Later applicant must obtain consent or views of earlier applicant if same land affected
249 Later applicant must obtain consent or views of earlier applicant if same land affected
This section applies if—
a person (the earlier applicant) makes an application to the chief executive for an exploration permit, mineral development licence or mining lease over land; and
someone else (the later applicant) makes a later application to the chief executive for a mining lease for any land applied for in the earlier application.
The later applicant must obtain the earlier applicant’s written consent to the later application if the lease applied for in the later application is over land applied for in the earlier application and for—
the same minerals as the earlier application; or
a specific purpose mining lease.
The written consent may be lodged with the chief executive before—
if the earlier application is decided by the grant of the permit, licence or lease applied for—20 business days after the permit, licence or lease is granted; or
otherwise—the earlier application is decided.
The later applicant must, within the request period, give the earlier applicant a written request seeking the earlier applicant’s views if—
the earlier application is for a mining tenement mentioned in subsection (1)(a); and
the lease applied for in the later application is—
over land applied for in the earlier application; and
for different minerals to those covered by the earlier application.
The written request must—
state that the earlier applicant may, within the response period, lodge written views on the later application with the chief executive; and
include a copy of the later application, other than any part of the application detailing the later applicant’s financial and technical resources.
A later applicant to whom subsection (4) applies must lodge with the chief executive notice of the day the later applicant complied with the obligation under subsection (4).
An earlier applicant given a written request under subsection (4) may, within the response period, lodge the earlier applicant’s written views with the chief executive.
The chief executive must not deal with the later application until—
for a later application to which subsection (2) applies—the earlier applicant’s consent is lodged with the chief executive; or
for a later application to which subsection (4) applies—
the earlier applicant’s views are lodged with the chief executive; or
the end of the response period; or
for any other later application—the day the earlier application is finally decided.
In this section—
request period means a period of 10 business days starting on the day the later application is lodged.
response period means a period of 20 business days starting on the day the earlier applicant is given a notice under subsection (4).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.