Mining Act 1992

From the commencement—

for an affected mineral claim that was purportedly granted during the relevant period, whether or not purportedly renewed during the relevant period—the application for the grant of the affected mineral claim is taken to be an application for the grant of the mineral claim made on the commencement, and

for an affected mineral claim that was granted before the relevant period and purportedly renewed only once during the relevant period—the application for the renewal of the affected mineral claim during the relevant period is taken to be an application for the renewal of the mineral claim made on the commencement, and

for an affected mineral claim that was granted before the relevant period and purportedly renewed more than once during the relevant period—the application for the first renewal of the affected mineral claim during the relevant period is taken to be an application for the renewal of the mineral claim made on the commencement.

For subclause (1)(a)–(c), the applicant for the application taken to be made on the commencement is taken to be—

the person who made the application for the relevant grant or renewal during the relevant period, or

if a person is recorded as the holder of the mineral claim under section 202 before the prescribed date, that person.

To avoid doubt, sections 178(2) and 197(2) do not apply to an application taken to be made under subclause (1).

An application taken to be made under subclause (1) must be determined in accordance with this Act as in force on the date the determination is made.

In determining an application taken to be made under subclause (1), the Secretary may, by written notice given to the applicant, require the applicant to give the Secretary, by the date stated in the notice, additional information reasonably required to decide the application.

If the applicant does not give the additional information as required by the notice, including by the date stated in the notice, the application may, despite subclause (1), be rejected by the Secretary.

Also, in determining an application taken to be made under subclause (1), the Secretary may be satisfied the applicant has complied with section 266(4)(a) if the applicant or a previous holder of the affected mineral claim paid the standard compensation payable when—

the affected mineral claim was last purportedly granted or renewed before the commencement, or

the application is determined by the Secretary.

Example—

If the standard compensation payable when an application is determined is more than the standard compensation payable when the claim was last purportedly granted or renewed, the Secretary may require the applicant to pay the difference.

Without limiting subclause (4), in granting an application taken to be made under subclause (1), a condition may be imposed or varied in accordance with this Act.

If an application for a mineral claim taken to be made under subclause (1) is granted or renewed, the mineral claim has exclusive effect from the date on which it is granted or renewed.

If an application for a mineral claim taken to be made under subclause (1) is refused or withdrawn, the applicant has no rights under the affected mineral claim from the prescribed date.

This clause does not apply to—

a current affected mineral claim that has purportedly been transferred or to the purported transfer of the current affected mineral claim, or

Note—

See clause 200, which provides for how affected mineral claims must be dealt with if transferred before the commencement.

an expired affected mineral claim.

Note—

See clause 201, which provides for how expired affected mineral claims must be dealt with.