Mining Act 1992
41Power of decision-maker in relation to applications
Start here
Get a plain-English read of 41
Turn the raw legal text into a practical explanation grounded in Mining Act 1992.
41 Power of decision-maker in relation to applications
41 Power of decision-maker in relation to applications
(1) After considering an application for an assessment lease, the decision-maker—
(a) may grant to the applicant an assessment lease over all or part of the land over which a lease was sought, or
(b) may refuse the application.
Note.
Schedule 1B contains provisions about the grant or refusal of an application for an assessment lease and the conditions to which an assessment lease is subject.
(2) The decision-maker may grant—
(a) a single assessment lease for 2 or more applications made by the same applicant, or
(b) 2 or more assessment leases to an applicant for a single application.
(3) The decision-maker may not grant an assessment lease under this section otherwise than in accordance with Part 1 of Schedule 1.
(4) However, Part 1 of Schedule 1 does not apply to an application for an assessment lease made—
(a) by the holder of a mining lease over the same land as that over which the assessment lease is sought, or
(b) pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles).
s 41: Am 2008 No 19, Sch 1 [13] [37] [38]; 2014 No 10, Sch 1 [5] [6]; 2015 No 39, Sch 1 [8]; 2015 No 40, Sch 1 [20] [21]; 2022 No 21, Sch 1[21].