Mineral Resources Act 1989

The decision-maker for an application for a new mining tenement may, under a grant provision, grant a new mining tenement for an area that includes acquired land only if the decision-maker, after consulting the entity that took the land, is satisfied the grant of the tenement is compatible with the purpose for which the land is being or is to be used.

If there are 2 or more applications under this Act for the grant, under a grant provision, of a new mining tenement for an area that includes the same acquired land, the applications are to be dealt with as follows—

the applications 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 decision-maker 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.

If a grant provision provides for the grant of a new mining tenement (the new tenement) over land in the area of an existing mining tenement (the existing tenement)—

the application under this Act for the new tenement may include acquired land that was, immediately before the taking of the land, in the existing tenement’s area; and

subject to subsections (1) and (2), the decision-maker for the application may grant a new tenement for an area that includes the acquired land as if the acquired land were in the existing tenement’s area.

To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new mining tenement other than to the extent provided for in subsections (1) to (3).

In this section—