245Mining lease

245  Mining lease  (1) A mining lease is a lease (other than an agricultural lease, a pastoral lease or a residential lease) that permits the lessee to use the land or waters covered by the lease solely or primarily for mining. Mining leases to which subsection (3) applies  (2) Subject to subsection (4), subsection (3) applies to a mining lease if the lease was in force at the beginning of 1 January 1994 (the test time) and either or both of the following paragraphs apply:  (a) the following conditions are satisfied:  (i) a city, town or private residences had been wholly or partly constructed at the test time on a part of the land or waters covered by the lease;  (ii) the construction was permitted by the lease;  (iii) in the case of any private residences—they had been, or were being, constructed as fixtures and it was reasonably likely at the test time that, if mining under the lease were to cease at any later time, they would continue to be used as private residences;  (b) the following conditions are satisfied:  (i) other buildings or works had been wholly or partly constructed as fixtures at the test time, on a part of the land or waters covered by the lease, for carrying on an activity in connection with any city, town or private residences covered by paragraph (a);  (ii) the construction was permitted by the lease;  (iii) it was reasonably likely at the test time that, if mining under the lease were to cease at any later time, the buildings or works would continue to be used to carry on the same activity, or a similar activity, in connection with any city, town or private residences mentioned in paragraph (a). Dissection of mining lease  (3) If this subsection applies to a mining lease, the lease is taken instead to consist of separate leases in respect of:  (a) the part of the land or waters in respect of which paragraph (2)(a) or (b), or both paragraphs, are satisfied; and  (b) the remainder of the land or waters. Exclusion of certain cities, towns etc.  (4) The Commonwealth Minister may, by legislative instrument, determine that a specified city, town, private residence, building or works is not to be taken into account for the purposes of subsection (3).