77Addition of mineral to mineral mining lease

77 Addition of mineral to mineral mining lease

77 Addition of mineral to mineral mining lease

(1) The holder of a mining lease granted in respect of a mineral or minerals may apply for the inclusion in the lease of a mineral additional to the mineral or minerals to which the lease relates.

(2) The application must be lodged with the Secretary.

(3) The holder of a mining lease over any land must, within 21 days after lodging the application, serve a copy of the application on each landholder.

(4) After considering the application, the decision-maker—

(a) may, by order in writing served on the applicant, direct that the mining lease apply to the additional mineral specified in the direction, or

(b) may refuse the application.

(4A) A direction may be given in respect of a mining (mineral owner) lease only if the additional mineral is owned by the holder of that lease.

(5) A direction may be given unconditionally or subject to such conditions as are specified in the direction.

(6) While a direction is in force, the mining lease concerned is taken to extend to the mineral the subject of the direction.

s 77: Am 1996 No 137, Sch 1 [69]; 1999 No 43, Sch 1 [8]; 2008 No 19, Sch 1 [13] [72].