63Power of decision-maker in relation to applications

#### 63 Power of decision-maker in relation to applications 63 Power of decision-maker in relation to applications > > (1) After considering an application for a mining lease, the decision-maker— > > > > > (a) may grant to the applicant a mining 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 a mining lease. > > > (2) (Repealed) > > > (3) The decision-maker may grant— > > > > > (a) a single mining lease for 2 or more applications made by the same applicant, or > > > > > (b) 2 or more mining leases to an applicant for a single application. > > > (3A) A mining lease may not be granted until the mining lease fee prescribed by the regulations has been paid for the grant of the lease. > > > (4) A mining lease may not be granted under this section otherwise than in accordance with Part 2 of Schedule 1. > > > (5) A mining lease may not be granted, in respect of an ancillary mining activity or activities only, unless the decision-maker is satisfied that the ancillary mining activity or activities is or are to be carried out in the vicinity of and to directly facilitate— > > > > > (a) a mining lease in respect of a mineral or minerals, or > > > > > (b) a mineral claim, > > > > being a mining lease or mineral claim that has been or is proposed to be granted. > > > (6) A mining lease must not be granted if— > > > > > (a) the application for the mining lease is for an ancillary mining activity or activities, and > > > > > (b) the ancillary mining activity or activities relate only to mining under a mining (mineral owner) lease, and > > > > > (c) the land that is to be subject to the mining lease is not owned by the holder of the mining (mineral owner) lease. > > > (7) The decision-maker, in deciding whether to grant or refuse an application for a mining lease for an ancillary mining activity or activities only, is to have regard to guidelines issued (and made publicly available) by the Secretary for the purposes of this subsection. > > **s 63:** Am 1996 No 137, Sch 1 \[16\] \[62\]; 2008 No 19, Sch 1 \[13\] \[57\]–\[60\]; 2014 No 10, Sch 1 \[7\] \[8\]; 2015 No 40, Sch 1 \[33\] \[34\]; 2017 No 27, Sch 1 \[4\]–\[7\]; 2022 No 21, Sch 1\[2\] \[29\] \[30\].