Mineral Resources Act 1989

The holder of a mining claim may lodge an application in writing with the Minister for approval to mine specified minerals, being minerals not specified in the mining claim, in respect of the area of the mining claim.

The application shall be accompanied by the prescribed fee.

The application and any other application for the grant of a mining lease for the same minerals must be considered and decided according to the day on which they are lodged.

If the applications were lodged on the same day—

they take the priority the Minister decides, after considering the relative merits of each application; and

the chief executive must give each applicant a written notice stating there is competition for priority between the applicant’s application and another application, or other applications, lodged on the same day as the day on which the applicant’s application was lodged.

Upon the Minister approving an application under this section and compliance by the applicant with any conditions imposed by the Minister, the relevant mining claim shall be deemed to include the specified minerals and shall be subject to such additional conditions as are prescribed in respect of such mining claim or as the Minister considers appropriate.

The Minister shall not approve an application under this section that could adversely affect any conditions imposed in respect of the mining claim by the Land Court or the Governor in Council.