Mining Act 1978

This section applies to a miscellaneous licence that is —

in force on the commencement; or

granted on or after the commencement in respect of an application made under section 91 before the commencement.

Subject to this Act, a licence to which this section applies remains in force for —

a period of 5 years from the day on which it is or was granted; or

in the case of a licence referred to in subsection (1)(a) that was renewed before the commencement, the period for which it was so renewed.

Notwithstanding subsection (2), on receipt of an application made in the prescribed manner during the final year of the term of the licence, the Minister —

may renew the term of the licence as to the whole or any part of the land the subject of the licence —

for one further period not exceeding 5 years; and

on such terms and conditions as the Minister thinks fit;

shall, in the case of a licence renewed under paragraph (a), renew or further renew the term of the licence as to the whole of the land the subject of the licence —

for a period that is the same as the period for which the licence was renewed under paragraph (a); and

on the terms and conditions to which the licence was subject before its renewal.

If an application for renewal is made under this section and the term of the licence would but for this subsection expire, the licence continues in force in respect of the land the subject of the application until the application is determined.

If the holder of a licence to which this section applies transfers the licence after making an application for renewal under this section, the application continues in the name of the transferee of the licence as if the transferee had made it.

In this section and section 91B —