Mineral Resources Act 1989

The holder of a mining claim, including a mining claim that is subject to a condition referred to in section 92, may within 12 months before the expiration of the current term of the mining claim, make application for renewal of the mining claim.

An application for renewal of a mining claim shall—

be made in the prescribed way to the Minister;

be accompanied by a work program for the activities to be carried out under the renewed mining claim;

be accompanied by the prescribed application for renewal fee.

Within 5 business days after an application for renewal of a mining claim is made, the holder must—

give copies of the application and of any documents or information prescribed by regulation to the following persons (each an interested party)—

each owner of land the subject of the mining claim;

each owner of land outside the boundary of the area of the mining claim the holder intends to use to access the area of the mining claim; and

if, in relation to the grant or renewal of the mining claim, an agreement for compensation has been made with an interested party under section 85, or the Land Court has determined the compensation for an interested party under that section—give a copy of the most recent agreement or determination to the interested party.

Subsection (5) applies for an application for renewal of a mining claim if—

if the application relates to a mining claim subject to a condition that the holder is not entitled to have the mining claim renewed—

the Minister is satisfied the mining claim should be renewed; and

if the condition was imposed by the Governor in Council—the Governor in Council consents to the renewal; and

if the condition was imposed by the Land Court—the Land Court consents to the renewal; and

the Minister is satisfied—

the holder has complied with the conditions of the mining claim; and

the holder has complied with this Act and other mining legislation applicable to the holder relating to the mining claim; and

the area of the mining claim still contains workable quantities of mineral or mineral bearing ore.

The Minister must grant a renewal of the mining claim in the name of the holder for a further term not greater than 10 years.

The grant must be subject to—

the conditions of the mining claim; and

any other conditions determined by the Minister.

Despite subsection (5), the further term of the mining claim must not be for a period longer than the period for which compensation has been agreed or determined under section 85 or 86.

Despite subsection (5), the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.

Note—If the application relates to acquired land, see also section 10AAC.

Despite subsection (5), the Minister may also refuse the renewal if—

compensation is to be determined as mentioned in section 85(1)(a) for the renewal of the mining claim; and

the compensation is not determined within 3 months after the day the current term of the claim would, apart from section 93A, end; and

an application has not been made to the Land Court as mentioned in section 85(4).

Without limiting subsection (6), the Minister may determine a condition of the renewed mining claim if the Minister considers the condition is in the public interest.

The Minister shall not reject an application for renewal of a mining claim until the Minister has, by notice in writing in the approved form served on the holder of the mining claim, called upon the holder to show cause within the time specified therein why the application should not be rejected and such cause has not been shown to the satisfaction of the Minister.

The holder of a renewed mining claim must give written notice of the claim’s renewal to the owners of the land in the area of the claim.

The notice must be given within 20 business days after the holder receives notice of the renewal.