8K   Transitional provision—existing mining leases

(1)  Despite its repeal by Schedule 7.11 to the Amending Act, section 74 of the Mining Act 1992 (Mining unaffected by Environmental Planning and Assessment Act 1979) continues to have effect in respect of an existing mining lease until:

(a)  the end of the relevant transition period, or

(b)  such time as an approval is given to carry out mining operations in the mining area,

      whichever is the sooner.

(2)  However, if any such approval is limited to the carrying out of mining operations in a part of the mining area only, section 74 of the Mining Act 1992 continues to have effect in respect of so much of the existing mining lease as relates to the other parts of the mining area, but only until the end of the relevant transition period or until such time as an approval is given to carry out mining operations in those other parts (whichever is the sooner).

(3)  In this clause:

Amending Act means the Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005.

approval means an approval under Part 3A of the Act, but does not include the approval of a concept plan under that Part.

existing mining lease means a mining lease in force immediately before the relevant commencement.

mining area, mining lease and mining operations have the same meanings as in the Mining Act 1992.

relevant commencement means the date on which Schedule 7.11 to the Amending Act commences.

relevant transition period means:

(a)  in the case of an existing mining lease in respect of which mining operations are carried out underground—the period ending on the fifth anniversary of the relevant commencement, or

(b)  in the case of any other existing mining lease—the period ending on the second anniversary of the relevant commencement.