NSWIn ForceAct
Mining Act 1992
291AADeferral approvals for critical minerals
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#### 291AA Deferral approvals for critical minerals
291AA Deferral approvals for critical minerals
> > (1) A holder of a mining lease may apply for a deferral approval.
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> > (2) An application for a deferral approval must be lodged with the Secretary.
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> > (3) The Minister may, on application—
> >
> > > (a) grant a deferral approval, or
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> > > (b) refuse to grant a deferral approval.
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> > (4) The Minister must not grant a deferral approval unless the Minister is satisfied the application meets the eligibility criteria prescribed by the regulations.
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> > (5) In considering whether to grant a deferral approval, the Minister may have regard to guidelines issued and made publicly available by the Minister for the purposes of this section.
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> > (6) A deferral approval must specify a deferred time on which royalty for a specified period is payable on one or more critical minerals.
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> > (7) However, a deferral approval must not specify a deferred time that is greater than a deferred period of time prescribed by the regulations.
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> > (8) A deferral approval cannot apply to a mineral other than a critical mineral.
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> > (9) A deferral approval is subject to conditions imposed by the regulations.
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> > (10) The Minister may revoke a deferral approval in the circumstances prescribed by the regulations.
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> > (11) No compensation is payable for the revocation of a deferral approval.
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> > (12) The regulations may further provide for matters in connection with the revocation of a deferral approval, including the payment of royalties payable under a deferral approval on revocation.
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> > (13) In this section—
> >
> > critical mineral means a mineral prescribed by the regulations for this section.
>
> **s 291AA:** Ins 2025 No 37, Sch 3\[12\].