Mineral Resources Act 1989

The types of grant to which subsection (2) applies are—

mining claims;

exploration permits;

mining leases.

Except as provided in sections 63, 134A, 185 and 251, an application for a type of grant that is effectively lodged prior to another application for a different type of grant in respect of the whole or part of the same land being effectively lodged shall take priority over that other application for the purpose of the consideration of the application.

For the purposes of subsection (2), an application is effectively lodged—

in the case of an application for the grant of a mining claim or a mining lease upon the acceptance of the lodgement of the application;

in the case of an application for the grant of an exploration permit on the day next following the acceptance of the lodgement of the application.

If the chief executive is of the opinion that the circumstances of the lodgement of an application for the grant of a mining claim and an application for the grant of a mining lease made in respect of or including the same land are such that the applications should be treated as having been lodged simultaneously, the chief executive may treat the applications as having been lodged simultaneously and shall determine their respective priorities by ballot.

The chief executive shall advise all applicants when and where the ballot is to be held.

This section does not apply to EP tenders.