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Mining Act 1992
13CApplication for operational allocation licence by existing authority holders
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#### 13C Application for operational allocation licence by existing authority holders
13C Application for operational allocation licence by existing authority holders
> > (1) The holder of an exploration licence, assessment lease or mining lease for coal may apply under this section for an exploration licence for coal.
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> > (2) An application under this section is subject to the following requirements—
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> > > (a) the application must be for a purpose that is prescribed by the regulations as an operational allocation purpose,
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> > > (b) the land to which the application relates must comply with the regulations in relation to shape, size and such other features as may be prescribed,
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> > > (c) such other requirements as may be prescribed by the regulations.
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> > (3) Without limiting any other provision of this Act, an application under this section may be refused on any one or more of the following grounds—
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> > > (a) the decision-maker is not satisfied that the application is for an operational allocation purpose,
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> > > (b) the decision-maker is satisfied that there is sufficient interest from other potential applicants to justify a competitive selection process for the grant of an exploration licence over the area concerned,
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> > > (c) the decision-maker is satisfied that the application does not comply with any requirement of this section or the regulations.
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> > (3A) The decision-maker may, for the purpose of determining whether there is sufficient interest from other potential applicants to justify a competitive selection process for the grant of an exploration licence over the area concerned under subsection (3)(b), conduct a market interest test by seeking expressions of interest from—
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> > > (a) the applicant under this section, and
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> > > (b) other potential applicants.
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> > (3B) The market interest test may be conducted over an area that differs in size and shape from the area concerned under subsection (3)(b).
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> > (4) Without limiting any other provision of this Act, in deciding whether to grant or refuse an application under this section the decision-maker may take into account any guidelines issued (and made publicly available) by the Minister for the purposes of this section.
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> **s 13C:** Ins 2015 No 39, Sch 1 \[3\]. Am 2022 No 21, Sch 1\[10\].