Mining Act 1992

This clause applies to an affected mineral claim (a current affected mineral claim) that, immediately before the commencement, was purportedly in force.

Example—

An affected mineral claim was granted and renewed during the relevant period. The term of the last purported renewal of the affected mineral claim was still in force immediately before 14 February 2023. The affected mineral claim is a current affected mineral claim.

Despite the failure to comply with section 266(4), the current affected mineral claim—

is taken to be, and always to have been, valid, and

continues to be valid and in force until the prescribed date.

Without limiting subclause (2)—

a purported grant, renewal, variation or transfer of the current affected mineral claim during the relevant period is taken to be, and always to have been, valid, and

a condition to which the current affected mineral claim was purportedly subject from time to time is taken to be, and always to have been, valid during the relevant period and to continue to be valid until the prescribed date, including any variation or enforcement of the condition, and

an approval or authorisation issued by the Secretary under a condition of the current affected mineral claim is taken to be, and always to have been, valid during the relevant period and to continue to be valid until the prescribed date, including any enforcement of the approval or authorisation, and

the use of land in accordance with the current affected mineral claim is taken to be, and always to have been, valid during the relevant period and to continue to be valid until the prescribed date, and

the exercise of any other right in accordance with the current affected mineral claim is taken to be, and always to have been, valid during the relevant period and to continue to be valid until the prescribed date.