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MINERAL TITLES REGULATIONS 2011
134Grant of existing interest – no corresponding application
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134 Grant of existing interest – no corresponding application
(1) This regulation applies in relation to an existing application for the
grant of an existing interest mentioned in section 200(1)(a) of the
Act.
Mineral Titles Regulations 2011 69
(2) The Minister may:
(a) after consulting with the applicant:
(i) accept withdrawal of the application and refund to the
applicant the fee and rent paid for the application; or
(ii) accept withdrawal and also accept for consideration an
application under Part 3 or 4 of the Act or section 118 of
the Act (a new application), as relevant, for a mineral
title appropriate for the activities the applicant intends to
conduct; or
(b) refuse to consider the application and refund to the applicant
the fee and rent paid for the application.
(3) Subregulation (2)(a)(ii) applies to the acceptance of a new
application even if Part 4, Division 3 would otherwise prevent the
acceptance.
(4) For subregulation (2)(a)(ii):
(a) the new application is taken to have been made on the same
day and at the same time as the withdrawn existing
application; but
(b) the fee payable for the new application is as specified in
Schedule 1, Part 1 and rent payable for the title area specified
in the new application is as specified in Schedule 1, Part 2.
(5) However, the fee and rent payable by the applicant in connection
with the new application must be adjusted to take into account the
fee and rent paid by the applicant in connection with the existing