Mining Act 1992

The Governor may, by order published in the Gazette, constitute any land as a reserve and may, by the same or a subsequent order so published, name the reserve and fix its boundaries.

The Governor may, by an order under this section, give any one or more of the following directions—

that no exploration licence is to be granted over land in the reserve,

that no assessment lease is to be granted over land in the reserve,

that no mining lease is to be granted over land in the reserve,

that no mineral claim is to be granted over land in the reserve.

In an order constituting land as a reserve, the Governor may stipulate that the reserve is to extend only to the surface of the land, to the surface of the land and the subsoil below the surface, to the surface of the land and the subsoil to a specified depth below the surface, or to the subsoil below or between any specified depth or depths below the surface of the land.

If—

an application for an exploration licence is made or pending in respect of land that is the subject of a direction under subsection (2) (a), or

an application for an assessment lease is made or pending in respect of land that is the subject of a direction under subsection (2) (b), or

an application for a mining lease is made or pending in respect of land that is the subject of a direction under subsection (2) (c), or

an application for a mineral claim is made or pending in respect of land that is the subject of a direction under subsection (2) (d),

the application is a nullity to the extent to which it is made in respect of the land the subject of the direction, but, if the application is also made in respect of other land, the application is taken to have been made in respect of that other land.