The relevant ‘mining purposes’ are defined as:
- the construction, maintenance or use of any reservoir, dam (including a tailings dam), drain or water race, and
- the removal, stockpiling or depositing of overburden, ore or tailings to the extent that it is associated with mineral extraction or mine beneficiation.
By way of order dated 9 September 2015 the Minister has extended this transitional arrangement by exempting persons carrying out the above mining purposes from the requirement to obtain a mining lease where:
- the mining purpose was carried out, or in the course of construction, immediately prior to 15 November 2010, and
- the mining purpose has not been abandoned for a continuous period exceeding twelve months since 15 November 2010 (other than repair or maintenance).