Mineral Resources Act 1989

This section applies if—

the chief executive accepts lodgement of an application for a mineral development licence for particular land; and

all or some of the land applied for in the accepted application is—

in the area of an existing mining claim or mining lease; or

land applied for in an earlier application for a mining claim or mining lease; or

the subject of a call for mining lease tenders.

Land mentioned in subsection (1)(b) that is within the boundaries of the land applied for in the accepted application, and its surface, (excluded land) is taken to be excluded from the area of a mineral development licence granted for the land applied for in the accepted application.

However, the land is excluded land—

if subsection (1)(b)(i) applies—only while it is in the area of an existing mining claim or mining lease; or

if subsection (1)(b)(ii) applies—

until the earlier application is abandoned or rejected; or

while it is in the area of a mining claim or mining lease granted on the earlier application; or

if subsection (1)(b)(iii) applies—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 in the area of the mining lease.

If excluded land within the boundaries of the area of the mineral development licence ceases to be excluded land, it is taken to be included in the area of the mineral development licence unless the mineral development licence provides otherwise.