51Application for mining lease

#### 51 Application for mining lease 51 Application for mining lease > > (1) Any person may apply for a mining lease. > > > (2) To avoid doubt, the owner of privately owned minerals may apply for a mining (mineral owner) lease or any other mining lease with respect to those minerals. > > > > Note. > > > > The owner of privately owned minerals may choose to apply for an ordinary mining lease with respect to those minerals, rather than a mining (mineral owner) lease. In relation to mining (mineral owner) leases see section 68 (4). > > > (3) An application that relates to land in a mineral allocation area may not be made in relation to an allocated mineral except— > > > > > (a) by the holder of an exploration licence, assessment lease or mining lease over that land in respect of that mineral, or > > > > > (b) with the Minister’s consent. > > > (3A) An application that relates to land in a controlled release area may not be made in relation to a controlled release mineral except by the holder of an exploration licence, assessment lease or mining lease over that land in respect of that mineral. > > > (4) An application for a mining lease must— > > > > > (a) be lodged with the Secretary, and > > > > > (b) be accompanied by the application fee, if any, prescribed by the regulations, and > > > > > (c) be accompanied by the information, if any, specified by the regulations, and > > > > > (d) if the application is for a mining (mineral owner) lease with respect to privately owned minerals that have more than one owner, be made by all the owners. > > > > Note. > > > > Section 129A requires an application for a mining lease to be accompanied by a proposed work program. > > > (5), (6) (Repealed) > > **s 51:** Am 1996 No 137, Sch 1 \[15\] \[59\]–\[61\]. Subst 2008 No 19, Sch 1 \[43\]. Am 2015 No 39, Sch 1 \[9\] \[10\]; 2015 No 40, Sch 1 \[27\] \[28\]; 2017 No 27, Sch 1 \[4\]; 2022 No 21, Sch 1\[25\] \[26\].