77AEligibility criteria for deferral approval applications

#### 77A Eligibility criteria for deferral approval applications 77A Eligibility criteria for deferral approval applications > > (1) For the Act, section 291AA(4), the eligibility criteria is the following— > > > > > (a) the applicant, or related body corporate to the applicant, has a market value or capitalisation of less than $5 billion, > > > > > (b) the primary purpose of the mining lease the subject of the application is the recovery of one or more critical minerals, > > > > > (c) any critical mineral to be specified in the deferral approval must not have been recovered under the mining lease the subject of the application, > > > > > (d) any critical mineral to be specified in the deferral approval must not have been recovered under a mining lease that— > > > > > > > (i) was the last mining lease granted over the land before the mining lease the subject of the application was granted, and > > > > > > > (ii) was over land to which the mining lease the subject of the application applies. > > > (2) In this clause— > > > > related body corporate, in relation to an applicant, has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > **cl 77A:** Ins 2025 No 37, Sch 4\[7\].