Land for which mining claim not to be granted
51 Land for which mining claim not to be granted
A mining claim may not be granted for land in the area of or covered by—
an existing mining claim; or
a mining lease; or
a mineral development licence; or
an earlier application for a mining claim, mineral development licence or mining lease that has not been finally decided or withdrawn; or
an exploration permit or earlier application for an exploration permit unless the applicant for the claim gives the chief executive the written consent of the holder of, or applicant for, the permit on or before the last objection day; or
a call for mining lease tenders.
However, subsection (1)(e) does not apply to land in the area of or covered by an exploration permit, or earlier application for an exploration permit, if the applicant for the mining claim is the same person as the holder of, or applicant for, the exploration permit.
A mining claim may be granted over the surface of land that is restricted land when the application for the claim was lodged only if—
each relevant owner for the restricted land consents in writing to the application; and
the applicant lodges each relevant owner’s consent with the chief executive before the last objection day ends.
A relevant owner for restricted land can not withdraw his or her consent under subsection (2) once it has been lodged with the chief executive.
In this section—
relevant owner, for restricted land, has the meaning given under the Common Provisions Act, section 69.
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