Applicant must obtain consent or views of existing authority holders
248 Applicant must obtain consent or views of existing authority holders
This section applies if a person applies for a mining lease over land in the area of an existing exploration permit, mineral development licence or mining lease (the existing authority) held by someone else.
The applicant must obtain the existing authority holder’s written consent to the application if the lease applied for is for the area of, or land within the area of, the existing authority and for—
the same minerals as the existing authority; or
a specific purpose mining lease.
The applicant must obtain the existing authority holder’s written views on the application if the lease applied for is for different minerals to those covered by the existing authority.
If the existing authority holder’s consent required under subsection (2) is not lodged with the chief executive before the last objection day for the application ends, the mining lease can not be granted.
However, for a lease mentioned in subsection (2)(b), subsection (4) is subject to section 271AB.
If the existing authority holder’s views required under subsection (3) are not lodged with the chief executive before the last objection day for the application ends, the applicant must lodge with the chief executive before the last objection day ends a statutory declaration stating why the applicant can not obtain the views.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.