Mining Regulation 2016

(Former clause 36 of 2010 Reg)

For the purposes of section 163A (1) of the Act, the following information must be recorded in the register of mining subleases—

details of the lease being sublet,

a description of the sublease area,

the term of the sublease, including the date of commencement and expiry,

the name of each sublessee of the sublease area,

the name of the primary lessee of the lease being sublet,

the sublease number or other identifying code for the sublease.

For the purposes of section 163A (4) (f) of the Act, the following information must accompany an application for registration—

the name and contact details of each sublessee,

the consent of each sublessor,

the date of commencement and expiry of the sublease,

the consent of any persons with a registered interest in the lease being sublet.

For the purposes of section 163A (7) of the Act, an application to register, renew or vary a sublease is exempt from the requirement to obtain the approval of the Minister under section 163A (3) of the Act if—

the sublessee is the leaseholder of an adjoining lease or sublease area, and

the total sublease area (including the area of any adjoining subleases) does not exceed 100 hectares, and

the term of the sublease does not exceed 5 years, including any consecutive sublease periods and options for extension.

For the purposes of section 163A (8) of the Act, the prescribed office of the Department at which the register of mining subleases must be kept is Maitland.