Surrender of certain areas subject to exploration licence
65 Surrender of certain areas subject to exploration licence
In this section —
end day, in relation to an exploration licence, means —
the day (the anniversary day) that is 6 years after the day on which the licence was granted; or
if, on the anniversary day, an application for retention status under section 69A in respect of the whole or part of the land the subject of the licence has been made but not determined, the day on which that application is determined;
surrender day, in relation to a surrender, means —
if the surrender is lodged under subsection (3), the end day; or
[(b) deleted]
if the surrender is lodged in compliance with a requirement under subsection (4), the day on which the surrender is registered.
This section applies in relation to an exploration licence if —
the term of the licence has been extended under section 61; or
an application under section 61 for the extension of the term of the licence has been made but has not been determined.
On or before the end day the holder of an exploration licence granted in respect of more than 10 blocks must lodge a surrender for registration in respect of —
40% of the number of the blocks that are subject to the licence; or
if 40% of that number is not a whole number, the nearest whole number of the blocks.
Subsection (3) does not apply to the holder of an exploration licence for which retention status has been approved under section 69B(1).
If the holder of an exploration licence fails to lodge a surrender in accordance with subsection (3), the Minister must, by notice in writing, require the holder to lodge the surrender for registration within a period specified in the notice.
A surrender under this section takes effect on the surrender day.
The blocks that remain subject to an exploration licence after a surrender under this section are to form not more than 6 discrete areas each consisting of —
a single graticular section; or
a number of graticular sections each having a side in common with at least one other graticular section in that area.
If, before the surrender day, the holder of an exploration licence —
is granted a mining lease or general purpose lease in respect of a part of the land the subject of the exploration licence (the granted land); or
surrenders a part of the land the subject of the exploration licence (the surrendered land),
then, in calculating the area of land that is required to be surrendered under this section, the area of granted land or surrendered land shall be taken into account as though it were an area of land surrendered in satisfaction of that requirement.
A surrender under this section shall be endorsed on the public plans of the Department —
at the office of the Department at Perth; and
at the office of the mining registrar for the mineral field or district thereof in which the land is situate.
Notwithstanding that a surrender has taken effect under this section any land the subject of the surrender shall not be —
marked out in connection with a mining tenement unless and until notification has been given in the prescribed manner of the proposed endorsement of plans for the purposes of paragraph (b); or
included in an application for a mining tenement unless and until the plans referred to in subsection (5) have been endorsed in the prescribed manner.
[Section 65 amended: No. 69 of 1981 s. 20; No. 100 of 1985 s. 45; No. 12 of 1987 s. 5; No. 22 of 1990 s. 19; No. 57 of 1997 s. 89(2); No. 15 of 2002 s. 12; No. 39 of 2004 s. 16; No. 27 of 2005 s. 9; No. 51 of 2012 s. 20.]
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