(according to the DMR)
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)).
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).
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
of Mineral Resources, Submission to Inquiry into Renewal of Mining
leases 567 and 568 at Wingecarribee Swamp, 1997.