103Application for acceptance of surrender

103 Application for acceptance of surrender (1) The holder of a mineral title may apply to the Minister to accept the surrender of all or part of the title area and may specify in the application the day on which the title holder wishes the surrender to take effect. (2) The holder of an EL may surrender part of the title area only if the surrender will leave no more than 3 separate areas of land in the title area, each comprising at least 4 adjoining blocks. Mineral Titles Act 2010 53 (3) If the holder of an ELR, ML, EMP or EML applies to surrender part of the title area, the title holder must: (a) have surveyed the remaining title area as specified by regulation; and (b) give the Minister a copy of the survey report with the (3A) The Minister must consult with the Minister administering the Environment Protection Act 2019 before accepting the surrender of the whole or part of the title area to which an environmental (mining) licence under the Environment Protection Act 2019 applies or has applied. (4) The Minister may, by notice, accept the surrender of all or part of a title area after taking into account whether the applicant has complied with: (a) the conditions of the mineral title for all of the title area; and (b) if the mineral title was subject to the Mining Management Act 2001 before its repeal – all of the provisions of that Act as in force before its repeal applicable to the title; and (c) if the mineral title is subject to the Environment Protection Act 2019, Part 5A – all of the provisions of that Part applicable to the title. (5) The Minister may refuse to accept a surrender if the Minister considers it appropriate to do so. Note for subsection (5) One reason for a refusal may be because work for the rehabilitation of the title area to be surrendered has not been completed.