英语翻译7 Matters affecting EPC rights7.1 Overlapping tenementsA

英语翻译
7 Matters affecting EPC rights
7.1 Overlapping tenements
An EPC may overlap with various mining and petroleum tenements or applications for tenements held by other parties which will impact on the rights of the EPC holder to undertake exploration.Below is a summary of the regime established under the MRA,PGPSA and GEA to manage competing tenement holders and their interests in the land over which the tenements are granted.
(1) Mining tenements
(a) Granting an EPC:
x05(i) The MRA allows an EPC to be granted over a pre-existing EPM.The
existence of overlapping exploration permits may restrict the future grant of MLs (see paragraph 7.1(1)(c)(i)).
x05An EPC may be granted over the area of a pre-existing ATP.Where an EPC is granted over the area of a pre-existing ATP and an authorised activity for an ATP has already started,an authorised activity for an EPC may not be carried out on the overlapping land if carrying it out adversely affects that carrying out of an authorised activity for the ATP.
x05Where there is a pre-existing ML,MDL,ML application or MDL application over the area of an EPC or EPM application,the area that is the subject of the pre-existing tenement shall be taken to be excluded from the area specified in the EPC or EPM application:
x05in the case of a ML or MDL - for so long as the area remains the subject of the pre-existing ML or MDL; and
x05in the case of an ML application or MDL application - for so long as the application is not rejected or abandoned or,if a MDL or ML is granted,for so long as the land remains subject to that granted MDL or ML,
except where the Minister,in exceptional circumstances in the Minister's absolute discretion otherwise determines.
x05Generally,upon termination of the MDL,ML or rejection or abandonment of the MDL Application or ML Application,the excluded land shall become part of the EPC.
x05(v) If there are two competing applications for exploration permits in relation to the same mineral,priority is given to the application lodged at an earlier date.If applications are lodged on the same day,they take the priority the Minister decides,after considering the relative merits of each application.
(b) Granting an MDL:
x05(i) Where an MDL application is made,an area covered by a pre-existing ML or included in an earlier application for an ML is taken to be excluded from the area the subject of the MDL application.However,the area is excluded from the MDL:
x05In the case of an ML - only while it is covered by an existing ML; and
x05In the case of an MLA - until the area is no longer the subject of the MLA or the MLA is abandoned or rejected.
x05Competing applications for the grant of MDLs made in respect of or including the same area shall take priority according to the Minister's determination.
x05If:
x05the Mining Registrar accepts lodgement of an application for an MDL for particular land; and