37Land subject to authority

#### 37 Land subject to authority 37 Land subject to authority > > (1) An assessment lease may not be granted over any land— > > > > > (a) the subject of an exploration licence that includes any mineral or minerals in respect of which the assessment lease is sought, or > > > > > (b) the subject of an assessment lease, mining lease or mineral claim, or > > > > > (c) the subject of an application for any of the following that was lodged before the application for the assessment lease— > > > > > > > (i) an exploration licence that includes a group of minerals in respect of which the assessment lease is sought, > > > > > > > (ii) an assessment lease, > > > > > > > (iii) a mining lease, > > > > > > > (iv) a mineral claim, > > > > otherwise than to or with the written consent of the holder of, or the applicant for, that licence, lease or claim. > > > (1A) Despite subsection (1) (c) (i) and (ii), an assessment lease may be granted over land the subject of a preceding application for an exploration licence or assessment lease if— > > > > > (a) the application for the firstmentioned assessment lease was made pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles), and > > > > > (b) that invitation was issued before the preceding application was lodged. > > > (2) A written consent given under this section is irrevocable. > > > (3) If, as a result of such a consent, an assessment lease is granted over any such land, that land— > > > > > (a) ceases to be subject to the exploration licence, assessment lease, mining lease or mineral claim concerned, or > > > > > (b) is excluded from the application for the exploration licence, assessment lease, mining lease or mineral claim concerned, > > > > as the case requires, unless the decision-maker makes a determination under subsection (4). > > > (4) The decision-maker may determine that subsection (3) does not apply with respect to the land or to a part of the land if the decision-maker is satisfied that having the land or that part subject to both the lease and the other authorisation concerned will not make the exercise of rights under the lease or the other authorisation impracticable. > > **s 37:** Am 2008 No 19, Sch 1 \[32\]–\[34\]; 2015 No 39, Sch 1 \[7\].