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MINERAL TITLES REGULATIONS 2011
63Amalgamation of title areas
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63 Amalgamation of title areas
(1) For section 102(1) of the Act, the Minister may amalgamate the
original title areas of any original titles except EMELs.
(2) An application under section 102(2)(b) of the Act must:
(a) be in the approved form; and
(b) identify the original titles to be amalgamated; and
(c) relate only to original titles that are in force; and
(d) if the application relates to a replacement title that is an EL:
(i) identify the blocks to be amalgamated, which must not
exceed 250; and
Mineral Titles Regulations 2011 34
(ii) include a technical work program for the first operational
year of the EL; and
(e) if the application relates to another replacement title:
(i) identify the proposed title area, which must not exceed
the maximum size specified for that type of mineral title
under Part 3 or 4 of the Act; and
(ii) include a summary of the work to be carried out for
conducting the authorised activities in the proposed title
(3) The term of a replacement title must not exceed the maximum term
for that type of title specified under Part 3 or 4 of the Act.
(4) Before issuing a replacement title, the Minister may require the title
holder to have the proposed title area surveyed:
(a) by a licensed surveyor; or
(b) in accordance with Part 3, Division 2.
(5) The method of survey required by the Minister does not need to
correspond to the method of survey otherwise prescribed by these
Regulations for the grant of the same type of title as the
replacement title.
(6) The holder of the replacement title:
(a) is not entitled to a refund of rent paid for any of the land that
was in the original title areas but is not included in the title
area of the replacement title; and
(b) if any land in the original title areas of an EL, ELR or ML is not
included in the title area of the replacement title – must give
the Minister a final report for that land within 60 days after the
date on which the Minister cancels the original titles and
issues the replacement title.
Notes for subregulation (6)(b)
1 See regulation 86(3) to (5) for provisions about the content of the final report.
2 See regulation 131 for provisions about the fee payable if the report is not
(7) Rent is payable for a replacement title as follows:
(a) for an EL – as if it had been in force for the period calculated
by averaging of the number of operational years of the original
titles and adding 1 operational year;
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(b) for any other title – as if it had been granted under Part 3 or 4
(8) In this regulation:
replacement title means the mineral title issued to replace the
original titles.