Tenements and Titles - LexisNexis

[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 land the subject of the application and theextent of any mineral deposits on that land.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 lands 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 and 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 and advertised in theGovernment Gazette apply to mineral claims granted over land within a district.In addition to the requirements above, before applying for a claim, a person must first:• mark out the area of land the subject of the claim application and prepare a planof the area; and• notify all affected landholders.A claim may be granted or refused in the discretion of the Director-General.RIGHTS AND OBLIGATIONS[132,010] Introductory commentsThe rights and obligations of tenement holders under their respective tenements arefound in two sources:• the relevant state or territorial mining legislation and regulations; and• the instrument granting the tenement.All mining legislation requires that the tenement holder comply with both theinstrument granting tenement and applicable provisions of the legislation. Further, moststate and territorial legislation contains general rights and obligations, to which eachtenement holder, regardless of which tenement is held, has the benefit of and is subject to,and rights and obligations that are specific to the tenement granted.[132,210] Western AustraliaGeneral rights and 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 LexisNexisJob: research/erl/allvols/serv_0/chapter_5_262680Page: 14 Date: 11/8/2011 Time: 15:30:3bwpageid:: 130108::bwservice::0::