NSWIn ForceAct
Mining Act 1992
190Power of Secretary in relation to applications
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#### 190 Power of Secretary in relation to applications
190 Power of Secretary in relation to applications
> > (1) After considering an application for a mineral claim, the Secretary—
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> > > (a) may grant to the applicant a mineral claim over all or only part of the land over which a claim was sought, or
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> > > (b) may refuse the application.
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> > (2) (Repealed)
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> > (3) If an objection to the granting of the mineral claim on the basis that the land concerned is agricultural land has been lodged with the Secretary before the application is determined, the Secretary may defer consideration of the application until the objection has been determined.
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> > (4)–(4B) (Repealed)
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> > (5) If the Secretary refuses to grant a mineral claim, the Secretary is to cause notice of the decision, and of the reasons for the decision, to be served on the applicant.
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> > (6) If more than one application is made for a mineral claim over the same area of land, the applications are to be dealt with in the order in which they are lodged or, if they are lodged simultaneously, in such order as may be prescribed by the regulations.
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> > Note.
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> > Schedule 1B makes provision about the grant or refusal of an application for a mineral claim and the conditions to which a mineral claim is subject.
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> > (7) (Repealed)
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> **s 190:** Am 1996 No 137, Sch 1 \[32\] \[33\] \[71\]; 2004 No 75, Sch 1 \[15\]; 2005 No 64, Sch 1.20 \[5\]; 2008 No 19, Sch 1 \[137\] \[142\]–\[145\]; 2014 No 53, Sch 1 \[2\]; 2015 No 40, Sch 1 \[60\] \[61\].