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Requirements for grant of ancillary surface rights licence in respect of State land
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128. (1) Subject to subsections (2) and (3), the Minister may grant an ancillary surface rights licence in respect of State land to a licensee under a mining licence authorising the licensee to exercise an ancillary surface right if—
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(a) the licensee submits an application in the prescribed form and the prescribed application fee,
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(b) the Minister is satisfied that the ancillary surface right is necessary for the efficient working of the minerals, and
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(c) the licensee has provided the prescribed information and any additional information required by the Minister.
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(2) Before granting an ancillary surface rights licence under subsection (1), the Minister shall consult any other Minister of the Government having the authority to use the State land affected by the application.
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(3) The Minister shall not grant an ancillary surface rights licence under subsection (1) without the prior consent of the Minister for Public Expenditure and Reform.
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