Mining Act 1978

Subject to this Act, the Minister may, on the application of the holder of a primary tenement, after receiving a recommendation of the mining registrar or the warden in accordance with section 70D, grant to that person a licence to be known as a retention licence in respect of the whole or any part of the land the subject of the primary tenement on such terms and conditions as the Minister considers reasonable.

The holder of a primary tenement may be granted more than one retention licence.

Where the applicant for a retention licence is the holder of 2 or more primary tenements, a retention licence may be granted in respect of the whole or any part of the land within the boundaries of those tenements.

The land in respect of which a retention licence is granted —

shall be of an area that, in the opinion of the Minister, is sufficient to include —

the land in, on or under which an identified mineral resource is located; and

such other land as may be required for future mining operations in respect of that identified mineral resource;

may be of an area that is less than the area of land in respect of which the retention licence is sought.