Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Conditions of permits

35C: Conditions imposing relinquishment obligation: exploration permits

You could also call this:

"Rules for giving up parts of an exploration area when you have a permit"

Illustration for Crown Minerals Act 1991

When you get an exploration permit, the Minister can add a condition that says you must give up some of the permit area. The Minister can do this when you first get the permit or if you ask to change the permit. The Minister can say you must give up a certain amount of the area at a certain time or when something specific happens, which is called a relinquishment obligation. You might have to do this more than once, but you will not have to give up more than a certain amount of the area.

If you have a permit for petroleum, you might have to give up up to 75% of the original area. If you have a permit for other minerals, you might have to give up up to 50% of the original area. When the Minister says you must give up some of the area, you must send them a map of the area you want to give up.

The Minister will look at the map and decide if it is okay, or if they want you to change it. They can approve the area you want to give up, or they can make you change it. You must send the map to the Minister within the time frame they specify in the permit condition.

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35B: Conditions imposing relinquishment obligation: prospecting permits, or

"Rules for giving up land when you have a prospecting permit"


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36: Change to permit, or

"The Minister can change your permit if you agree or ask for a change, and you get a new certificate."

Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Conditions of permits

35CConditions imposing relinquishment obligation: exploration permits

  1. The Minister may impose a condition of the kind described in subsection (2) on—

  2. the grant of an exploration permit; or
    1. the grant of an application for a change to an exploration permit.
      1. The Minister may impose a condition requiring the permit holder to relinquish a specified amount of the permit area at a specified time or on a specified event (a relinquishment obligation).

      2. The Minister may impose a relinquishment obligation not more than twice in relation to a permit, and the total area to be relinquished must not exceed,—

      3. in the case of an exploration permit for petroleum, 75% of the original area of land to which the permit applied:
        1. in the case of an exploration permit for minerals other than petroleum, 50% of the original area of land to which the permit applied.
          1. The holder of a permit that is subject to a relinquishment obligation must submit to the Minister for approval, within the time frame specified in the permit condition, a map of the area that the holder proposes to relinquish.

          2. The Minister must consider the map and approve the area to be relinquished, with or without amendment, as he or she thinks fit.

          Notes
          • Section 35C: inserted, on , by section 27 of the Crown Minerals Amendment Act 2013 (2013 No 14).