(1) Where a prescribed survey fee was paid under the Act before the commencement of section 28 of the Mining Amendment Act 1993 but a mining survey has not yet been arranged, the Director General of Mines may, on written application by the applicant for, or holder of, the tenement concerned, refund the survey fee.

(2) Where a survey fee is refunded under subregulation (1), the Director may give a written notice to the applicant or tenement holder (as the case may be) specifying a time within which a survey must be arranged.

(3) Where a survey fee is refunded under subregulation (1), the applicant for, or holder of, the tenement concerned must arrange and pay for a mining survey of the tenement to be carried out by an approved surveyor ¾

(a) within the time period specified in a notice given under subregulation (2); or

(b) if no notice is given under subregulation (2), at any time.

[Regulation 118C inserted in Gazette 24 June 1994 pp.2933-4.]