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HEHE nice..
Don't forget 7:30 report tonight....
also for those still confused about whether intent means anything this courtesy of doughboy HC
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all those claiming the cheque was enough read this clearly.....a response to my question from Bob Stevens of DoIR
My Question....
Dear Bob
I have been through the compliance flowcharts on the DoIR website but could not find a flowchart to match the following situation and was hoping you could shed some light of how situation could be resolved.
This is a hypothetic situation.
Let's say an exploration company after complying with minimum exploration expenditure but still yet to find commercial reserves is negligent in submitting paperwork for the renewal of the exploration lease on time but the payment of rent is submitted on time.
Is the assumption then that EL is considered lapsed? If so and the exploration company takes the opposing view that the lease was renewed on time, due to payment of rents on time, what avenues of appeal are open to the exploration company to have the lease re-instated?
Also is it possible to peg immediately as a Mining Lease to stop others from pegging and appeal to have the Exploration Lease reinstated if appeal process is availabe and successful.
Looking forward to your response.
His response....
I seem to be a little time poor these days, so my response is, of necessity, quite brief.
Payment of the rent in advance would not of itself keep an exploration licence (not "lease", as you referred to it) alive if the actual document of application for renewal of term was not lodged before close of business on the due day. If this document is not received by my Department before that deadline the licence "automatically" expires at midnight on that day.
The Mining Act 1978 contains no provision under which an "appeal" could be made to have the licence "re-instated" ...ie, it has expired and cannot be restored, even by the Minister. This is different from the case of a licence being forfeited and, subsequently, the former licensee applying to have it restored on grounds that the Minister may consider reasonable.Unlike an expired licence, a forfeited licence can later be "restored" (the word used in the Act).
The former licensee of an expired licence may apply for a mining lease over the ground, but such an application must then be treated like any other application and in the priority in which it was made if it competes with other applications over the same ground. The former licensee cannot apply for a new exploration licence over that ground within a period of three months from the date the former licence expired (known as the "cooling off" period). Such a mining lease application would not "stop others from pegging" the same ground.
As in the Shovelanna case, of which I'm sure you're aware, it is open for a former licensee who was second in time in making their mining lease application (as outlined above) to "appeal" to the Minister to consider terminating (pursuant to section 111A of the Act) any application made earlier in priority over the same ground....the motive being that the termination of that earlier application would then make the former licensee's application next in priority for consideration.
Regards,
Bob.
___________________
Don't forget 7:30 report tonight....
also for those still confused about whether intent means anything this courtesy of doughboy HC
__________________________
all those claiming the cheque was enough read this clearly.....a response to my question from Bob Stevens of DoIR
My Question....
Dear Bob
I have been through the compliance flowcharts on the DoIR website but could not find a flowchart to match the following situation and was hoping you could shed some light of how situation could be resolved.
This is a hypothetic situation.
Let's say an exploration company after complying with minimum exploration expenditure but still yet to find commercial reserves is negligent in submitting paperwork for the renewal of the exploration lease on time but the payment of rent is submitted on time.
Is the assumption then that EL is considered lapsed? If so and the exploration company takes the opposing view that the lease was renewed on time, due to payment of rents on time, what avenues of appeal are open to the exploration company to have the lease re-instated?
Also is it possible to peg immediately as a Mining Lease to stop others from pegging and appeal to have the Exploration Lease reinstated if appeal process is availabe and successful.
Looking forward to your response.
His response....
I seem to be a little time poor these days, so my response is, of necessity, quite brief.
Payment of the rent in advance would not of itself keep an exploration licence (not "lease", as you referred to it) alive if the actual document of application for renewal of term was not lodged before close of business on the due day. If this document is not received by my Department before that deadline the licence "automatically" expires at midnight on that day.
The Mining Act 1978 contains no provision under which an "appeal" could be made to have the licence "re-instated" ...ie, it has expired and cannot be restored, even by the Minister. This is different from the case of a licence being forfeited and, subsequently, the former licensee applying to have it restored on grounds that the Minister may consider reasonable.Unlike an expired licence, a forfeited licence can later be "restored" (the word used in the Act).
The former licensee of an expired licence may apply for a mining lease over the ground, but such an application must then be treated like any other application and in the priority in which it was made if it competes with other applications over the same ground. The former licensee cannot apply for a new exploration licence over that ground within a period of three months from the date the former licence expired (known as the "cooling off" period). Such a mining lease application would not "stop others from pegging" the same ground.
As in the Shovelanna case, of which I'm sure you're aware, it is open for a former licensee who was second in time in making their mining lease application (as outlined above) to "appeal" to the Minister to consider terminating (pursuant to section 111A of the Act) any application made earlier in priority over the same ground....the motive being that the termination of that earlier application would then make the former licensee's application next in priority for consideration.
Regards,
Bob.
___________________