Tenements and Titles - LexisNexis
Tenements and Titles - LexisNexis
Tenements and Titles - LexisNexis
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
[131,010] ENERGY AND RESOURCES LAWexcept that in addition to that information, an ML application must also include anassessment of the mineral bearing capacity of l<strong>and</strong> the subject of the application <strong>and</strong> theextent of any mineral deposits on that l<strong>and</strong>.Compliance with the public consultation process is required before a ML can begranted.The minister has discretion whether or not to grant the ML.Opal prospecting licence (OPL)An OPL can only be granted over l<strong>and</strong>s defined as an “opal prospecting block” withinan area designated under the Mining Act 1992 (NSW) as an “opal prospecting area”.Any person may apply for an OPL over an opal prospecting block by lodging anapplication in writing with the Director-General attaching: the fee prescribed byregulations <strong>and</strong> any information prescribed by regulations.If more than one application is lodged in respect of the same opal prospecting block,the applications are to be dealt with in the order in which they were lodged, or if they werelodged simultaneously, as prescribed by regulation.An OPL may be granted or refused in the Director-General’s discretion.Mining claim (claim)The Mining Act 1992 (NSW) makes provision for the creation of Mineral ClaimsDistricts (MCD). Special conditions approved by the minister <strong>and</strong> advertised in theGovernment Gazette apply to mineral claims granted over l<strong>and</strong> within a district.In addition to the requirements above, before applying for a claim, a person must first:• mark out the area of l<strong>and</strong> the subject of the claim application <strong>and</strong> prepare a planof the area; <strong>and</strong>• notify all affected l<strong>and</strong>holders.A claim may be granted or refused in the discretion of the Director-General.RIGHTS AND OBLIGATIONS[132,010] Introductory commentsThe rights <strong>and</strong> obligations of tenement holders under their respective tenements arefound in two sources:• the relevant state or territorial mining legislation <strong>and</strong> regulations; <strong>and</strong>• the instrument granting the tenement.All mining legislation requires that the tenement holder comply with both theinstrument granting tenement <strong>and</strong> applicable provisions of the legislation. Further, moststate <strong>and</strong> territorial legislation contains general rights <strong>and</strong> obligations, to which eachtenement holder, regardless of which tenement is held, has the benefit of <strong>and</strong> is subject to,<strong>and</strong> rights <strong>and</strong> obligations that are specific to the tenement granted.[132,210] Western AustraliaGeneral rights <strong>and</strong> obligationsWhen carrying out activities under licence a licence holder must:• promptly report the discovery of all minerals of economic interest;• not use ground disturbing equipment unless the minister or other official hasapproved that work program in writing;Service 0 130,108 <strong>LexisNexis</strong>Job: research/erl/allvols/serv_0/chapter_5_262680Page: 14 Date: 11/8/2011 Time: 15:30:3bwpageid:: 130108::bwservice::0::