204Non-compliant existing interests

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;

Mineral Titles Act 2010 106 (b) a right or entitlement continued in force by section 191(19) or (20) of the repealed Act; (c) a title continued in force by section 191(28) of the repealed Act.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.

Mineral Titles Act 2010 107