Mining licensees and others may apply for retention licence in certain cases
3 Mining licensees and others may apply for retention licence in certain cases
This clause applies to—
a holder of a mining licence who wishes to apply for a retention licence over land that is covered by the mining licence; or
an applicant for a mining licence who wishes to apply for a retention licence over land that is covered by the application for the mining licence; or
a person who—
wishes to apply for a retention licence over land that is covered by a mining licence or that is the subject of an application for a mining licence; and
has the consent of the holder of that mining licence or the applicant for that mining licence to apply for the retention licence.
Despite anything to the contrary in Part 2, a person to whom this clause applies may apply for the retention licence (the retention licence application) within 12 months after the commencement of section 7 of the amending Act.
A retention licence application is not required to include a mineralisation report at the time the retention licence application is made.
However, a mineralisation report must be provided to the Minister within 12 months after the retention licence application is made.
Despite anything to the contrary in this Act, the Minister—
cannot make a decision on the retention licence application until the Minister receives a mineralisation report under subclause (4); and
may refuse the retention licence application if the Minister is not provided with a mineralisation report within the time specified under subclause (4).
On the taking of effect of a retention licence that is granted on a retention licence application—
the land to which the retention licence application relates is taken to be covered by that retention licence, if the land does not constitute the whole of the land covered by the mining licence or the application for the mining licence;
the mining licence is taken to be cancelled if the land to which the retention licence application relates constitutes the whole of the land covered by the mining licence;
the application for the mining licence is taken to be ineffective if the land to which the retention licence application relates constitutes the whole of the land covered by the application for the mining licence—
as the case requires.
Subclauses (6)(a) and (6)(b) apply despite anything to the contrary in the mining licence.
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