Queensland Consolidated Acts

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MINERAL RESOURCES ACT 1989 - SECT 93

93 Renewal of mining claim

(1) The holder of a mining claim, including a mining claim that is subject to a condition referred to in section 92, may, at least 6 months (or such shorter period as the mining registrar in the particular case allows) prior to and not more than 12 months before the expiration of the current term of the mining claim, make application for renewal of the mining claim.

(2) An application for renewal of a mining claim shall—

(a) be made in the prescribed way to the mining registrar for the mining district in which is situated the land the subject of the mining claim;
(b) be accompanied by the prescribed application for renewal fee.

(3) If, in respect of an application for renewal of a mining claim, the mining registrar is satisfied that—

(a) in a case where the mining claim is subject to a condition that the holder is not entitled to have the mining claim renewed, the mining claim should be renewed and, where the condition was imposed by the Governor in Council or the Land Court, the Governor in Council or Land Court consents to the renewal; and
(b) the holder has observed and performed all the conditions applicable to that mining claim and on the holder's part to be observed and performed; and
(c) the holder has complied with this Act and other mining legislation applicable to the holder in respect of that mining claim; and
(d) the land, the subject of the mining claim still contains workable quantities of mineral or mineral bearing ore;

then the mining registrar must, subject to part 14, division 5, grant a renewal of that mining claim in the name of the holder for such further term, not exceeding 10 years, as the mining registrar thinks fit subject to the prescribed conditions and such further conditions as the mining registrar determines but the further term shall not include a period that is not covered by an agreement as to or a determination of compensation pursuant to section 85 or 86.

(4) Despite subsection (3), the mining registrar may refuse the renewal if the mining registrar considers the renewal is not in the public interest.

(5) Without limiting subsection (3), the mining registrar may determine a condition of the renewed licence if the mining registrar considers the condition is in the public interest.

(6) The mining registrar must give the EPA administering authority a copy of the application within 5 business days after the later of the following—

(a) the day the application is made;
(b) when the mining registrar is satisfied under subsection (3).

(7) The mining registrar shall not reject an application for renewal of a mining claim until the mining registrar has, by notice in writing in the approved form served on the holder of the mining claim, called upon the holder to show cause within the time specified therein why the application should not be rejected and such cause has not been shown to the satisfaction of the mining registrar.

(8) The holder of a renewed mining claim must give written notice of the claim's renewal to the owners of the land covered by the claim.

(9) The notice must be given within 20 business days after the holder receives notice of the renewal.



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