Application may be made for approval to remove plant
229 Application may be made for approval to remove plant
This section applies to plant that vests in the State on the termination of a mineral development licence.
Anyone who had an interest in the plant immediately before its ownership vested in the State may apply in writing to the Minister for permission to remove the plant from the land.
The application—
must be made within 20 business days after the plant vests in the State (or a longer period, of not more than 3 months, allowed by the Minister); and
may be made even though a subsequent grant of a mining claim, exploration permit, mineral development licence or mining lease has been made over the land.
The Minister may approve or refuse to approve the application.
However, the Minister must approve the application if the Minister is satisfied—
the person was entitled to the plant immediately before it vested in the State; and
there is enough security held for the terminated mineral development licence to meet the costs for which it was deposited.
Note—For the provision of security, see section 190.
An approval may be given on conditions stated in it.
If the application is approved, the person named in the approval may enter the land and remove the plant (other than any covers, fencing, casings, linings, timbering or other things securing the safety of the land) stated in the application before the time stated in the approval ends.
Anything lawfully removed under subsection (7) divests from the State and vests in the person entitled to it immediately before the termination of the mineral development licence.
In this section, plant has the meaning given in section 228(3).
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