s. 40 (1F) Despite the application of subsection (1) to the S. 40(1F) land described in Part 6 of Schedule Four and inserted by No. 50/2002 section 14 of the Mineral Resources s. 10(1), (Sustainable Development) Act 1990, a mining amended by No. 63/2006 licence granted in respect of any part of the land s. 61(Sch. so described does not entitle the holder to carry item 23.2). out mining on the land surface of the whole or any part of the land so described. (1G) Despite any provision of this Act or section 14 of S. 40(1G) inserted by the Mineral Resources (Sustainable No. 50/2002 Development) Act 1990, a mining licence granted s. 10(1), amended by in respect of any part of the land described in No. 63/2006 Part 6 of Schedule Four may authorise the holder s. 61(Sch. item 23.2). to construct and operate minor mining infrastructure (whether on the surface or otherwise) of the land so described, if the Minister has consented to any such construction or operation. (1H) A mining licence in respect of which a consent S. 40(1H) inserted by has been given under subsection (1G) is subject to No. 50/2002 any terms and conditions imposed by the Minister s. 10(1). as to the nature of the infrastructure and as to the effect the infrastructure may have on the land described in Part 6 of Schedule Four. (2) Despite anything in the Geothermal Energy S. 40(2) substituted by Resources Act 2005, the Greenhouse Gas No. 40/1992 Geological Sequestration Act 2008 or the s. 17, amended by Petroleum Act 1998 or any authority granted Nos 96/1998 under either of those Acts, operations under such s. 257(4) (a)–(c), 7/2005 an authority must not be carried out— s. 171, 61/2008 s. 320. (a) in a wilderness park or a wilderness zone; or
S. 40(1F) inserted by No. 50/2002 s. 10(1), amended by No. 63/2006 s. 61(Sch. item 23.2). (1F) Despite the application of subsection (1) to the land described in Part 6 of Schedule Four and section 14 of the Mineral Resources (Sustainable Development) Act 1990, a mining licence granted in respect of any part of the land so described does not entitle the holder to carry out mining on the land surface of the whole or any part of the land so described. s. 40 S. 40(1G) inserted by No. 50/2002 s. 10(1), amended by No. 63/2006 s. 61(Sch. item 23.2). (1G) Despite any provision of this Act or section 14 of the Mineral Resources (Sustainable Development) Act 1990, a mining licence granted in respect of any part of the land described in Part 6 of Schedule Four may authorise the holder to construct and operate minor mining infrastructure (whether on the surface or otherwise) of the land so described, if the Minister has consented to any such construction or operation. S. 40(1H) inserted by No. 50/2002 s. 10(1). (1H) A mining licence in respect of which a consent has been given under subsection (1G) is subject to any terms and conditions imposed by the Minister as to the nature of the infrastructure and as to the effect the infrastructure may have on the land described in Part 6 of Schedule Four. S. 40(2) substituted by No. 40/1992 s. 17, amended by Nos 96/1998 s. 257(4) (a)–(c), 7/2005 s. 171, 61/2008 s. 320. (2) Despite anything in the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008 or the Petroleum Act 1998 or any authority granted under either of those Acts, operations under such an authority must not be carried out— (a) in a wilderness park or a wilderness zone; or
75-8702a137.docx