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Mineral Titles Act 2010
78Deciding application for grant of mineral title
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78 Deciding application for grant of mineral title
(1) This section applies in relation to an application for the grant of a
mineral title, after:
(a) all the procedures under this Division relevant to the
application are completed; and
(b) the Minister has considered:
(i) all objections, submissions, and responses mentioned in
section 72; and
(ii) all other matters he or she is required by this Act to
consider before making a decision about the application.
(2) The Minister may decide to take one of the following actions:
(a) grant the mineral title for all of the proposed title area;
(b) grant the mineral title for part of the proposed title area and
refuse to grant the title for the remaining proposed title area;
(c) refuse to grant the mineral title;
(d) refer the application to the Tribunal for a hearing and
recommendation.
(3) If the Minister refers the application to the Tribunal, the Minister
may make a decision mentioned in subsection (2)(a), (b) or (c) after
considering the Tribunal's recommendation.
(4) However, the Minister is not obliged to follow a recommendation of
the Tribunal.
(5) Without limiting subsection (2)(c), the Minister may decide to refuse
to grant a person a mineral title (a new title) for an area of land in
or comprising an existing title area or existing proposed title area if
the Minister considers:
(a) the authorised activities to be conducted under the new title
would be significantly incompatible with the work being carried
out, or to be carried out, in the existing title area or existing
proposed title area; or
(b) in relation to an existing title area and an application for the
grant of an EL or EMEL – the existing title area substantially
covers the proposed title area of the EL or EMEL.