The fact that land falls within Restricted Area 1 under the Mineral Resources Regulation 1990 supports a conclusion that the land is probably mineralised for the purposes of s 269(4)(b) of the Mineral Resources Act 1989, but does not create a presumption or relieve an applicant of the need to adduce evidence of mineralisation. Economic viability is not a separate statutory requirement but is relevant to the assessment under s 269(4)(c) of whether there will be an acceptable level of development and utilisation. A tribunal may adopt factual findings from its own prior decisions under s 268(2).
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