Particular land in a mining tenement’s area taken before the commencement
789 Particular land in a mining tenement’s area taken before the commencement
This section applies if—
land in the area of a mining tenement was taken under a resumption law before the commencement; and
at the commencement, the entity taking the land has not taken action indicating the mining tenement was extinguished (wholly or partly) when the land was taken.
Examples of action for paragraph (b)—
• serving a copy of the resumption notice for the taking of the land on the mining tenement holder (in the holder’s capacity as the holder of the tenement)
• entering into a resumption agreement under the ALA with the mining tenement holder for the taking of the land
• negotiating, or taking other action relating to, the compensation payable to the mining tenement holder for the taking of the land
• paying compensation to the mining tenement holder for the taking of the land
• arranging for the taking of the land to be recorded in the register against the mining tenement
However, this section does not apply in relation to the taking of land in the area of a mining lease for a transport infrastructure purpose.
The taking of the land did not extinguish (wholly or partly) the mining tenement or any other mining tenement interest relating to the tenement.
Subsection (3) does not affect the ending of a mining tenement interest (wholly or partly) in any other way, including, for example—
by the entity taking the land acquiring the mining tenement interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or
by the mining tenement interest holder surrendering the interest (wholly or partly) under this Act.
In this section—
transport infrastructure purpose means a purpose relating to transport infrastructure within the meaning of the Transport Infrastructure Act 1994.
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