Mining Act 1992

This clause applies if, before the commencement, a person purported to transfer a current affected mineral claim to another person (the transferee).

From the commencement—

for a current 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 a current 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 a current 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 (2)(a)–(c), the applicant for the application taken to be made on the commencement is taken to be the person who first purportedly transferred the current affected mineral claim.

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

The Secretary must, despite any other provision of this Act, refuse an application for a mineral claim over land subject to a current affected mineral claim if the applicant purported to transfer the current affected mineral claim to another person during the relevant period, including an application taken to be made under subclause (2).

From the commencement, the current transferee has the sole right during the prescribed period to apply for a mineral claim over land subject to the current affected mineral claim.

An application referred to in subclause (6) must be determined in accordance with this Act as in force on the date the determination is made.

In determining an application referred to in subclause (6), 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 be rejected by the Secretary.

Also, in determining an application referred to in subclause (6), 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 (6), in granting an application made under that subclause, a condition may be imposed or varied in accordance with this Act.

In this clause—

prescribed period means the period—

starting on the commencement, and

ending on 22 November 2023.