❓ Hon Robin Chapple asks about the legal basis for forfeiting a mining lease if the land isn't used for mining purposes. Hon Norman Moore responds by citing relevant sections of the Mining Act 1978 and clarifies that forfeiture decisions are based on the specific circumstances of non-compliance.
AnsweredQoN 432Legislative Council
QuestionView source ↗
MINING LEASE 04/81 — INTENTION TO FORFEIT NOTICE
I refer to question on notice 2884, asked in the Legislative Council on 19 October 2010, and the answer given to part (1). (1) Can the minister provide advice on the sections of the Mining Act or regulations under which he may forfeit a mining lease for failure to use the land for the purpose for which it was granted? (2) If no to (1), why not? (3) If yes to (1), can the minister identify the factors and criteria that provide the ability to use the relevant sections of the Mining Act or regulations? Hon NORMAN MOORE
I refer to question on notice 2884, asked in the Legislative Council on 19 October 2010, and the answer given to part (1). (1) Can the minister provide advice on the sections of the Mining Act or regulations under which he may forfeit a mining lease for failure to use the land for the purpose for which it was granted? (2) If no to (1), why not? (3) If yes to (1), can the minister identify the factors and criteria that provide the ability to use the relevant sections of the Mining Act or regulations? Hon NORMAN MOORE
AnswerView source ↗
I thank the member for some notice of this question. (1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(1) Can the minister provide advice on the sections of the Mining Act or regulations under which he may forfeit a mining lease for failure to use the land for the purpose for which it was granted? (2) If no to (1), why not? (3) If yes to (1), can the minister identify the factors and criteria that provide the ability to use the relevant sections of the Mining Act or regulations? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(2) If no to (1), why not? (3) If yes to (1), can the minister identify the factors and criteria that provide the ability to use the relevant sections of the Mining Act or regulations? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(3) If yes to (1), can the minister identify the factors and criteria that provide the ability to use the relevant sections of the Mining Act or regulations? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
I thank the member for some notice of this question. (1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(1) Can the minister provide advice on the sections of the Mining Act or regulations under which he may forfeit a mining lease for failure to use the land for the purpose for which it was granted? (2) If no to (1), why not? (3) If yes to (1), can the minister identify the factors and criteria that provide the ability to use the relevant sections of the Mining Act or regulations? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(2) If no to (1), why not? (3) If yes to (1), can the minister identify the factors and criteria that provide the ability to use the relevant sections of the Mining Act or regulations? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(3) If yes to (1), can the minister identify the factors and criteria that provide the ability to use the relevant sections of the Mining Act or regulations? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
I thank the member for some notice of this question. (1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(1) Section 82(1)(b) and (g) of the Mining Act 1978 provides that a mining lease is deemed to be granted subject to the condition that the lessee shall use the land in respect of which the lease is granted only for mining purposes, and that the lease shall be liable for forfeiture if the lessee is in breach of any of the conditions of the lease. (2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(2) Not applicable. (3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
(3) There are no set criteria. A decision to forfeit is based on the failure to use the land in respect of which the mining lease is granted only for mining purposes.
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