Application for mining tenement by permit holder
33 Application for mining tenement by permit holder
Subject to subsection (1a), where an application is made in accordance with this Act for a mining tenement that relates to private land notice of the application shall be given in the prescribed manner by the applicant to —
the chief executive officer of the local government; and
the owner and occupier of the private land; and
each mortgagee of the land under a mortgage endorsed or noted on the title or land register or record relating to that land,
but if there is no occupier of the land, or no such occupier can be found, the notice of the application shall be affixed in some conspicuous manner on the land.
Where the application for a mining tenement relates only to that portion of the land that is not less than 30 m below the lowest part of the natural surface of the private land, it shall not be necessary to give notice of the application to the owner or occupier or to a mortgagee of the land, but no application shall be made under section 29(5) or otherwise in respect of that portion of the land that is less than 30 m below the lowest part of the natural surface unless notice is given in accordance with subsection (1) notwithstanding the prior grant of an application for a mining tenement over any portion of the land.
Where the application relates to land to which section 29(2) or (5) applies, the applicant shall be required to establish that both the owner and the occupier have consented in writing to the grant of the mining tenement concerned but otherwise, subject to the determination of the amount of any compensation payable in accordance with section 123, a mining tenement in respect of private land may be granted in accordance with this Act.
The owner and occupier of the private land or any portion of that land and any mortgagee referred to in subsection (1)(c) are entitled to be heard in relation to any application in respect of any portion of that land and if the owner or occupier objects to the granting of the mining tenement, the warden may, if in the circumstances of the case he considers it proper so to do, and irrespective of the manner in which the application for the mining tenement is disposed of, order that the applicant pay to the objector or objectors, such sum by way of costs as the warden orders.
If a warden makes an order for the payment of costs under subsection (2), those costs are recoverable in accordance with the regulations.
Nothing in subsection (2) limits or otherwise affects the other powers conferred by this Act upon a warden.
[Section 33 amended: No. 100 of 1985 s. 24; No. 14 of 1996 s. 4; No. 39 of 2004 s. 55.]
[34. Deleted: No. 69 of 1981 s. 12.]
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