Application for grant of mining claim
61 Application for grant of mining claim
An application for the grant of a mining claim must—
be in the approved form; and
specify the name of each applicant; and
specify the name and address for service of 1 person upon whom any notice may be served on behalf of the applicant or the applicants; and
describe all parcels of land the whole or part of which are the subject of the application and specify the names and addresses of the owner or owners of the land and of land which is to be used as access thereto; and
define the boundary of the area of the proposed mining claim; and
Note—
Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement.
define the boundary of any area of land outside the area of the proposed mining claim intended to be used to access the proposed claim area; and
be accompanied by a visual representation of the boundaries and land mentioned in paragraphs (e) and (f); and
identify the mineral or minerals in respect of which the mining claim is sought; and
be lodged; and
be accompanied by each of the following—
proof to the satisfaction of the chief executive of the identity of the applicant;
such additional copies of the application and other documents lodged therewith as the chief executive requires;
the prescribed application fee;
a work program for the activities to be carried out under the mining claim;
if the application is for a mining claim for which the Minister is to decide an area under section 53—information about the matters mentioned in section 53(2A) for the mining claim.
A person who lodges an application for the grant of a mining claim must provide the chief executive with such information and particulars relating to the requirements set out in subsection (1) as the chief executive requires and on failure to provide that information the chief executive may reject the application.
The chief executive may reject an application for a mining claim in respect of land the whole or part of which appears, on the evidence available to the chief executive, to be the subject of a mining claim, mineral development licence or mining lease or of an application for the grant of a mining claim, mineral development licence or mining lease.
For the purposes of subsection (3) where a mining claim, mineral development licence or mining lease is terminated or an application for a mining claim, mineral development licence or mining lease is abandoned or rejected, the relevant land shall be deemed to continue to be subject to the mining claim, mineral development licence, mining lease or application until the day next following that termination, abandonment or rejection.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.