Mining Act 1992

On the commencement of this clause, an exploration licence that is in force applies to an area of land (in so far as a graticular section or unit referred to in section 370 is used to specify the area) determined in accordance with section 371 as repealed and re-enacted by the amending Act.

To the extent that, by the operation of subclause (1), the area to which an exploration licence in force on the commencement of this clause applies would include—

land outside New South Wales, or

land the subject of an authority or a mineral claim, or

land the subject of an application for an authority or a mineral claim that was made before the commencement of this clause, or

any other land over which, according to the provisions of Part 3 or of any other Act or law, the grant of an exploration licence is prohibited,

that land is excluded from the area.

Land that, by operation of subclause (2), is excluded from the area to which an exploration licence applies because it is the subject of an authority or a mineral claim becomes subject to the exploration licence—

if the authority or mineral claim ceases to have effect in relation to that land, and

if, when it does so, the land is not then subject to a further authority or mineral claim.

Land that, by operation of subclause (2), is excluded from the area to which an exploration licence applies because it is subject to a pending application for an authority or a mineral claim becomes subject to the exploration licence—

if the application is subsequently refused or withdrawn, or

if, when the authority or a mineral claim is granted, the land does not become subject to the authority or claim.

On application made in writing, within 90 days after the commencement of this clause, by the holder of an exploration licence applying to an area from which any land has been excluded by the operation of subclause (1), the Minister, on being satisfied that, before the commencement of this clause, significant evidence of valuable mineral deposits existed in relation to the excluded land, may by order amend the licence so as to restore the whole or a specified part of the land excluded.

An order may be made under subclause (5) even though the land restored would, but for the order, have been subject to another exploration licence.

A person dissatisfied with the decision of the Minister on an application under this clause may appeal to the Land and Environment Court. In determining the appeal, the Court has all the functions of the Minister under this clause.

No compensation is payable to any person for loss or damage arising from the operation of this clause.