396Miscellaneous

#### 396 Miscellaneous 396 Miscellaneous > > (1) The grant, renewal or transfer of a mining lease may be rejected under this Division even if— > > > > > (a) the mining lease is necessary for the carrying out of State significant development authorised by a development consent, despite the Planning Act, section 4.42, or > > > > > (b) the mining lease is necessary for the carrying out of approved State significant infrastructure under the Planning Act, Division 5.2 despite the Planning Act, section 5.24, or > > > > > (c) the mining lease is necessary for the carrying out of a transitional Part 3A project under the [Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017](/view/html/inforce/current/sl-2018-0067), Schedule 2, despite the Planning Act, section 75V as continued and modified by that Schedule, or > > > > > (d) the Planning Act, section 4.47 or 4.50 would otherwise prevent that rejection. > > > (2) The regulations may extend the application of a provision of this Act to a decision under this Division, with or without modification. > > > (3) Without limiting subsection (2)— > > > > > (a) sections 126 and 127(1) extend to a specified decision under this Division to cancel an authorisation, and > > > > > (b) sections 136 and 137 extend to a specified decision under this Division to cancel, or reject an application for the grant, renewal or transfer of, an authority, and > > > > > (c) section 190(5) extends to a specified decision under this Division to reject an application for the grant of a mineral claim, and > > > > > (d) section 204 extends to a specified decision under this Division to cancel a mineral claim, and > > > > > (e) section 205(1) extends to a specified decision under this Division to cancel a mineral claim, and > > > > > (f) section 210B extends to a specified decision under this Division to cancel, or reject an application for the grant, renewal or transfer of, a mineral claim, and > > > > > (g) section 228(3) extends to a specified decision under this Division to reject an application for the grant of an opal prospecting licence, and > > > > > (h) section 234 extends to a specified decision under this Division to cancel an opal prospecting licence, and > > > > > (i) section 234A extends to a specified decision under this Division to cancel, or reject an application for the grant of an opal prospecting licence. > > > (4) The regulations may make provision for the application of this Division to authorisations jointly held by, and applications jointly made by, more than 1 person, including dealing with the following— > > > > > (a) a decision regarding an authorisation if 1 or more holders, but not all the holders, are declared persons, > > > > > (b) the transfer of a declared person’s holding to another person. > > > (5) In this section— > > > > Planning Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > **s 396:** Ins 2022 No 21, Sch 1\[152\].