Part 8Leases

Part 8—Leases 30—Additional information in connection with application for mining lease (1) For the purposes of section 36(1)(d) of the Act, the following information is prescribed: (a) a statement nominating the principal mineral or minerals that are to be recovered under the mining lease; (b) a statement that provides detailed information about the mineral resource or ore reserve, or both; (c) a statement declaring that the mineral resource or ore reserve, or both, has been appropriately identified and estimated; (d) a statement of the technical, operational and financial capabilities and resources available to the applicant for the purpose of carrying out operations under the mining lease; (e) a statement that demonstrates— (i) that there is a reasonable prospect that the land in respect of which the lease is sought could be effectively and efficiently mined; and (ii) that appropriate environmental outcomes will be able to be achieved; (f) a statement by the applicant or a related body corporate outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in— (iv) the issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment; (g) such other information as may be determined by the Minister for the purposes of this regulation. (2) Any information provided under subregulation (1) must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided. 31—Additional information in connection with application for retention lease (1) For the purposes of section 44(1)(d) of the Act, the following information is prescribed: (a) if the application is being made under section 43(1)(a) of the Act— (i) a statement outlining the operations to be carried out to support an application for a mining lease; and (ii) a statement that provides detailed information about the mineral resource or ore reserve, or both; and (iii) a statement declaring that the mineral resource or ore reserve, or both, has been appropriately identified and estimated; (b) if the application is being made under section 43(1)(c) of the Act— (i) a statement nominating the principal mineral or minerals that are proposed to be recovered under a mining lease; and (ii) a statement that provides detailed information about the mineral resource or ore reserve, or both; and (iii) a statement declaring that the mineral resource or ore reserve, or both, has been appropriately identified and estimated; and (iv) a statement setting out the grounds for proposing that there are economic or other reasons which justify not proceeding immediately to mine the land under a mining lease; and (v) a statement setting out the reasons why the applicant considers that mining the relevant land will become commercially viable within the next 5 years; (c) a statement of the technical, operational and financial capabilities and resources available to the applicant for the purpose of carrying out operations under the retention lease; (d) a statement that demonstrates that appropriate environmental outcomes will be able to be achieved; (e) a statement by the applicant or a related body corporate outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in— (iv) the issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment; (2) Any information provided under subregulation (1) must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided. 32—Notice of application for retention lease For the purposes of section 56H(1)(a)(ii) of the Act, an application for a retention lease is exempt from the operation of that section if the applicant proposes to conduct only exploration operations in relation to the land to which the application relates. 33—Notice of terms and conditions The Minister must, before determining to grant a mining lease or a retention lease, notify the applicant of the proposed terms and conditions of the lease and give the applicant at least 28 days, or such longer period as the Minister may allow, to make submissions on those terms and conditions before the Minister finalises them (although the applicant may indicate that a shorter period of time is sufficient for the purposes of this regulation). 34—Renewal of retention lease (1) For the purposes of section 46(3)(b) of the Act, the following information is prescribed: (b) a statement outlining the reasons why the retention lease should be renewed; (c) a statement of the technical, operational and financial capabilities and resources available to the applicant for the purposes of carrying out operations under the renewed lease; (d) a statement by the applicant or a related body corporate outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in— (iv) the issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment; (2) Any information provided under subregulation (1) must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided. 35—Notice of decision The Minister must give an applicant for a mining lease or a retention lease, or for the renewal of a mining lease or a retention lease, notice of the outcome of the application.