sec.3Relationship with Mineral Resources Act

### sec.3 Relationship with Mineral Resources Act This section does not apply to a coal or oil shale mining tenement. For provisions for coal seam gas, see part 6F . For the relationship between the Mineral Resources Act and the 2004 Act , see the Mineral Resources Act , section 3A . Subject to subsections (3) to (6) , the Mineral Resources Act does not limit or otherwise affect— the power under this Act to grant or renew a lease or renew an authority to prospect over land (the overlapping land ) in the area of a mining tenement under the Mineral Resources Act ; or a lease or authority to prospect already granted under this Act over land (also the overlapping land ) in the area of an existing mining tenement. If the mining tenement is a mining lease (other than a transportation mining lease), an authorised activity for the authority to prospect or lease under this Act may be carried out on the overlapping land only if— the mining lease holder has agreed in writing to the carrying out of the activity; and a copy of the agreement has been lodged; and For other relevant provisions about lodging documents, see part 9 , division 1A . the agreement is still in force. If the mining tenement is an exploration permit, mineral development licence or transportation mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if— the mining tenement holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or carrying out the activity does not adversely affect the carrying out of an authorised activity for the tenement that has already started. If the mining tenement is an exploration permit or a mineral development licence and the overlapping land is in the area of the lease under this Act, an authorised activity for the mining tenement may be carried out on the overlapping land only if— the lessee has agreed in writing to the carrying out of the activity; and a copy of the agreement has been lodged; and the agreement is still in force. In this section— transportation mining lease means a mining lease granted under the Mineral Resources Act , section 316 . s 3 ins 1995 No. 22 s 5 sub 2004 No. 26 s 5 amd 2008 No. 33 s 125 sch 1 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 (sec.3-ssec.1) This section does not apply to a coal or oil shale mining tenement. For provisions for coal seam gas, see part 6F . For the relationship between the Mineral Resources Act and the 2004 Act , see the Mineral Resources Act , section 3A . (sec.3-ssec.2) Subject to subsections (3) to (6) , the Mineral Resources Act does not limit or otherwise affect— the power under this Act to grant or renew a lease or renew an authority to prospect over land (the overlapping land ) in the area of a mining tenement under the Mineral Resources Act ; or a lease or authority to prospect already granted under this Act over land (also the overlapping land ) in the area of an existing mining tenement. (sec.3-ssec.3) If the mining tenement is a mining lease (other than a transportation mining lease), an authorised activity for the authority to prospect or lease under this Act may be carried out on the overlapping land only if— the mining lease holder has agreed in writing to the carrying out of the activity; and a copy of the agreement has been lodged; and For other relevant provisions about lodging documents, see part 9 , division 1A . the agreement is still in force. (sec.3-ssec.4) If the mining tenement is an exploration permit, mineral development licence or transportation mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if— the mining tenement holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or carrying out the activity does not adversely affect the carrying out of an authorised activity for the tenement that has already started. (sec.3-ssec.5) If the mining tenement is an exploration permit or a mineral development licence and the overlapping land is in the area of the lease under this Act, an authorised activity for the mining tenement may be carried out on the overlapping land only if— the lessee has agreed in writing to the carrying out of the activity; and a copy of the agreement has been lodged; and the agreement is still in force. (sec.3-ssec.6) In this section— transportation mining lease means a mining lease granted under the Mineral Resources Act , section 316 . - 1 For provisions for coal seam gas, see part 6F . - 2 For the relationship between the Mineral Resources Act and the 2004 Act , see the Mineral Resources Act , section 3A . - (a) the power under this Act to grant or renew a lease or renew an authority to prospect over land (the overlapping land ) in the area of a mining tenement under the Mineral Resources Act ; or - (b) a lease or authority to prospect already granted under this Act over land (also the overlapping land ) in the area of an existing mining tenement. - (a) the mining lease holder has agreed in writing to the carrying out of the activity; and - (b) a copy of the agreement has been lodged; and Note— For other relevant provisions about lodging documents, see part 9 , division 1A . - (c) the agreement is still in force. - (a) the mining tenement holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or - (b) carrying out the activity does not adversely affect the carrying out of an authorised activity for the tenement that has already started. - (a) the lessee has agreed in writing to the carrying out of the activity; and - (b) a copy of the agreement has been lodged; and - (c) the agreement is still in force.