Part 6Mining leases

Part 6—Mining leases 34—Preliminary (1) Subject to this Act, the Minister may grant a mining lease to the holder, or to a related body corporate of the holder, of— (a) a registered mineral claim, in respect of the whole or part of land comprised in the claim; or (b) an exploration licence, in respect of the whole or part of land comprised in the licence; or (c) a retention lease, in respect of the whole or part of land comprised in the lease. (2) If a registered mineral claim or exploration licence relates to a particular stratum, the mining lease must, if granted, relate to the same stratum. (3) A mining lease must not be granted in respect of land within a subsurface stratum except on the authority of a resolution passed by both Houses of Parliament. (4) A mining lease is not required to be registered under the Real Property Act 1886. 35—Nature of mining lease (1) A mining lease— (a) confers an exclusive right on the holder of the lease to carry out mining operations subject to the provisions of this Act and the terms and conditions of the lease for the recovery of minerals from the land comprised in the lease; and (b) authorises the holder of the lease to sell, or dispose of, minerals recovered in the course of mining operations carried out under the lease or to use any such minerals. (2) A mining lease may be of a class prescribed by the regulations and subject to terms and conditions prescribed by the regulations in relation to that class, subject to any determination of the Minister as to the modification of any such term or condition. (3) In addition, a mining lease is subject to— (b) such additional terms and conditions (if any) as the Minister thinks fit and specifies in the lease. 36—Application for mining lease (1) An application for a mining lease— (b) must identify the boundaries of the land in respect of which the lease is being sought in accordance with the requirements of section 56E; and (c) must be accompanied by a mining proposal— (i) specifying the authorised operations that are proposed to be carried out under the lease; and (A) an assessment of the environmental impacts of the proposed operations; and (iii) incorporating a draft statement of the criteria to be adopted to measure those environmental outcomes, in a form prescribed by the regulations; and (iv) setting out the results of the consultation undertaken in connection with the proposed operations in accordance with the regulations; and (2) The Minister may require the applicant to furnish the Minister with any additional information specified by the Minister (and that information must be furnished within any period specified by the Minister). 37—Approval of application and registration (1) The Minister— (a) must not grant a mining lease unless the Minister is satisfied— (i) that there is a reasonable prospect that the land in respect of which the lease is sought could be effectively and efficiently mined; and (ii) that appropriate environmental outcomes will be able to be achieved; and (b) must not grant a mining lease if the Minister considers that sufficient investigations have not been carried out in order to enable the Minister to determine the terms and conditions on which the lease could be granted. (2) However, if the Minister cannot grant a mining lease by virtue of the operation of subsection (1), the Minister may instead, with the concurrence of the applicant for the mining lease (and on the basis of such further application by the applicant as the Minister thinks fit), grant a retention lease under Part 7. (3) If the Minister decides to grant a mining lease, the lease will be taken to be granted under this Act when the lease is registered on the mining register (and the term of the lease will be taken to commence from the date of registration). 38—Term and renewal of mining lease (1) A mining lease may be granted for such term as may be determined by the Minister and specified in the lease. (2) The holder of a mining lease may apply for the renewal of the lease before the expiration of the term of the lease. (3) An application for the renewal of a mining lease must be made to the Minister in a manner and form determined by the Minister before the date of expiry of the lease. (4) An application under subsection (3) must be accompanied by any other information that the Minister may require. (5) If an application for the renewal of a mining lease is not decided before the date on which the lease is due to expire, the lease continues in operation until the application is decided and, if the lease is renewed, the renewal dates from the date on which the lease would, but for this subsection, have expired. (6) If the Minister decides to grant a renewal, the mining lease will be renewed for a term determined by the Minister and specified in the lease.