text of mining act 1978 - sect 111a - fyi

MINING ACT 1978 - SECT 111A

111A. Minister may terminate or summarily refuse certain applications

(1) The Minister may --

(a) by notice served on the mining registrar or the warden, as the case requires, terminate an application for a mining tenement before the mining registrar or the warden has determined,or made a recommendation in respect of, the application; or

(b) refuse an application for a mining tenement,

if in respect of the whole or any part of the land to which the application relates --

(c) the Minister is satisfied on reasonable grounds in the public interest that --
(i) the land should not be disturbed; or
(ii) the application should not be granted;

or

(d) a person who in relation to the land was formerly the lessee of a mining lease the term of which has expired, or is a person deriving title through such a former lessee, has subsequently made a late renewal application and the Minister, being satisfied that the requirements of that expired mining lease and of this Act in relation to that lease had been substantially observed (other than as to the timing of an application for renewal) and that the person has continued to observe those requirements as if the term of the lease had not expired, determines that the renewal application should be approved and grants that renewal.

(2) In subsection (1)(d) "late renewal application" means an application made in the manner prescribed for the purposes of section 78 (except that it was not made during the final year of the term of the lease) for the renewal of the lease with effect from the expiry of the term of the lease.

(3) Notwithstanding anything in this Act, an application to which a notice referred to in subsection (1)(a) applies ceases to have any effect for the purposes of this Act when that notice is served.

(4) The powers conferred by subsection (1) are in addition to any other powers of the Minister under this Act.