May have something...
MINING ACT 1978 - SECT 111A is entitled "Minister may terminate or summarily refuse certain applications".
Paragraphs 1 (b) & (c) deals with the Minister's right to "refuse an APPLICATION FOR A MINING TENEMENT ... on reasonable grounds in the public interest"
whereas
Paragraph 1 (d) details with late renewal of an expired MINING LEASE"
the rest of Section 111A (ie 1(a), 2, 3 and 4) deal with process, definitions, etc.
I have previously said, only 1 (b) & (c) can be relevent, since this is an application, not a lease - although perhaps as you have said this is for EXPLORATION not MINING (at this stage).
Section 111A is actually very badly written. Clearly intended to allow the minister to protect areas from mining at all rather than to favour one applicant over another.
See also http://hotcopper.com.au/post_thread.asp?fid=1&tid=259271#811828
Based on my own reading of Section 111A and the opinions of others, I became a true believer - can't see any way this could go to Rio.
Cheers.
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