Mining Act 1992

Any condition to which an exploration licence was subject immediately before the commencement of section 23A, as inserted by the 2015 amending Act, that requires approval to carry out operations and that is identified in the licence using 1 of the following phrases is void—

Category 1 prospecting operations,

Category 2 prospecting operations,

Category 3 prospecting operations,

assessable prospecting operations.

However, an approval granted pursuant to a condition referred to in subclause (1) that was in force immediately before the commencement of this clause is taken to be an activity approval granted under section 23A and can be varied or voluntarily cancelled accordingly.

Each of the conditions of such an approval is taken to be a term of that activity approval and can be varied accordingly.

An application for approval to carry out prospecting operations made in compliance with a condition referred to in subclause (1), being an application that had not been dealt with before the commencement of section 23A (as inserted by the 2015 amending Act), is to be dealt with in accordance with section 23A, as if it had been made under that section.

Any condition to which an assessment lease was subject immediately before the commencement of section 44A, as inserted by the 2015 amending Act, that requires approval to carry out operations and that is identified in the licence using 1 of the following phrases is void—

Category 1 prospecting operations,

Category 2 prospecting operations,

Category 3 prospecting operations,

assessable prospecting operations.

However, an approval granted pursuant to a condition referred to in subclause (4) that was in force immediately before the commencement of this clause is taken to be an activity approval granted under section 44A and can be varied or voluntarily cancelled accordingly.

Each of the conditions of such an approval is taken to be a term of that activity approval and can be varied accordingly.

An application for approval to carry out prospecting operations made in compliance with a condition referred to in subclause (4), being an application that had not been dealt with before the commencement of section 44A (as inserted by the 2015 amending Act), is to be dealt with in accordance with section 44A, as if it had been made under that section.

For the avoidance of doubt, compliance with section 23A or 44A is required in respect of any assessable prospecting operation (within the meaning of the section concerned) carried out after the commencement of the section, even if it began before the commencement of the section.