62Dwelling-houses, gardens and significant improvements

#### 62 Dwelling-houses, gardens and significant improvements 62 Dwelling-houses, gardens and significant improvements > > (1) A mining lease may not be granted over the surface of any land— > > > > > (a) on which, or within the prescribed distance of which, is situated a dwelling-house that is the principal place of residence of the person occupying it, or > > > > > (b) on which, or within the prescribed distance of which, is situated any garden, or > > > > > (c) on which is situated anything that is taken to be a significant improvement under clause 23A of Schedule 1, > > > > except with the written consent of the owner of the dwelling-house, garden or improvement (and, in the case of the dwelling-house, the written consent of its occupant). > > > (2) The prescribed distance is— > > > > > (a) 200 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (a), and > > > > > (b) 50 metres (or, if a greater distance is prescribed by the regulations, the greater distance) for the purposes of subsection (1) (b). > > > (3) A written consent given under this section is irrevocable. > > > (4) Subsection (1) does not apply in respect of a dwelling-house, garden or significant improvement that was not in existence at the relevant date. > > > (5) The relevant date is— > > > > > (a) in the case of a mining lease the subject of a tender under section 53, the date on which notice of the invitation for tenders for the mining lease was published in the Gazette under section 136, or > > > > > (b) in the case of a mining lease the subject of an application made by the holder of an exploration licence granted as a result of a tender under section 15 in respect of the same land, or of an assessment lease granted over the same land to the holder of such an exploration licence, the date on which notice of the invitation for tenders for the exploration licence was published in the Gazette under section 136, or > > > > > (c) in the case of a mining lease for coal the subject of an application made by the holder of an exploration licence for coal in respect of the same land, or of an assessment lease for coal granted over the same land to the holder of such an exploration licence, the date on which the application for the exploration licence was lodged, or > > > > > (d) in the case of a mining lease the subject of an application made by the holder of an assessment lease or mineral claim over the same land, the date on which the lease or claim was granted, or > > > > > (e) in the case of a mining lease the subject of an application made otherwise than by a person referred to in paragraph (a), (b), (c) or (d), the date on which the application for the mining lease was lodged. > > > (6) This section does not apply with respect to a dwelling-house, garden or significant improvement owned by the applicant for the mining lease or, if the applicant is a corporation, by a related corporation. > > > (6A) If a dispute arises as to whether or not subsection (1) applies in a particular case, any party to the dispute may apply to the Land and Environment Court for a determination of the matter. > > > (6B) The applicant for the mining lease is to pay the costs of the owner of the dwelling-house, garden or improvement (or occupant of the dwelling-house) in those proceedings in the Land and Environment Court. > > > (7) A mining lease must not be granted over land below the surface of land referred to in subsection (1) except at such depths, and subject to such conditions, as the decision-maker considers sufficient to minimise damage to that surface. > > > (8) (Repealed) > > **s 62:** Am 1992 No 111, Sch 1; 1996 No 137, Sch 1 \[43\]–\[45\]; 1999 No 43, Sch 1 \[2\] \[3\]; 2000 No 90, Sch 2.1 \[4\]; 2008 No 19, Sch 1 \[13\]; 2008 No 68, Sch 1 \[2\] \[4\]–\[6\]; 2008 No 107, Sch 19 \[8\]; 2010 No 135, Sch 16 \[1\] \[2\]; 2015 No 41, Sch 1 \[3\].