NSWIn ForceAct
Mining Act 1992
41Power of decision-maker in relation to applications
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#### 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—
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> > > (a) may grant to the applicant an assessment lease over all or part of the land over which a lease was sought, or
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> > > (b) may refuse the application.
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> > Note.
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> > 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.
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> > (2) The decision-maker may grant—
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> > > (a) a single assessment lease for 2 or more applications made by the same applicant, or
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> > > (b) 2 or more assessment leases to an applicant for a single application.
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> > (3) The decision-maker may not grant an assessment lease under this section otherwise than in accordance with Part 1 of Schedule 1.
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> > (4) However, Part 1 of Schedule 1 does not apply to an application for an assessment lease made—
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> > > (a) by the holder of a mining lease over the same land as that over which the assessment lease is sought, or
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> > > (b) pursuant to an invitation under Schedule 1A (Competitive selection process for controlled release prospecting titles).
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> **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\[21\].