Crown Minerals Act 1991

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

36A: Limits on change to Tier 3 permit

You could also call this:

"Rules for changing a Tier 3 mining permit"

Illustration for Crown Minerals Act 1991

If you have a Tier 3 permit, you can apply to make some changes to it. You can ask to extend the area of land the permit covers or extend how long the permit lasts. You can only extend the permit if you can show the Minister that you cannot use up the discovery before the permit expires, and this is not your fault. You cannot make changes that would mean your permit no longer meets the requirements of a Tier 3 permit, which are set out in section 2B(2A).

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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."


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

36ALimits on change to Tier 3 permit

  1. The holder of a Tier 3 permit may make a written application under section 36(1)(b) only to—

  2. extend the land to which the permit relates; or
    1. extend the duration of the permit.
      1. The duration of a Tier 3 permit may only be extended if the permit holder satisfies the Minister that the discovery to which the permit relates cannot be economically depleted before the expiry date of the permit (and, in that respect, the Minister may consider the extent to which the inability to deplete the discovery during the term of the permit is due to causes or reasons beyond the permit holder’s control).

      2. A permit holder may not make a written application under section 36(1)(b) that, if granted, would result in the permit not satisfying the requirements of a Tier 3 permit as set out in section 2B(2A).

      3. Section 36(3), (5), and (5AA) does not apply to a Tier 3 permit.

      Notes
      • Section 36A: inserted, on , by section 25 of the Crown Minerals Amendment Act 2025 (2025 No 40).