Mining Act 1992

On the commencement of this clause, an assessment lease that is on foot 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section or unit referred to in section 370 is used to specify the area) determined in accordance with section 371 as repealed and re-enacted by the amending Act.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 assessment lease that is on foot 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 4 or of any other Act or law, the grant of an assessment lease is prohibited,

that land is excluded from the area.

On application made in writing, within 90 days after the commencement of this clause, by the holder of an assessment lease 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 lease so as to restore the whole or a specified part of the land excluded.

An order may be made under subclause (3) even though the land restored would, but for the order, have been subject to another assessment lease.

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.