Mineral Resources Act 1989

The holder of a mining lease may, at any time during the term of the mining lease, lodge an application with the chief executive for the Minister’s approval for the surface of restricted land for the mining lease to be included in the mining lease.

The Minister may grant an application to include the surface of restricted land for the mining lease in the mining lease only if—

each relevant owner of the restricted land has given written consent to the application; and

the applicant has lodged each consent with the chief executive; and

there is an agreement about compensation, or a decision of the Land Court on compensation, with each relevant owner of the restricted land (other than an owner who is the applicant) for the inclusion of the surface of the land in the mining lease.

An application under subsection (1) must be accompanied by the fee prescribed by regulation.

A relevant owner of restricted land can not withdraw a consent under subsection (2)(a) once it has been lodged with the chief executive.

If the application is granted—

the mining lease must be amended to give effect to the approval and the conditions stated in it; and

the chief executive must record in the register details about the approval.

To remove any doubt, it is declared that an application under this section to include the surface of restricted land for a mining lease in the mining lease is not an application for the grant of a mining lease under section 245.