38Registration of mining subleases

#### 38 Registration of mining subleases 38 Registration of mining subleases (Former clause 36 of 2010 Reg) > > (1) For the purposes of section 163A (1) of the Act, the following information must be recorded in the register of mining subleases— > > > > > (a) details of the lease being sublet, > > > > > (b) a description of the sublease area, > > > > > (c) the term of the sublease, including the date of commencement and expiry, > > > > > (d) the name of each sublessee of the sublease area, > > > > > (e) the name of the primary lessee of the lease being sublet, > > > > > (f) the sublease number or other identifying code for the sublease. > > > (2) For the purposes of section 163A (4) (f) of the Act, the following information must accompany an application for registration— > > > > > (a) the name and contact details of each sublessee, > > > > > (b) the consent of each sublessor, > > > > > (c) the date of commencement and expiry of the sublease, > > > > > (d) the consent of any persons with a registered interest in the lease being sublet. > > > (3) For the purposes of section 163A (7) of the Act, an application to register, renew or vary a sublease is exempt from the requirement to obtain the approval of the Minister under section 163A (3) of the Act if— > > > > > (a) the sublessee is the leaseholder of an adjoining lease or sublease area, and > > > > > (b) the total sublease area (including the area of any adjoining subleases) does not exceed 100 hectares, and > > > > > (c) the term of the sublease does not exceed 5 years, including any consecutive sublease periods and options for extension. > > > (4) For the purposes of section 163A (8) of the Act, the prescribed office of the Department at which the register of mining subleases must be kept is Maitland.