Land subject to a licence under Part 2
77S Land subject to a licence under Part 2
S. 77S(1) substituted by No. 68/2014 s. 48(1).
A person who applies for an extractive industry work authority in respect of land which is the subject of a licence under Part 2 must, on the same day that the applicant lodges the application—
send a copy of the application to any holder of a licence under Part 2 relating to the land or any part of the land to which the application applies; and
send a notice to any holder of a licence referred to in paragraph (a) seeking consent to the granting of the extractive industry work authority.
The applicant for an extractive industry work authority over land in respect of which there is a licence under Part 2 must forward to the Minister—
a copy of any consent to the granting of an extractive industry work authority that the licensee has given to the applicant; and
S. 77S(2)(b) amended by No. 68/2014 s. 48(2).
if the licence is an exploration licence, and the licensee is withholding consent to the granting of an extractive industry work authority, evidence that the applicant has given the licensee a copy of the application under subsection (1)(a) and a notice seeking consent under subsection (1)(b).
S. 77S(3) amended by No. 53/2011 s. 6(b) (as amended by No. 43/2012 s. 3(Sch. item 43)).
If land that is the subject of an application for an extractive industry work authority is also the subject of a licence under Part 2, the Minister must not grant an extractive industry work authority over the land unless—
the Minister is satisfied that the licensee has consented to the granting of an extractive industry work authority; or
if the licence is an exploration licence and the licensee is withholding consent, the Minister is satisfied that the licensee is unreasonably withholding consent.
S. 77T inserted by No. 6/2009 s. 20.
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