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Mineral Titles Act 2010
203Inconsistency of corresponding mineral title with Act
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203 Inconsistency of corresponding mineral title with Act
(1) If a condition of a corresponding mineral title is inconsistent with a
provision of this Act, the condition of the corresponding mineral title
prevails to the extent of the inconsistency.
(2) However, the Minister may decide under section 100 to vary the
condition.
Mineral Titles Act 2010 105
(3) In relation to a corresponding mineral title that does not comply fully
with a requirement of this Act, the Minister may, as soon as
practicable after the commencement day:
(a) give the title holder a notice recommending a way to achieve
compliance; or
(b) require the title holder to take a specified action to achieve
compliance; or
(c) if the non-compliance is such that it may be appropriate to
convert the corresponding mineral title to another type of
mineral title, give the holder of the non-compliant title a notice
stating the following:
(i) the Minister has decided to convert the non-compliant
title to another specified mineral title;
(ii) details of the non-compliance;
(iii) the information the title holder must give the Minister
about the non-compliant title and the time within which it
must be given;
(iv) the title holder may accept the Minister's decision, or
make a submission to the Minister, within the time
specified in the notice;
(v) the title holder is entitled to a review of the Minister's
decision as prescribed by regulation;
(vi) any other information required by regulation.
Example for subsection (3)(c)
An ML that was a mineral lease under the repealed Act may have a title area that
does not contain an ore body or anomalous zone as required by the operation of
Part 3, Divisions 1, 2 and 3, in which case it may be appropriate to convert the
ML to an EL.
(4) The times specified under subsection (3)(c)(iii) and (iv) must be
sufficient to enable the holder of the non-compliant title to obtain the
information and fully consider the Minister's decision, taking into
account the nature of the information and non-compliance.