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Mineral Titles Act 2010
204Non-compliant existing interests
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204 Non-compliant existing interests
(1) This section applies to each of the following existing interests (a
non-compliant existing interest):
(a) a mineral claim;
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(b) a right or entitlement continued in force by section 191(19)
or (20) of the repealed Act;
(c) a title continued in force by section 191(28) of the repealed
Act.
(2) The non-compliant existing interest continues in force and has
effect after the commencement day as if this Act had not
commenced.
(3) However, as soon as practicable after the commencement day, the
Minister must decide to take one of the following actions in relation
to the non-compliant existing interest:
(a) convert it to the mineral title the Minister considers
appropriate;
(b) facilitate its conversion to another interest in relation to the
land to which it relates (for example, a licence under the
Crown Lands Act 1992);
(c) accept its surrender;
(d) cancel it.
(4) For subsection (3), the Minister must give the holder of the
non-compliant existing interest a notice stating the following:
(a) the action the Minister has decided to take;
(b) the information the holder must give the Minister about the
non-compliant existing interest and the time within which it
must be given;
(c) the holder may accept the Minister's decision, or make a
submission to the Minister, within the time specified in the
notice;
(d) the holder is entitled to a review of the Minister's decision as
prescribed by regulation;
(e) any other information required by regulation.
(5) The times specified under subsection (4)(b) and (c) must be
sufficient to enable the holder of the non-compliant existing interest
to obtain the information and fully consider the Minister's decision,
taking into account the nature of the information and non-compliant
interest.
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