Mining Act 1992

Any associated application lodged or made under this Act or the Planning Act before the cancellation date that was not finally disposed of before the cancellation date is, on the cancellation date, void and of no effect.

Accordingly, any such associated application is not to be dealt with any further under this Act or the Planning Act.

In this clause, associated application means—

any application under this Act for the grant of an authorisation, or for the renewal or transfer of an authorisation, made—

in connection with a relevant licence, or

in respect of relevant land by any person other than an excluded person, or

a Part 3A project or concept plan application (within the meaning of Schedule 6A to the Planning Act) made by Mount Penny Coal Pty Ltd (reference number MP 10_0234), or

any application under the Planning Act for consent or approval to carry out development on relevant land for any of the following purposes made by any person other than an excluded person—

mining,

prospecting.

An application for environmental assessment requirements made by NuCoal Resources Ltd under Part 2 of Schedule 2 to the Environmental Planning and Assessment Regulation 2000 before the cancellation date (reference number SSD 5177) is, on the cancellation date, void and of no effect.

Any environmental assessment requirements that have been notified by the Secretary (within the meaning of the Planning Act) as a consequence of an application made void by this clause are, on the cancellation date, void and of no effect.

On the cancellation date, the Mount Penny Coal Project, being the project of that name that was, before the cancellation date, a transitional Part 3A project, ceases to be a transitional Part 3A project.

To avoid doubt, mining and prospecting have the meanings given by this Act.

In this clause—

environmental assessment requirements has the meaning given by Schedule 2 to the Environmental Planning and Assessment Regulation 2000.

excluded person means a person who is the holder of an authorisation in relation to relevant land that is in force (other than a relevant licence).

transitional Part 3A project has the same meaning as in Schedule 6A to the Planning Act.