Mining Act 1971

Where a mineral claim lapses or is surrendered, cancelled or forfeited, no claim covering any of the area of that previous claim shall, without the authority of the Minister or the Warden's Court, be made by, or on behalf of, the person who held the previous claim or a related body corporate within 2 years of its lapse, surrender, cancellation or forfeiture.

If an application for the Minister to grant an authority under subsection (1) in relation to a mineral claim that is due to lapse is made to the Minister before the claim lapses, the Minister may (in the Minister's absolute discretion), determine that no other mineral claim covering any of the area of the claim may be made pending the Minister's decision on the application (and if the Minister decides to grant the authority then the applicant may make a new mineral claim under this Part within a period specified by the Minister (and no other claim may be made in relation to the relevant area during that period)).

A determination of the Minister under subsection (2) will have effect in accordance with its terms.