Continuation of certain temporary reserves and rights of occupancy
1 Continuation of certain temporary reserves and rights of occupancy
Any land that is temporarily reserved from occupation under the repealed Act immediately before the commencing date shall continue to be so reserved on and after that date until the reservation of the land or portion thereof is cancelled by the Minister by instrument in writing under his hand, and while the land is so reserved (whether or not any authority to occupy, or right of occupancy of, the land granted under the repealed Act and in force in relation to the land immediately before the commencing date is in force by virtue of subclause (2)) a mining tenement shall not be granted under this Act in respect of the land without the consent in writing of the Minister.
Any authority to occupy or right of occupancy of any land to which subclause (1) refers granted pursuant to the repealed Act and in force in relation to such land immediately before the commencing date, shall continue, subject to the terms and conditions upon which the authority or right was granted, to be in force on and after that date until —
the date on which such authority or right would have expired under the terms and conditions upon which it was granted; or
6 months after the commencing date,
whichever date is the later.
At any time before an authority to occupy or right of occupancy expires as provided in subclause (2) the holder thereof may, if he has not then failed to comply with the terms and conditions upon which the authority or right was granted, mark out in accordance with this Act, and/or make application to the Minister for, a prospecting licence or exploration licence over the land or any portion thereof to which the authority or right relates.
Notwithstanding anything in this Act, the Minister shall, on receiving an application made under subclause (3) or (5) and on being satisfied that the applicant has complied with the terms and conditions referred to in subclause (3), grant that application on such terms and conditions as he thinks fit.
An application for the renewal of an authority to occupy or right of occupancy of any land —
to which subclause (1) refers; and
which expired before the commencing date,
which application was pending immediately before the commencing date, shall be dealt with as if the repealed Act had not been repealed and the holder of any such authority to occupy or right of occupancy renewed as a result of that application may while that renewed authority or right is in force mark out in accordance with this Act the land the subject of that renewed authority or right, or apply to the Minister for a prospecting licence or exploration licence, or both so mark out and apply, in respect of the whole or part of the land to which that renewed authority or right relates.
Section 105A does not apply and never has applied to an application for a mining tenement under this Act in respect of any land —
which continues or continued to be temporarily reserved from occupation by virtue of subclause (1); and
in respect of which no authority to occupy or right of occupancy is or was in force,
at the time when that application is or was made.
[Clause 1 inserted: No. 69 of 1981 s. 29; amended: No. 122 of 1982 s. 30(a).]
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