Disposal of pending applications for mining tenements
8 Disposal of pending applications for mining tenements
Where an application for a mining tenement under the repealed Act or the regulations made thereunder (not being an application in connection with section 276 of the repealed Act or an application for —
a miner’s homestead lease; or
a residential lease; or
a residence area; or
a business area; or
a garden area),
is pending on the commencing date, that application shall be disposed of as if the repealed Act had not been repealed and the applicant may in respect of that application exercise all the powers, and shall in respect of that application perform all the duties, conferred or imposed on him by the repealed Act.
Until an application referred to in subclause (1) has been finally disposed of, the land to which that application relates is not open for mining by any person other than the applicant.
Subject to clause 2(2), when a mining tenement is granted under the repealed Act by virtue of subclause (1) as a result of an application referred to in that subclause —
the mining tenement is, subject to paragraph (b), deemed for the purposes of this Schedule to have been granted under the repealed Act;
the holder of the mining tenement under the repealed Act so deemed to have been granted is entitled, before that mining tenement expires or within a period of 2 years from the date referred to in paragraph (c) whichever is the sooner, to apply for, and subject to this Act to be granted, a mining tenement under this Act of the kind and in respect of the area for which he would have been entitled to apply under this Schedule had the mining tenement under the repealed Act so deemed to have been granted in fact been granted prior to the commencing date and been in force or existence immediately before the commencing date; but
the date on which the grant under the repealed Act is deemed to have been made shall be the date on which the relevant certificate of registration is issued and the grant expires at the end of the period of 2 years from that date subject to subclause (4); and
regulation 55(15) of the regulations made under the repealed Act applies, with such modification as is necessary, to an application by the holder of a prospecting area granted under regulation 55(14) of those regulations and made under paragraph (b) of this subclause for a mining lease in respect of the land subject to that prospecting area as if that application were an application referred to in that regulation.
Notwithstanding anything in this clause, if an application under subclause (3)(b) is pending immediately before the expiry of the mining tenement held by the applicant or of the period of 2 years from the date on which that mining tenement was granted under that paragraph, as the case requires, that mining tenement continues in force, subject to the repealed Act and as though that Act had not been repealed, until that application is finally disposed of under this Act.
A person who —
has marked out a mining tenement under the repealed Act not more than 10 days; but
has not lodged an application for the mining tenement referred to in paragraph (a),
before the commencing date is for the purposes of this Act deemed, if he lodges that application not more than 10 days after the commencing date, to have lodged that application immediately before the commencing date.
An application for a miner’s homestead lease, a residential lease, a residence area, a business area or a garden area, which application was pending immediately before the commencing date, lapses on the commencing date and any fees paid in respect of that application shall be refunded to the applicant.
[Clause 8 inserted: No. 69 of 1981 s. 29; amended: No. 122 of 1982 s. 30(e); No. 100 of 1985 s. 110(d); No. 105 of 1986 s. 27; amended: Gazette 18 Dec 1981 p. 5274.]
This provision refers to the regulations (the regulations
). Made under this Act:
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