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Environmental Considerations
(according to the DMR)

In this case the renewal decision falls to be made under the Mining Act 1973, although immediately upon grant the new lease is deemed to be a lease under the 1992 Act... The legal reasoning for that position is that the renewal applications were made under the Mining Act 1973 and the transitional provisions under the 1992 Act provided that all pending applications at the commencement of the 1992 Act should be determined under the 1973 Act (Schedule 6, section 3(2)).

It follows that the renewal of leases 567 and 568 fall to be dealt with under the provisions of the Mining Act 1973 governing renewals and in particular Division 3 of Part 5, Renewal and Cancellation of Authority (Sections 66 to 75).

The 1973 Act does not provide expressly for environmental considerations to be taken into account upon a renewal nor does it exclude them. Parliament chose to amend the 1973 Act to its present form which provides that environmental considerations should be taken into account on the grant of a new lease but did not extend this amendment so as to apply to a renewal. Accordingly there is a difference in the statutory treatment of environmental considerations; as between new leases and renewals under the Mining Act 1973 Nevertheless it is clearly permissible, though not strictly mandatory, for the Inquiry to consider environmental considerations in relation to this renewal as these are within the range of objectives which are promoted by the Act.

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Department of Mineral Resources, Submission to Inquiry into Renewal of Mining leases 567 and 568 at Wingecarribee Swamp, 1997.


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