(7) If a mining operator has been unable to reach an agreement...

1. (7) If a mining operator has been unable to reach an agreement to waive the benefit of an exemption with a person to whom the operator has given a notice under this section, the mining operator may apply to the ERD Court for an order waiving the benefit of the exemption for the person (the respondent).
2. (8) The ERD Court may refuse to determine an application unless the mining operator satisfies the Court that—

(a) (b) (c)
(9) On an (a)
(b)
the notice requesting the respondent to enter into an agreement complied with subsection (2); and
the operator provided the respondent with information prescribed by the regulations for the purposes of this section; and
the operator made a reasonable attempt to reach agreement with the respondent.
application, the ERD Court may—
if the mining operator satisfies the Court that any adverse effects of the proposed mining operations on the respondent can be appropriately addressed by the imposition of conditions on the mining operator (including the payment of compensation to the respondent), make an order waiving the benefit of the exemption for the respondent and imposing conditions on the mining operator; or
if the Court is not so satisfied—refuse the application.

1. (10) The ERD Court may not make an order for costs against the respondent unless the Court considers that it is appropriate to do so on the ground that the respondent—
   1. (a) has obstructed or unnecessarily delayed the proceedings; or
   2. (b) has failed to attend any proceedings or failed to comply with a rule, order or direction of the Court.
2. (11) If an agreement or order to waive the benefit of an exemption takes effect under this section in respect of exempt land, the land ceases to be exempt land, but the exemption revives on completion of the mining operations in respect of which the agreement or order was made or at such earlier time as may be stipulated in that agreement or order.
3. (12) An agreement or order to waive the benefit of an exemption under this section is binding on—
   1. (a) successors in title to those owners of land who had the benefit of the former exemption; and
   2. (b) the holders from time to time of any mining tenement under which mining operations (being mining operations in respect of which the agreement or order was made) are carried out.

[2.10.2014] This version is not published under the Legislation Revision and Publication Act 2002 9
Mining Act 1971—1.7.2011
Part 1—Preliminary

1. (13) Subsections (11) and (12) apply to an agreement to waive an exemption under section 9 entered into before the commencement of this section as if it were an agreement to waive the benefit of an exemption under this section.
2. (14) A mining operator is liable to indemnify a person to whom the operator gives a notice under this section for the reasonable costs of obtaining legal assistance relating to the operation of this section up to $500 or, if some other amount is prescribed by regulation, that amount.
3. (15) In this section—
   business day means a day other than a Saturday or a Sunday or other public holiday;
   cooling-off period, in relation to an agreement with a mining operator to waive the benefit of an exemption, means the period commencing when the agreement is made and concluding at the end of the fifth clear business day after the day on which the agreement is made;
   mining operations has the same meaning as in section 9.