134Grant of existing interest – no corresponding application

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(2)(a)(ii): (a) the new application is taken to have been made on the same day and at the same time as the withdrawn existing application; but (b) the fee payable for the new application is as specified in Schedule 1, Part 1 and rent payable for the title area specified in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