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Tenements and Titles - LexisNexis

Tenements and Titles - LexisNexis

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[134,210] ENERGY AND RESOURCES LAWLicence typeExploration licence (EL)Assessment lease (AL)Mining lease (ML)Opal prospecting licence(OPL)Mineral claim (claim)TermThe term of an EL is at the discretion of the minister;however, it is typically granted <strong>and</strong> renewed for periods of 3to 5 years. The minister cannot grant an EL for a periodexceeding 5 years <strong>and</strong> may renew an EL for a further periodof up to 5 years.The term of an AL is at the discretion of the ministerhowever the term cannot exceed 5 years.MLs are granted for a term of up to 21 years, unlessapproved by both the minister <strong>and</strong> the premier to exceed thisperiod <strong>and</strong> may renew a ML for a further period of up to21 years (or a longer period with the approval of thepremier).OPLs are granted for a period of either 28 days or 3 monthsover designated opal prospecting blocks (OPBs).Claims can be granted for up to 5 years, as determined bythe Director-General, except in mineral claims districts(MCDs), where special conditions may specify a shorterperiod.CancellationA decision-maker may cancel an authority as to the whole or any part of the l<strong>and</strong> towhich it relates if:1. requested by the title holder;2. the title holder contravenes a provision of the Mining Act or the regulations, doesnot use the l<strong>and</strong> comprised in the title in good faith for the purposes for whichit was granted, contravenes a condition a title, or does not comply with therequirements of any compensation agreement; or3. a decision-maker reasonably considers that the title holder gave false ormisleading information in or in connection with an application or any report;4. the title holder is convicted of any offence relating to mining or minerals;5. the l<strong>and</strong> is required for a public purpose.Before cancelling a title on a ground referred to in para 2, the decision-maker must givewritten notice of the proposed cancellation <strong>and</strong> the grounds for it, give the holder areasonable opportunity to make representations <strong>and</strong> take any such representations intoconsideration. Any person aggrieved by a cancellation decision may appeal the decisionto the NSW L<strong>and</strong> <strong>and</strong> Environment Court. A title holder is only entitled to compensationif the title was cancelled because the l<strong>and</strong> is required for a public purpose — the amountof compensation is for mining improvements made <strong>and</strong> determined by the minister.[The next page is 140,001]Service 0 130,116 <strong>LexisNexis</strong>Job: research/erl/allvols/serv_0/chapter_5_262680Page: 22 Date: 11/8/2011 Time: 15:30:3bwpageid:: 130116::bwservice::0::

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