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Section 19 – Under Section 19 of the Mining Act (1978) the Minister, or his delegate, may exempt any land, (not being private land or land that is the subject of a mining tenement or of an application therefore), from mining or any specified provisions of the Mining Act. The distinguishing factor is that a S19 can only exist by Ministerial approval and Gazettal and although a S19 can be created over any land it can never co-exist with private land or mining tenure. The primary purpose of a S19 is to provide a 24-month period for the interested party to organise the reserving or leasing of the area but a S19 can also be created for other reasons subject to the Minister or his delegate being satisfied it is warranted. There is provision that the Minister, or his delegate, may vary, cancel and extend the term of a S19 for a period or periods (not exceeding 2 years at a time) and this is commonly done. Any creation, variation or cancellation of a S19 must be published in the Government Gazette. The S19 will expire if is not extended. Prior to 14 October 1995 S19s were created with an indefinite term and can only be removed by having the Minister cancel the S19. |