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Mineral Titles Act 2010
34Designation and issuing of ELR
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34 Designation and issuing of ELR
(1) The Minister may decide to designate an EL as an ELR in relation
to all, or one or more parts, of the title area of the EL if satisfied:
(a) about the matters mentioned in section 33(2)(a) and (b); and
(b) the applicant will have the technical and financial capacity to
develop and mine the mineral deposits in the title area of the
ELR.
(2) After making a decision under subsection (1), the Minister must
issue the applicant with a mineral exploration licence in retention.
(3) A mineral exploration licence in retention is a mineral title that
gives the title holder:
(a) the right to occupy the title area specified in the ELR; and
(b) the exclusive right to conduct the activities specified in
section 37; and
(c) the exclusive right to apply for a mineral lease for all or part of
the title area.
(4) The rights of the title holder may be exercised only:
(a) during the period the ELR is in force; and
(b) in accordance with this Act and the conditions of the ELR.
(5) The Minister may issue the ELR for a term not exceeding 5 years.
Note for section 34
Part 5, Division 2 includes procedures relevant to making a decision for this
section.