Approval for prospecting or exploring on reserve subject of mining claim application
124 Approval for prospecting or exploring on reserve subject of mining claim application
The holder of a prospecting permit or exploration permit who makes application for the grant of a mining claim in respect of land that is a reserve and who is unable to obtain the consent of the owner to prospect or explore on that land for the purposes of obtaining information necessary to further the application may apply to the chief executive for permission to so prospect or explore upon that land.
The chief executive may reject the application or may recommend to the Minister that, subject to the views of the owner being obtained and taken into account, permission be given to the holder to prospect or explore accordingly.
Where the Minister gives the holder of a prospecting permit or exploration permit permission pursuant to subsection (2), the holder, for as long as the holder complies with any conditions imposed by the Minister, shall be deemed to have the consent of the owner of the relevant land to be on that land for prospecting or exploring purposes until the application for the grant of the mining claim is determined or the Minister otherwise determines.
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