Mining Regulations 2020
Part 6Mineral claims
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Part 6—Mineral claims 18—Application to establish a mineral claim (1) For the purposes of section 21(7)(f) of the Act, the following information is prescribed: (a) a statement of the proposed operations to be carried out within the area of the mineral claim; (b) a plan delineating any exempt land within the area of the mineral claim. (2) For the purposes of sections 21(10) and 24A(a)(ii) of the Act, the period of 28 days, or such longer period as the Mining Registrar may determine or approve, is prescribed. 19—Area of claim For the purposes of section 23 of the Act (but subject to section 23(2) of the Act), the maximum permissible area of a mineral claim is 250 hectares. 20—Notification of registration The Mining Registrar must, on the registration of a mineral claim, give notice of the registration of the claim to the applicant. 21—Cancellation of claim (1) If the Mining Registrar discovers or determines, after a mineral claim is registered, that the claim should not have been registered on account of a contravention of, or a failure to comply with, a provision or requirement of the Act or these or any other regulations made under the Act, the Mining Registrar may, by notice in writing to the owner of the claim, give notice of the Mining Registrar's intention to cancel the registration of the claim on a day specified in the notice (which must be at least 21 days after the date of the notice). (2) A person who receives a notice under subregulation (1) may apply to the Warden's Court to have the decision of the Mining Registrar reviewed. (3) An application for review must be made within 14 days of service of the notice (unless the Warden's Court allows an extension of time). (4) Pending the determination of an application for review, the Mining Registrar must not cancel the registration of the claim. (5) At the conclusion of the review, the Warden's Court may— (a) confirm the decision of the Mining Registrar; or (b) cancel the notice. (6) Subject to a decision of the Warden's Court under this regulation, the Mining Registrar may, after the day specified in a notice under this regulation, cancel the registration of the relevant claim. 22—Cessation of claim if lease granted If the Minister grants a mining lease or a retention lease over the whole or part of the area of a mineral claim— (a) the claim will cease to the extent to which the lease applies to the area of the claim; and (b) if there is no other application for a mineral tenement in relation to the mineral claim under consideration under the Act and these regulations at that time, the claim will cease and determine.