Application for restoration of mining tenement after forfeiture
97A Application for restoration of mining tenement after forfeiture
Subject to subsection (2), where a mining tenement is forfeited under or by virtue of section 96, 96A or 97 a person who was, immediately prior to the forfeiture, the holder of the tenement concerned may apply for the mining tenement to be restored to the person and the forfeiture cancelled.
Where the forfeiture was occasioned by non‑compliance by the holder with an expenditure condition applicable to the tenement and results from an application made by a person, not being a person acting on behalf of the Department, subsection (1) does not apply.
An application under subsection (1) —
shall be in the prescribed form and made within the prescribed time; and
shall be lodged in the prescribed manner; and
shall be accompanied by the prescribed application fee,
and the applicant shall at the request of the warden furnish such other information, or such evidence in support thereof, as the warden may require but the warden shall not require information or evidence relating to assays or other results of any testing, sampling or other mining operations that the applicant may have carried out on the land the subject of the application.
Within 14 days after the lodging of such an application under subsection (1), the applicant shall serve such notice of the application as may be prescribed on any person who has since the forfeiture made application for a mining tenement in respect of the land or any part of the land to which the application relates and on such other persons as may be prescribed.
An application under subsection (1) shall be heard by the warden on a day appointed by the warden.
A person who wishes to object to the granting of an application made under subsection (1) must lodge a notice of objection.
A notice of objection must be —
lodged within the prescribed time and in the prescribed manner; and
accompanied by the prescribed fee.
A person is not entitled to lodge a notice of objection if the basis for the objection is that the mining tenement, or activities authorised by it, would affect an offsets project.
Subsection (6B) does not apply in respect of an offsets project, or any part of an offsets project, situated on land held in freehold.
On the hearing of an application made under subsection (1) the warden —
in a case to which section 96 applies, shall determine the application and make such order as the warden thinks fit and may —
grant the application and restore the mining tenement to the former holder; or
grant the application and restore the mining tenement to the former holder subject to such further or other conditions as the warden may specify; or
refuse the application;
and
in any other case, shall as soon as practicable thereafter transmit to the Minister for the Minister’s consideration the notes of evidence and any maps or other documents referred to therein, and the warden’s report recommending the granting or refusal of the application and setting out the reasons for the recommendation.
On receipt of notes of evidence and any maps or documents transmitted to the Minister pursuant to subsection (7), the Minister may grant or refuse the application for restoration of the mining tenement, as the Minister determines and whether the warden recommends the granting of the application or the refusal thereof, and may impose on a mining tenement so restored such further or other conditions as the Minister may specify.
[Section 97A inserted: No. 100 of 1985 s. 71; amended: No. 37 of 1993 s. 26; No. 39 of 2004 s. 64; No. 12 of 2010 s. 35; No. 39 of 2022 s. 13; No. 27 of 2023 s. 9.]
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