Mining Act 1978

The Minister may —

by notice served on the mining registrar or the warden, as the case requires, terminate an application for a mining tenement before the mining registrar or the warden has determined, or made a recommendation in respect of, the application; or

refuse an application for a mining tenement,

the Minister is satisfied on reasonable grounds in the public interest that —

the land should not be disturbed; or

the application should not be granted;

a person who in relation to the land was formerly the lessee of a mining lease the term of which has expired, or is a person deriving title through such a former lessee, has subsequently made a late renewal application and the Minister, being satisfied that the requirements of that expired mining lease and of this Act in relation to that lease had been substantially observed (other than as to the timing of an application for renewal) and that the person has continued to observe those requirements as if the term of the lease had not expired, determines that the renewal application should be approved and grants that renewal.

In subsection (1)(d) late renewal application means an application made in the manner prescribed for the purposes of section 78 (except that it was not made during the final year of the term of the lease) for the renewal of the lease with effect from the expiry of the term of the lease.

Notwithstanding anything in this Act, an application to which a notice referred to in subsection (1)(a) applies ceases to have any effect for the purposes of this Act when that notice is served.

The powers conferred by subsection (1) are in addition to any other powers of the Minister under this Act.

Subject to subsection (2), every prospecting licence and exploration licence is subject to a reservation in favour of the Crown and any person authorised thereby of the right to enter thereon and remove therefrom any rock, stone, clay, sand or gravel for use for any public purpose or for use in any prescribed work or undertaking.

A prospecting licence or exploration licence granted —

wholly in respect of private land is not subject to the reservation referred to in subsection (1); or

partly in respect of any private land and partly in respect of land other than private land is not subject to the reservation referred to in subsection (1) in relation to that private land; or

wholly in respect of Commonwealth land is not subject to the reservation referred to in subsection (1); or

partly in respect of any Commonwealth land and partly in respect of land other than Commonwealth land is not subject to the reservation referred to in subsection (1) in relation to that Commonwealth land.