8Establishment of facilities on leased land

8 Establishment of facilities on leased land

(1)  An approved person may apply to the Minister to use the leased land for the establishment of facilities for use in a pollution-reducing activity.

(2)  An application is to contain full particulars of –

(a) the pollution-reducing activity intended to be undertaken; and

(b) the land on or from which the activity is intended to be undertaken; and

(c) any associated building or other works intended to be undertaken.

(3)  If the Minister considers it appropriate, he or she, on receiving an application, may consult with –

(a) the Mining Minister; and

(b) the person holding the mining lease over the relevant land.

(4)  The Minister and the Mining Minister are to attempt to reach agreement with the person referred to in subsection (3)(b) as to the terms and conditions on which that person is to surrender the mining lease, or part of the mining lease, to the Mining Minister if such a surrender is necessary or expedient for the purpose of conducting or enabling the relevant pollution-reducing activity.

(5)  In the event that agreement under subsection (4) cannot be reached, the Mining Minister may direct the Registrar to cancel the relevant mining lease and issue a new mining lease on comparable terms and conditions but excluding the land on which the pollution-reducing activity is to be undertaken.

(6)  The Mining Minister is to take into account any hardship that may be incurred by the person referred to in subsection (3)(b) as a result of the cancellation of the relevant mining lease and the issue of its replacement under subsection (5).

(7)  The person who made the application to the Minister under subsection (1) may apply to the Mining Minister for a mining lease.

(8)  Nothing in this section affects the rights of a lessee, within the meaning of the Mineral Resources Development Act 1995 , under Part 8 of that Act.