Mining Act 1992

This clause applies if—

an affected mineral claim was purportedly subject to a condition in relation to the rehabilitation of disturbed land or water, or

an affected mineral claim was purportedly subject to another condition, or

the holder of an affected mineral claim or another person entered land and exercised rights in accordance with the mineral claim.

For subclause (1), until the relevant date for the affected mineral claim—

the affected mineral claim is taken to be, and always to have been, subject to the condition as if the affected mineral claim had been validly granted, renewed or transferred, and

the holder of the affected mineral claim or other person is taken to have, and always to have had, the power to enter the land and exercise rights in accordance with the mineral claim as if the affected mineral claim had been validly granted, renewed or transferred.

Without limiting subclause (2)(b), a condition to which the affected mineral claim is subject may be enforced on and after the commencement.

In this clause—

relevant date means—

for a current affected mineral claim—the prescribed date, or

for an expired affected mineral claim—the date the mineral claim ceased to have effect or was cancelled.