Grant or refusal of licence
26AF Grant or refusal of licence
The Minister must not grant a licence over land—
that is exempted under section 6 of this Act or under any other Act from being subject to—
an exploration licence, if the application is for an exploration licence; or
a mining licence, if the application is for a mining licence; or
S. 26AF(1)(a)(iii) inserted by No. 68/2014 s. 28(2).
a prospecting licence, if the application is for a prospecting licence; or
S. 26AF(1)(a)(iv) inserted by No. 68/2014 s. 28(2).
a retention licence, if the application is for a retention licence; or
that is subject to a current minerals exemption; or
that is limited to a particular stratum unless the Minister is satisfied that the applicant can obtain reasonable access to and use of the land.
S. 26AF(2) amended by No. 32/2019 s. 58.
Otherwise, the Minister may grant or refuse a licence after considering any objections made under section 24 and any comments made under section 24A as applied by section 26AE.
Sections 25(3), 25(4) and 25(7) apply to the granting of a licence under this Subdivision as if the decision to grant or refuse to grant the licence were made under Division 2.
S. 26AF(4) amended by No. 68/2014 s. 28(3)(4).
Sections 26(1), 26(2), 26(4), 26(4A), 26(5), 26(7) and 26(8) apply to a licence granted under this Subdivision as if the licence were granted under Division 2.
S. 26AF(5) inserted by No. 74/2010 s. 28(3).
For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence granted under this section is declared not to be personal property.
S. 26AG inserted by No. 63/2006 s. 12.
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