Well, this is why the initial rumour said it's up to the land...

Well, this is why the initial rumour said it's up to the land owners, but regardless SMM can't really apply for it?

c. Decline relief on the grounds that the tender ought not to have been awarded to SMMS and that a letter of intent to issue a prospecting licence ought not to have been granted to SMMS because SMMS already held three or more prospecting licences over other areas without having applied for a mining lease or commenced mining in at least one of them.