Mining Act 1971

If—

a change included in a proposal under this Division relates to extractive minerals; and

the relevant mineral tenement has not previously applied in relation to extractive minerals; and

the extractive minerals are on land granted in fee simple or land in respect of which native title conferring a right to exclusive possession of land exists, the Minister must not approve the change except with the written consent of the owner of the land.

Consent given by an owner of land under subsection (1) is binding on all subsequent owners of the land.

Subsection (1) does not apply if the purpose of the change is to vary the terms or conditions of the mineral tenement so as to make provision for the management and use of extractive minerals produced during the course of carrying out authorised operations under the tenement.

In addition, the Minister must not approve a change included in a proposal under this Division unless satisfied—

in the case of a mining lease—that the change will not adversely affect the ability of the tenement holder to ensure that land comprised in the tenement can be effectively and efficiently mined;

that appropriate environmental outcomes will be able to be achieved; and

that the change will not adversely affect the ability of the tenement holder to comply with the other requirements of this