76Survey of particular title areas

76 Survey of particular title areas (1) This section applies in relation to any of the following applications: (a) an application under section 33 for the designation of an EL as an ELR; (b) an application under Part 3 or 4 for the grant of an ML, EML or EMP; (c) an application under section 118(1) for the grant of an MA, if the Minister requires a survey of the proposed title area of the MA. (2) The applicant must survey the proposed title area of the mineral title, and give the Minister a copy of the plan of survey, before the Minister may issue the ELR or grant the ML, EML, EMP or MA (as applicable). (3) However, if the Minister is satisfied there are reasons to justify a delay in surveying the proposed title area of the mineral title, the Minister may: (a) issue or grant the title before the proposed title area is surveyed; and (b) require the applicant to complete a survey of the title area within a specified period not exceeding 6 months; and

Mineral Titles Act 2010 41 (c) include the requirement under paragraph (b) as a condition of the title. (4) In relation to an application for the grant of an ML or EML, if the title area to be surveyed: (a) exceeds the size prescribed by regulation – the applicant must: (i) have the title area surveyed by a licensed surveyor as defined in section 4 of the Licensed Surveyors Act 1983; and (ii) give the Minister a copy of the plan of survey for the title area certified by the Surveyor-General under the Licensed Surveyors Act 1983; or (b) does not exceed the size prescribed by regulation – the applicant must survey the title area as prescribed by regulation. (5) In relation to an application for the designation of an EL as an ELR, or the grant of an EMP or MA, the applicant must survey the title area as prescribed by regulation.