NSWIn ForceAct
Mining Act 1992
53Tenders
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#### 53 Tenders
53 Tenders
> > (1) A tender for a mining lease—
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> > > (a) must be lodged with the Secretary in accordance with the invitation for the tender, and
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> > > (b) must be accompanied by the required information, and
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> > > (c) must be accompanied by the lodgment fee prescribed by the regulations.
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> > Note.
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> > Section 129A requires a tender for a mining lease to be accompanied by a proposed work program.
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> > (2) The required information is as follows—
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> > > (a) particulars of the financial resources and relevant technical advice available to the tenderer,
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> > > (b) (Repealed)
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> > > (c) any other information that is specified in the tender invitation.
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> > (3) A tender may specify that, in the event that the tender is successful, the tenderer will pay—
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> > > (a) a specified amount, or
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> > > (b) royalty, at a specified rate, over and above the royalty payable under Part 14, or
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> > > (c) both such an amount and royalty at such a rate,
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> > in addition to the cash reserve price (if any) specified in the invitation for the tender.
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> > (4) A tender may also specify—
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> > > (a) whether or not an amount referred to in subsection (3) (a) will be paid by way of instalments, and
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> > > (b) if such an amount is to be paid by way of instalments—the period (not exceeding 5 years) within which the amount will be paid.
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> > (5) A tenderer is entitled to a refund of the fee referred to in subsection (1) (c) if a mining lease is not granted to the tenderer as a consequence of the tenderer being refused development consent to the use of the land concerned, or any part of the land, for the purpose of obtaining minerals.
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> **s 53:** Am 1996 No 137, Sch 1 \[15\]; 2008 No 19, Sch 1 \[45\]–\[47\]; 2015 No 40, Sch 1 \[29\] \[30\].