Mineral Resources Development Act 1995

If more than one application is received for a licence in respect of all or part of the same land, the order of priority is as follows:for applications received on different days, an application received on an earlier day has priority over an application received on a later day; for applications received on the same day, the order of priority is as determined by the Director according to the relative merits of the applications; for applications received on the same day which are determined by the Director to be of equal merit, the order of priority is as determined by a ballot conducted in an approved manner.

If a notice has been published under section 161E in relation to an exploration licence or retention licence, applications – for a licence that is to relate to both – all or part of the area of land that is specified in the notice; and a mineral, or the category of minerals, specified in the notice; and that are received up to and including 4 working days after the date specified in the notice – are to be taken to be received on the same day.

An application that has priority over any other application is to be determined without reference to any other application.

The Director is to notify an applicant – that the application of the applicant has priority over any other application; or that the application of another applicant has priority; or if the priority of an application of the applicant has altered because another application is withdrawn or refused or has lapsed under section 13.

The Registrar is to reject any application received later than 3 months after receipt of another application determined to have priority.