Mineral Resources (Sustainable Development) Act 1990

The Governor in Council 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

a prospecting licence, if the application is for a prospecting licence; or

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 Governor in Council, on the recommendation of the Minister, is satisfied that the applicant can obtain reasonable access to and use of the land.

Otherwise, the Governor in Council on the recommendation of the Minister may—

grant a licence under this section to an applicant to carry out the exploration or mining of coal on exempted land; or

refuse to grant that licence.

The Minister must not make a recommendation under subsection (2) unless the Minister has first considered any objections made under section 24 and any comments made under section 24A as applied by section 26AL(1).

Sections 25(3), 25(4) and 25(7) apply to the granting or refusal of 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; and

any reference to the Minister were a reference to the Governor in Council on the recommendation of the Minister.

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; and

any reference to the Minister were a reference to the Governor in Council on the recommendation of the Minister.

In addition, section 26(2) applies to an exploration licence or a mining licence or retention licence granted under this Subdivision (an initial licence), and any other mining licence or retention licence granted under the Act covering some or all of the land covered by the initial licence, as if after paragraph (d) there were inserted—

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.