Waiver of exploration licence holder's consent
25A Waiver of exploration licence holder's consent
This section applies if—
S. 25A(1)(a) substituted by No. 59/2010 s. 12(1).
a person applies for a prospecting licence over land that is covered by an exploration licence; and
S. 25A(1)(b) repealed by No. 59/2010 s. 12(2).
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S. 25A(1)(c) substituted by No. 59/2010 s. 12(3).
the exploration licence was first registered more than 2 years before the application was lodged; and
S. 25A(1)(d) amended by No. 59/2010 s. 12(4).
the person is unable to obtain the written consent of the holder of the exploration licence to the granting of the licence.
The person may apply to the Minister for the Minister to waive the need for the person to obtain the exploration licence holder's consent to the granting of the licence.
An application must be made in the form and manner required by the Minister.
S. 25A(4) amended by No. 59/2010 s. 12(5).
On the receipt of an application for waiver, the Minister must assess whether the granting of the prospecting licence would mean that the limit imposed by section 25(1)(c)(i) or (ii) would be exceeded.
If the Minister determines that the limit would not be exceeded, the Minister must refer the application for waiver to the mining warden for a recommendation as to whether the Minister should grant the waiver.
The mining warden must, within 30 days after receiving a referral, make a recommendation to the Minister about whether or not the Minister should grant the waiver.
The mining warden must not recommend that the Minister grant a waiver unless the mining warden is satisfied that the granting of the application for the licence—
would not be likely to significantly interfere with any work being, or proposed to be, carried out by the exploration licence holder; and
would not be unfair to the exploration licence holder; and
would not otherwise be inappropriate.
In making a recommendation, the mining warden may propose specified depth restrictions that should be applied if the licence is granted.
Before granting a waiver, the Minister must consider the recommendation made by the mining warden.
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