Continuation of certain licences
7 Continuation of certain licences
A licence which was —
granted under section 112 of the repealed Act, conferring the right to remove tailings or other mining material from, or to treat the same upon, any land; and
in force immediately before the commencing date,
remains in force, and may, subject to subclause (2), be renewed from time to time under the repealed Act as if that Act had not been repealed.
An application for the renewal under subclause (1) of a licence shall be made to the Minister and the Minister may —
subject to paragraph (b), exercise in relation to that application the powers conferred on the Governor by the repealed Act in relation to applications for the renewal of licences; and
in the case of such an application —
which is made after the expiry of the licence to which that application relates; and
in respect of which the Minister considers that there are special circumstances justifying renewal,
renew the licence to which that application relates with effect from the expiry of that licence.
An application for a licence or for the renewal of such a licence, which application was pending immediately before the commencing date, shall be disposed of, notwithstanding anything in subclause (2), as if the repealed Act had not been repealed.
Notwithstanding that any application for the renewal under the repealed Act as read with this clause of a licence under section 112 of that Act may have referred only to a licence to treat tailings, a licence so renewed which purported to grant by way of renewal under this clause any one or more of the following rights —
to treat tailings upon the land; or
to remove, and treat, tailings from the land; or
to treat any other mining material upon the land; or
to remove, and treat, other mining material from the land,
shall be taken to confer, and always to have conferred, a right of that kind according to its tenor.
Where a licence granted under section 112 of the repealed Act expires, any tailings or other mining material left upon the land or any part of the land in respect of which the licence was granted become or becomes the property of the Crown —
if an application for the renewal of the licence is not made within a period of 3 months from the expiry of the licence, at the expiration of that period; or
if an application for the renewal of the licence is made within the period referred to in paragraph (a) but is subsequently refused by the Minister, at the expiration of a period of 3 months from that refusal.
[Clause 7 inserted: No. 69 of 1981 s. 29; amended: No. 122 of 1982 s. 30(d); No. 37 of 1993 s. 25; amended: Gazette 20 Nov 1987 p. 4239.]
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