Exclusion of land from area of exploration permit if subject to other authority under Act
132 Exclusion of land from area of exploration permit if subject to other authority under Act
Where, at the time the lodgement of an application for the grant of an exploration permit is accepted, land is the subject of—
a mining claim, mineral development licence or mining lease; or
an application for a mining claim, mineral development licence or mining lease; or
a call for mining lease tenders;
that land and the surface of that land shall be taken to be excluded from the land specified in the exploration permit—
in the case of a mining claim, mineral development licence or mining lease referred to in paragraph (a)—for so long as the land remains subject thereto; and
in the case of an application referred to in paragraph (b)—
for so long as the application is not rejected or abandoned; and
if a mining claim, mineral development licence or mining lease is granted, for so long as the land remains subject thereto; and
in the case of a call for mining lease tenders referred to in paragraph (c)—until any of the following happens—
the call for mining lease tenders is terminated;
an application for a mining lease for the land made by the preferred tenderer for the call is rejected or abandoned;
if a mining lease is granted to the preferred tenderer for the call—the land stops being subject to the mining lease;
except where the Minister, in exceptional circumstances in the Minister’s absolute discretion otherwise determines.
Upon—
the termination of a mining claim or mining lease granted; or
the rejection or abandonment of an application for—
a mining claim; or
a mineral development licence; or
a mining lease; or
the termination of a call for mining lease tenders;
in respect of land within the external boundaries of the area of an exploration permit that land shall become part of the area of the exploration permit except—
to the extent that the land is the subject of a current mining claim, mineral development licence or mining lease or application for a mining claim, mineral development licence or mining lease; or
in the case of a rejection or abandonment of an application for a mineral development licence where the applicant is not the holder of the exploration permit; or
where the exploration permit provides otherwise.
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