Division 6Division 6 Renewal, transfer and cancellation of mineral claims
197 Application for renewal of mineral claim
(1) The holder of a mineral claim may, from time to time, apply for renewal of the claim.(2) An application for renewal of a mineral claim:(a) must be accompanied by the application fee prescribed by the regulations, and(b) must be lodged with the Director-General within 2 months before the day on which the claim would otherwise expire.(3) If an application for renewal of a mineral claim is not finally dealt with before the date on which the mineral claim would otherwise cease to have effect, the mineral claim continues to have effect in relation to the land to which the application relates (and no other land) until the application is finally determined.
198 Determination of application for renewal of mineral claim
(1) After considering an application for renewal of a mineral claim, the Director-General:(a) may renew the mineral claim, or(b) may refuse the application.(2) Without limiting the generality of subsection (1) or any other provision of this Act, an application may be refused on any one or more of the following grounds:(a) that the applicant (or, in the case of an applicant that is a corporation, a director of the corporation) has contravened this Act or the regulations or a condition of the claim (whether or not the person has been prosecuted or convicted of any offence arising from the contravention) or has been convicted of any other offence relating to mining or minerals,(b) that a person has contravened a condition of the claim (whether or not the person has been prosecuted or convicted of any offence arising from the contravention),(c) that the Director-General reasonably considers that the holder of the claim provided false or misleading information in or in connection with an application or any report provided under this Act for or with respect to the claim.(3) The Director-General may, on renewing a mineral claim, vary the conditions of the claim in such manner as the Director-General may (in accordance with the special conditions) determine.
A mineral claim may be renewed as to the whole or any part of the claim area and, if it is renewed as to part only of the claim area, the remainder ceases to be part of the claim area when the renewal takes effect.
(1) A mineral claim that is renewed:(a) takes effect on the date on which it is renewed or on such later date as the Director-General may determine, and(b) ceases to have effect at the expiration of such period (not exceeding 5 years or such shorter period as the special conditions may specify) as the Director-General may determine.(2) Any amendment of the conditions of a mineral claim takes effect on the date on which the renewal of the mineral claim takes effect.
200 Application for transfer of mineral claim
(1) The holder of a mineral claim may apply for the transfer of the claim to some other person.(2) An application for the transfer of a mineral claim:(a) must be accompanied by the application fee prescribed by the regulations, and(b) must be lodged with the Director-General, and(c) must contain any information prescribed by the regulations, and(d) must be accompanied by the written consent of the proposed transferee, and(e) must be accompanied by a copy of the relevant notice served under subsection (2A).(2A) Notice of an intention to make an application under this section must be given by the applicant to the landholder of the land to which the mineral claim relates.(3) The Director-General may defer consideration of an application that is the subject of legal proceedings, or of an inquiry under this Act, pending the outcome of those proceedings or that inquiry.
201 Determination of application for transfer of mineral claim
(1) After considering an application for transfer of a mineral claim, the Director-General:(a) may transfer the mineral claim, or(b) may refuse the application.(2) Without limiting the generality of subsection (1) or any other provision of this Act, an application may be refused on any one or more of the following grounds:(a) that the applicant (or, in the case of an applicant that is a corporation, a director of the corporation) has contravened this Act or the regulations (whether or not the person has been prosecuted or convicted of any offence arising from the contravention) or has been convicted of any other offence relating to mining or minerals,(b) that the Director-General reasonably considers that the applicant provided false or misleading information in or in connection with an application.(3) The Director-General may, on transferring a mineral claim, vary the conditions of the claim in such manner as the Director-General may (in accordance with the special conditions) determine.(4) A mineral claim may not be transferred to a person if the person would consequently become the holder of more mineral claims than the maximum number allowed by this Act.
202 Devolution of rights of holder of mineral claim
A person on whom the rights of the holder of a mineral claim have devolved by operation of law may apply to the Director-General to have that person’s name recorded as the holder of the claim and, if the Director-General is satisfied that those rights have so devolved, the Director-General must so record the name of the applicant.
203 Grounds of cancellation or operational suspension
(1) The Director-General may cancel a mineral claim, as to the whole or any part of the land to which it relates:(a) if the holder of the claim requests the Director-General to cancel the claim, or(b) if, as a result of an objection made under section 179, it is determined in accordance with Schedule 2 that the land is agricultural land, or(c) if the holder of the claim contravenes a provision of this Act or the regulations (whether or not the holder is prosecuted or convicted of any offence arising from the contravention), or(c1) if a person contravenes a condition of the claim (whether or not the holder is prosecuted or convicted of any offence arising from the contravention), or(c2) if the Director-General reasonably considers that the holder of the claim provided false or misleading information in or in connection with an application or any report provided under this Act for or with respect to the claim, or(d) if the holder of the claim fails to comply with the requirements of any agreement or assessment under Part 13 in relation to the payment of compensation, or(e) if the holder of the claim is convicted of any offence relating to mining or minerals, or(f) if the land is required for a public purpose, or(g) if the mining registrar is ordered by the Land and Environment Court to cancel the claim, or(h) if the holder of the claim fails to use the land comprised in the claim in good faith for the purposes for which the claim has been granted, or uses the land for a purpose other than that for which the claim has been granted.(2) A request referred to in subsection (1) (a):(a) must be lodged with the Director-General, and(b) if the application is for the cancellation of the claim as to part only of the land to which it relates—must be accompanied by a description, prepared in the manner prescribed by the regulations, of the land in respect of which the claim is to be cancelled.(3) The Director-General may defer cancellation of a mineral claim that is the subject of legal proceedings, or of an inquiry under this Act, pending the outcome of those proceedings or that inquiry.(4) (Repealed)
204 Cancellations of mineral claims
(1) Before cancelling a mineral claim on a ground referred to in section 203 (1) (b)–(e) or (h), the Director-General:(a) must cause written notice of the proposed cancellation, and of the grounds of the proposed cancellation, to be served on the holder of the claim, and(b) must give the holder of the claim a reasonable opportunity to make representations with respect to the proposed cancellation, and(c) must take any such representations into consideration.(2) Cancellation of a mineral claim takes effect on the date on which written notice of the cancellation is served on the holder of the claim or on such later date as is specified in the notice.(3) Cancellation of a mineral claim does not affect any liability incurred by the holder of the claim before the cancellation took effect.(4), (5) (Repealed)
205 Compensation for cancellation of mineral claims
(1) The holder of a mineral claim is not entitled to compensation merely because the claim is cancelled.(2) However, if a mineral claim is cancelled on the ground that the whole or any part of the land concerned is required for a public purpose, the holder of the claim is entitled to compensation, of an amount to be determined by the Director-General, for any mining improvements made to the land.
206 Review of decisions concerning cancellation of mineral claims
(1) Any person who is aggrieved by the decision of the Director-General to cancel a mineral claim held by the person, or as to the amount of compensation payable as a consequence of its cancellation, may apply to the Land and Environment Court for a review of the decision.(2) An application must be filed in the Land and Environment Court within 14 days after written notice of the decision is served on the person.(3) Subject to any order made by the Land and Environment Court, an application for a review does not operate to stay the decision to which the application relates.(4) The decision of the Land and Environment Court is to be given effect to as if it were the decision of the Director-General.