{"id":"qld:act-1998-010","name":"Offshore Minerals Act 1998","slug":"offshore-minerals-act-1998","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"10 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104658,"registerId":"qld-act-1998-010-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Offshore Minerals Act 1998 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act comes into operation on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Commonwealth–State agreement (the Offshore Constitutional Settlement)","content":"### sec.3 Commonwealth–State agreement (the Offshore Constitutional Settlement)\n\nThe Commonwealth and the States have agreed that—\nCommonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and\nthe States should share, in the way provided by the Offshore Minerals Act 1994 (Cwlth) , in the administration of the Commonwealth offshore mining legislation; and\nState offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and\nthe Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea.\nSo far as the agreement is about petroleum, it is reflected in this State’s legislation by the Petroleum (Submerged Lands) Act 1982 .\nThe decimal part numbering system closely corresponds to the same decimal part numbering system in the Commonwealth Act. Also, sections 1 to 423 of this Act closely correspond to the same sections of the Commonwealth Act. Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To maximise uniformity between this Act and the Commonwealth Act, the numbers of some sections that are not relevant have not been used in the numbering of this Act, unless required for provisions particular to the State.\nOther Acts that provide background in this State to the agreement (commonly referred to as the Offshore Constitutional Settlement ) are—\nthe Seas and Submerged Lands Act 1973 (Cwlth) , the Coastal Waters (State Powers) Act 1980 (Cwlth) , the Coastal Waters (State Title) Act 1980 (Cwlth) and the Petroleum (Submerged Lands) Act 1967 (Cwlth) ; and\nthe Petroleum (Submerged Lands) Act 1982 .\nThe Seas and Submerged Lands Act 1973 (Cwlth) —\ndeclares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;\ngives the Governor-General power to declare, by proclamation, the limits of the territorial sea;\ndeclares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in relation to the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;\ndeclares and enacts that the sovereign rights of Australia as a coastal State in relation to the continental shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth;\ngives the Governor-General power to declare, by proclamation, the limits of the continental shelf of Australia.\nThe Coastal Waters (State Powers) Act 1980 (Cwlth) was enacted following a request from the Parliaments of all the States under section 51 (xxxviii) of the Constitution of the Commonwealth and provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore.\nThe Coastal Waters (State Title) Act 1980 (Cwlth) vests in each State certain property rights in the seabed beneath the coastal waters.\nThe Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982 of this State make provision, based on the agreement referred to in subsection (1) , for the licensing regime that applies to the exploration for and recovery of petroleum in coastal waters and offshore areas of this State.\n(sec.3-ssec.1) The Commonwealth and the States have agreed that— Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and the States should share, in the way provided by the Offshore Minerals Act 1994 (Cwlth) , in the administration of the Commonwealth offshore mining legislation; and State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea. So far as the agreement is about petroleum, it is reflected in this State’s legislation by the Petroleum (Submerged Lands) Act 1982 . The decimal part numbering system closely corresponds to the same decimal part numbering system in the Commonwealth Act. Also, sections 1 to 423 of this Act closely correspond to the same sections of the Commonwealth Act. Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To maximise uniformity between this Act and the Commonwealth Act, the numbers of some sections that are not relevant have not been used in the numbering of this Act, unless required for provisions particular to the State.\n(sec.3-ssec.2) Other Acts that provide background in this State to the agreement (commonly referred to as the Offshore Constitutional Settlement ) are— the Seas and Submerged Lands Act 1973 (Cwlth) , the Coastal Waters (State Powers) Act 1980 (Cwlth) , the Coastal Waters (State Title) Act 1980 (Cwlth) and the Petroleum (Submerged Lands) Act 1967 (Cwlth) ; and the Petroleum (Submerged Lands) Act 1982 . The Seas and Submerged Lands Act 1973 (Cwlth) — declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the territorial sea; declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in relation to the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; declares and enacts that the sovereign rights of Australia as a coastal State in relation to the continental shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth; gives the Governor-General power to declare, by proclamation, the limits of the continental shelf of Australia. The Coastal Waters (State Powers) Act 1980 (Cwlth) was enacted following a request from the Parliaments of all the States under section 51 (xxxviii) of the Constitution of the Commonwealth and provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore. The Coastal Waters (State Title) Act 1980 (Cwlth) vests in each State certain property rights in the seabed beneath the coastal waters. The Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982 of this State make provision, based on the agreement referred to in subsection (1) , for the licensing regime that applies to the exploration for and recovery of petroleum in coastal waters and offshore areas of this State.\n- (a) Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and\n- (b) the States should share, in the way provided by the Offshore Minerals Act 1994 (Cwlth) , in the administration of the Commonwealth offshore mining legislation; and\n- (c) State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and\n- (d) the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia’s territorial sea.\n- (a) the Seas and Submerged Lands Act 1973 (Cwlth) , the Coastal Waters (State Powers) Act 1980 (Cwlth) , the Coastal Waters (State Title) Act 1980 (Cwlth) and the Petroleum (Submerged Lands) Act 1967 (Cwlth) ; and\n- (b) the Petroleum (Submerged Lands) Act 1982 .\n- • declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;\n- • gives the Governor-General power to declare, by proclamation, the limits of the territorial sea;\n- • declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in relation to the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;\n- • declares and enacts that the sovereign rights of Australia as a coastal State in relation to the continental shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth;\n- • gives the Governor-General power to declare, by proclamation, the limits of the continental shelf of Australia.","sortOrder":3},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Declaration for Commonwealth Act","content":"### sec.3A Declaration for Commonwealth Act\n\nThe following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) —\na special purpose consent;\na tenure.\ns 3A ins 2010 No. 44 s 127\n- (a) a special purpose consent;\n- (b) a tenure.","sortOrder":4},{"sectionNumber":"ch.1-pt.1.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":5},{"sectionNumber":"ch.1-pt.1.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Note etc. in the text","content":"### sec.4 Note etc. in the text\n\nA note, diagram or map in this Act is provided to help understanding and does not form part of the Act .","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions—the dictionary","content":"### sec.5 Definitions—the dictionary\n\nThe dictionary in schedule 5 defines particular words used in this Act.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Shares in a tenure","content":"### sec.6 Shares in a tenure\n\nA person has a share in a tenure if the person is the holder, or 1 of the holders, of the tenure.\nIf a holder is entitled to a particular percentage of the value of the rights conferred by a tenure, that percentage is the holder’s share in the tenure.\nA sole holder has a 100% share in the tenure.\nIf—\na person is a registered holder of a tenure; and\nthe person is shown in the offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the tenure;\nthe person’s share in the tenure is taken to be the percentage specified in the register.\n(sec.6-ssec.1) A person has a share in a tenure if the person is the holder, or 1 of the holders, of the tenure.\n(sec.6-ssec.2) If a holder is entitled to a particular percentage of the value of the rights conferred by a tenure, that percentage is the holder’s share in the tenure. A sole holder has a 100% share in the tenure.\n(sec.6-ssec.3) If— a person is a registered holder of a tenure; and the person is shown in the offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the tenure; the person’s share in the tenure is taken to be the percentage specified in the register.\n- (a) a person is a registered holder of a tenure; and\n- (b) the person is shown in the offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the tenure;","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Transfer of a tenure","content":"### sec.7 Transfer of a tenure\n\nA tenure is transferred if—\nthe tenure has only 1 holder and the holder transfers the whole of the licensee’s interest in the tenure to another person or other persons; or\nthe tenure has 2 or more holders and the holders all transfer the whole of their interests in the tenure to another person or other persons.\nA share in a tenure is transferred if—\nthe tenure has only 1 holder and the holder transfers a part of the holder’s share in the tenure to another person or other persons; or\nthe tenure has 2 or more holders and—\nsome, but not all, of the holders transfer the whole of their shares in the tenure to another person; or\nsome or all of the holders transfer a part of their shares in the tenure to another person.\nThe other person referred to in subsection (2) (b) may be an existing tenure holder.\n(sec.7-ssec.1) A tenure is transferred if— the tenure has only 1 holder and the holder transfers the whole of the licensee’s interest in the tenure to another person or other persons; or the tenure has 2 or more holders and the holders all transfer the whole of their interests in the tenure to another person or other persons.\n(sec.7-ssec.2) A share in a tenure is transferred if— the tenure has only 1 holder and the holder transfers a part of the holder’s share in the tenure to another person or other persons; or the tenure has 2 or more holders and— some, but not all, of the holders transfer the whole of their shares in the tenure to another person; or some or all of the holders transfer a part of their shares in the tenure to another person.\n(sec.7-ssec.3) The other person referred to in subsection (2) (b) may be an existing tenure holder.\n- (a) the tenure has only 1 holder and the holder transfers the whole of the licensee’s interest in the tenure to another person or other persons; or\n- (b) the tenure has 2 or more holders and the holders all transfer the whole of their interests in the tenure to another person or other persons.\n- (a) the tenure has only 1 holder and the holder transfers a part of the holder’s share in the tenure to another person or other persons; or\n- (b) the tenure has 2 or more holders and— (i) some, but not all, of the holders transfer the whole of their shares in the tenure to another person; or (ii) some or all of the holders transfer a part of their shares in the tenure to another person.\n- (i) some, but not all, of the holders transfer the whole of their shares in the tenure to another person; or\n- (ii) some or all of the holders transfer a part of their shares in the tenure to another person.\n- (i) some, but not all, of the holders transfer the whole of their shares in the tenure to another person; or\n- (ii) some or all of the holders transfer a part of their shares in the tenure to another person.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Successor tenures","content":"### sec.8 Successor tenures\n\nIf—\na mining lease takes effect immediately after an exploration permit expires; and\nthe holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired;\nthe mining lease is a successor tenure to the exploration permit.\nIf—\na mineral development licence takes effect immediately after an exploration permit expires; and\nthe holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired;\nthe mineral development licence is a successor tenure to the exploration permit.\nIf—\na mining lease takes effect immediately after a mineral development licence expires; and\nthe mineral development licence took effect immediately after an exploration permit expired; and\nthe holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and\nthe holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired;\nthe mining lease is a successor tenure to the exploration permit and the mineral development licence.\n(sec.8-ssec.1) If— a mining lease takes effect immediately after an exploration permit expires; and the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor tenure to the exploration permit.\n(sec.8-ssec.2) If— a mineral development licence takes effect immediately after an exploration permit expires; and the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mineral development licence is a successor tenure to the exploration permit.\n(sec.8-ssec.3) If— a mining lease takes effect immediately after a mineral development licence expires; and the mineral development licence took effect immediately after an exploration permit expired; and the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor tenure to the exploration permit and the mineral development licence.\n- (a) a mining lease takes effect immediately after an exploration permit expires; and\n- (b) the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired;\n- (a) a mineral development licence takes effect immediately after an exploration permit expires; and\n- (b) the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired;\n- (a) a mining lease takes effect immediately after a mineral development licence expires; and\n- (b) the mineral development licence took effect immediately after an exploration permit expired; and\n- (c) the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and\n- (d) the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired;","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Section number not used","content":"### sec.9 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Position on the Earth’s surface","content":"### sec.10 Position on the Earth’s surface\n\nThis is how the position of a point, line or area on the Earth’s surface must be worked out for this Act—\nthe position must be worked out by reference to a spheroid that—\nhas a major (equatorial) radius of 6,378,160 metres; and\nhas a flattening of 100/29825; and\nthe Johnston Geodetic Station in the Northern Territory is taken to be located 571.2 metres above the point on the surface of the spheroid that is at—\n133º12'30.0771'' east longitude; and\n25º56'54.5515'' south latitude.\n- (a) the position must be worked out by reference to a spheroid that— (i) has a major (equatorial) radius of 6,378,160 metres; and (ii) has a flattening of 100/29825; and\n- (i) has a major (equatorial) radius of 6,378,160 metres; and\n- (ii) has a flattening of 100/29825; and\n- (b) the Johnston Geodetic Station in the Northern Territory is taken to be located 571.2 metres above the point on the surface of the spheroid that is at— (i) 133º12'30.0771'' east longitude; and (ii) 25º56'54.5515'' south latitude.\n- (i) 133º12'30.0771'' east longitude; and\n- (ii) 25º56'54.5515'' south latitude.\n- (i) has a major (equatorial) radius of 6,378,160 metres; and\n- (ii) has a flattening of 100/29825; and\n- (i) 133º12'30.0771'' east longitude; and\n- (ii) 25º56'54.5515'' south latitude.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Section number not used","content":"### sec.11 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Power to amend and revoke instruments","content":"### sec.12 Power to amend and revoke instruments\n\nA provision of this Act that confers a power to do something in writing is also taken to confer the power to revoke or amend the written document by which that thing is done.\nThe power to revoke or amend—\nmust also be exercised in writing; and\nis subject to the same procedural requirements as the original power; and\nis subject to the same conditions as those that governed the exercise of the original power.\n(sec.12-ssec.1) A provision of this Act that confers a power to do something in writing is also taken to confer the power to revoke or amend the written document by which that thing is done.\n(sec.12-ssec.2) The power to revoke or amend— must also be exercised in writing; and is subject to the same procedural requirements as the original power; and is subject to the same conditions as those that governed the exercise of the original power.\n- (a) must also be exercised in writing; and\n- (b) is subject to the same procedural requirements as the original power; and\n- (c) is subject to the same conditions as those that governed the exercise of the original power.","sortOrder":15},{"sectionNumber":"ch.1-pt.1.2-div.2","sectionType":"division","heading":"Basic concepts for this Act","content":"## Basic concepts for this Act","sortOrder":16},{"sectionNumber":"sec.13-15","sectionType":"section","heading":"Section numbers not used","content":"### sec.13-15 Section numbers not used\n\nSee note 2 to section 3 (1) .","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Coastal waters, and effect of change in baseline","content":"### sec.16 Coastal waters, and effect of change in baseline\n\nSubject to this section, the coastal waters of the State are constituted by the first 3 nautical miles of the territorial sea from the baseline.\nThe coastal waters do not include any waters that are inside the baseline.\nIf—\na tenure has been granted on the basis that an area is within coastal waters; and\nthere is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and\nas a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters;\nthis Act applies as if the area were still within coastal waters.\nSubsection (3) continues to apply to the area only while the tenure and any successor tenure remains in force.\nIf—\nan area in the offshore area under the Commonwealth Act is covered by a tenure under the Commonwealth Act; and\nthere is a change to the baseline; and\nas a result of the change to the baseline, the area—\nceases to be within the offshore area under the Commonwealth Act; and\nfalls within coastal waters;\nthis Act does not apply to the area.\nSubsection (5) continues to apply to the area only while the tenure under the Commonwealth Act and any successor tenure under that Act remains in force.\nThis Act has effect subject to the Mineral Resources Act 1989 , section 4 .\nIn this section—\nbaseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) as for the time being decided under the Seas and Submerged Lands Act 1973 (Cwlth) , section 7 (2) (b) .\nGenerally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. See Australia’s territorial sea baseline published 1988 by the Australian Government Printing Service.\nThe map in schedule 1 shows the coastal waters of the State.\n(sec.16-ssec.1) Subject to this section, the coastal waters of the State are constituted by the first 3 nautical miles of the territorial sea from the baseline.\n(sec.16-ssec.2) The coastal waters do not include any waters that are inside the baseline.\n(sec.16-ssec.3) If— a tenure has been granted on the basis that an area is within coastal waters; and there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters; this Act applies as if the area were still within coastal waters.\n(sec.16-ssec.4) Subsection (3) continues to apply to the area only while the tenure and any successor tenure remains in force.\n(sec.16-ssec.5) If— an area in the offshore area under the Commonwealth Act is covered by a tenure under the Commonwealth Act; and there is a change to the baseline; and as a result of the change to the baseline, the area— ceases to be within the offshore area under the Commonwealth Act; and falls within coastal waters; this Act does not apply to the area.\n(sec.16-ssec.6) Subsection (5) continues to apply to the area only while the tenure under the Commonwealth Act and any successor tenure under that Act remains in force.\n(sec.16-ssec.7) This Act has effect subject to the Mineral Resources Act 1989 , section 4 .\n(sec.16-ssec.8) In this section— baseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) as for the time being decided under the Seas and Submerged Lands Act 1973 (Cwlth) , section 7 (2) (b) . Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. See Australia’s territorial sea baseline published 1988 by the Australian Government Printing Service. The map in schedule 1 shows the coastal waters of the State.\n- (a) a tenure has been granted on the basis that an area is within coastal waters; and\n- (b) there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and\n- (c) as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters;\n- (a) an area in the offshore area under the Commonwealth Act is covered by a tenure under the Commonwealth Act; and\n- (b) there is a change to the baseline; and\n- (c) as a result of the change to the baseline, the area— (i) ceases to be within the offshore area under the Commonwealth Act; and (ii) falls within coastal waters;\n- (i) ceases to be within the offshore area under the Commonwealth Act; and\n- (ii) falls within coastal waters;\n- (i) ceases to be within the offshore area under the Commonwealth Act; and\n- (ii) falls within coastal waters;","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Sub-blocks","content":"### sec.17 Sub-blocks\n\nThis is how a sub-block is constituted in coastal waters—\nassume that there is laid over the coastal waters a grid constituted by—\nlines running along meridians drawn through each degree of longitude and the minutes between those degrees; and\nlines running along parallels drawn through each degree of latitude and the minutes between those degrees;\ntake a bounded space defined by the grid;\nthe seabed and subsoil within the coastal waters that is under that space is a sub-block.\nThe diagram in schedule 2 shows how a sub-block is constituted.\nEach sub-block is identified by giving the name of the plan in the 1:1000000 map series, an identifying number of the 5 minute block and a letter identifying the 1 minute sub-block.\n(sec.17-ssec.1) This is how a sub-block is constituted in coastal waters— assume that there is laid over the coastal waters a grid constituted by— lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and lines running along parallels drawn through each degree of latitude and the minutes between those degrees; take a bounded space defined by the grid; the seabed and subsoil within the coastal waters that is under that space is a sub-block.\n(sec.17-ssec.2) The diagram in schedule 2 shows how a sub-block is constituted.\n(sec.17-ssec.3) Each sub-block is identified by giving the name of the plan in the 1:1000000 map series, an identifying number of the 5 minute block and a letter identifying the 1 minute sub-block.\n- (a) assume that there is laid over the coastal waters a grid constituted by— (i) lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and (ii) lines running along parallels drawn through each degree of latitude and the minutes between those degrees;\n- (i) lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and\n- (ii) lines running along parallels drawn through each degree of latitude and the minutes between those degrees;\n- (b) take a bounded space defined by the grid;\n- (c) the seabed and subsoil within the coastal waters that is under that space is a sub-block.\n- (i) lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and\n- (ii) lines running along parallels drawn through each degree of latitude and the minutes between those degrees;","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Reserved sub-block","content":"### sec.18 Reserved sub-block\n\nSubject to subsection (2) , the Minister may declare that a sub-block in coastal waters is a reserved sub-block.\nA reserved sub-block may be put up for tender by the Minister publishing in the Gazette a tender sub-block tenure notice (see sections 74 and 218 ).\nThe Acts Interpretation Act 1954 , section 32C , which provides that in an Act, the singular includes the plural, allows a single declaration under this subsection to be made for 2 or more sub-blocks.\nA declaration under subsection (1) must not be made about a sub-block if—\na tenure over that sub-block is in force; or\nan application for a tenure over that sub-block has been made and has not been decided.\nA declaration under subsection (1) must be made by gazette notice.\n(sec.18-ssec.1) Subject to subsection (2) , the Minister may declare that a sub-block in coastal waters is a reserved sub-block. A reserved sub-block may be put up for tender by the Minister publishing in the Gazette a tender sub-block tenure notice (see sections 74 and 218 ). The Acts Interpretation Act 1954 , section 32C , which provides that in an Act, the singular includes the plural, allows a single declaration under this subsection to be made for 2 or more sub-blocks.\n(sec.18-ssec.2) A declaration under subsection (1) must not be made about a sub-block if— a tenure over that sub-block is in force; or an application for a tenure over that sub-block has been made and has not been decided.\n(sec.18-ssec.3) A declaration under subsection (1) must be made by gazette notice.\n- (a) a tenure over that sub-block is in force; or\n- (b) an application for a tenure over that sub-block has been made and has not been decided.","sortOrder":20},{"sectionNumber":"sec.19","sectionType":"section","heading":"Standard sub-block","content":"### sec.19 Standard sub-block\n\nA standard sub-block is a sub-block that is not the subject of a declaration under section 18 (1) .","sortOrder":21},{"sectionNumber":"sec.20","sectionType":"section","heading":"Tender sub-block","content":"### sec.20 Tender sub-block\n\nA tender sub-block is a sub-block that is the subject of a tender sub-block tenure notice published by the Minister under section 74 or 218 .","sortOrder":22},{"sectionNumber":"sec.21","sectionType":"section","heading":"Discrete area","content":"### sec.21 Discrete area\n\nA group of sub-blocks forms a discrete area if the area formed by the sub-blocks is continuous.\nTwo sub-blocks that are joined at 1 point only do not form a continuous area.\n(sec.21-ssec.1) A group of sub-blocks forms a discrete area if the area formed by the sub-blocks is continuous.\n(sec.21-ssec.2) Two sub-blocks that are joined at 1 point only do not form a continuous area.","sortOrder":23},{"sectionNumber":"sec.22","sectionType":"section","heading":"Minerals","content":"### sec.22 Minerals\n\nA mineral is a naturally occurring substance or a naturally occurring mixture of substances.\nThis Act does not apply to petroleum, see section 35 (Act does not apply to exploration for or recovery of petroleum).\nWithout limiting subsection (1) , a mineral may be in the form of clay, limestone, evaporites, shale, oil-shale or coal.\nHowever, the following are not minerals under this Act—\ncoral limestone;\nsand, gravel and rock.\nSee the Transport Infrastructure Act 1994 , section 153 (Definitions for chapter), definition extractive material .\n(sec.22-ssec.1) A mineral is a naturally occurring substance or a naturally occurring mixture of substances. This Act does not apply to petroleum, see section 35 (Act does not apply to exploration for or recovery of petroleum).\n(sec.22-ssec.2) Without limiting subsection (1) , a mineral may be in the form of clay, limestone, evaporites, shale, oil-shale or coal.\n(sec.22-ssec.3) However, the following are not minerals under this Act— coral limestone; sand, gravel and rock. See the Transport Infrastructure Act 1994 , section 153 (Definitions for chapter), definition extractive material .\n- (a) coral limestone;\n- (b) sand, gravel and rock.","sortOrder":24},{"sectionNumber":"sec.23","sectionType":"section","heading":"Exploration","content":"### sec.23 Exploration\n\nExploration for minerals includes any activity that is directly related to the exploration for minerals.\nExploration does not include the exploration for minerals of the subsoil of coastal waters that is carried out by way of underground mining from land in the State if that exploration is carried out under the Mineral Resources Act 1989 .\n(sec.23-ssec.1) Exploration for minerals includes any activity that is directly related to the exploration for minerals.\n(sec.23-ssec.2) Exploration does not include the exploration for minerals of the subsoil of coastal waters that is carried out by way of underground mining from land in the State if that exploration is carried out under the Mineral Resources Act 1989 .","sortOrder":25},{"sectionNumber":"sec.24","sectionType":"section","heading":"Recovery","content":"### sec.24 Recovery\n\nRecovery of minerals includes any activity that is directly related to the recovery of minerals.\nRecovery does not include the recovery of minerals from the subsoil of coastal waters that is carried out by way of underground mining from land in the State if that exploration is carried out under the Mineral Resources Act 1989 .\n(sec.24-ssec.1) Recovery of minerals includes any activity that is directly related to the recovery of minerals.\n(sec.24-ssec.2) Recovery does not include the recovery of minerals from the subsoil of coastal waters that is carried out by way of underground mining from land in the State if that exploration is carried out under the Mineral Resources Act 1989 .","sortOrder":26},{"sectionNumber":"sec.25","sectionType":"section","heading":"Tenure holder","content":"### sec.25 Tenure holder\n\nA reference to the holder of a tenure or the tenure holder is a reference to the person whose name is entered in the offshore mining register as the person who holds the tenure.\nThis Act is based upon the grant and registration of tenures.\nIf a tenure is granted to a person, that person’s name is entered in the register (see section 333 ).\nThe entry in the register about a tenure will be varied if there is a change in the holder of the tenure (see section 338 (4) ).\nA tenure may be held by more than 1 person.\n(sec.25-ssec.1) A reference to the holder of a tenure or the tenure holder is a reference to the person whose name is entered in the offshore mining register as the person who holds the tenure. This Act is based upon the grant and registration of tenures. If a tenure is granted to a person, that person’s name is entered in the register (see section 333 ). The entry in the register about a tenure will be varied if there is a change in the holder of the tenure (see section 338 (4) ).\n(sec.25-ssec.2) A tenure may be held by more than 1 person.","sortOrder":27},{"sectionNumber":"sec.26","sectionType":"section","heading":"Associates","content":"### sec.26 Associates\n\nThe following are the associates of a tenure holder—\nassociated contractors of the holder;\nassociated agents of the holder;\nassociated agents of associated contractors;\nassociated employees of the holder;\nassociated employees of associated contractors.\nA person is an associated contractor of the holder if—\nthe person enters into an agreement with the holder for carrying out activities under the tenure; or\nthe person enters into an agreement with a person who is an associated contractor under paragraph (a) or this paragraph for carrying out activities under the tenure.\nA person is an associated agent of the holder if the person is the agent of, or acts on behalf of, the holder in relation to carrying out activities under the tenure.\nA person is an associated agent of an associated contractor if the person is the agent of, or acts on behalf of, the associated contractor in relation to carrying out activities under the tenure.\nA person is an associated employee of the holder if the person is employed by the holder and, in the course of that employment, carries out activities under the tenure.\nA person is an associated employee of an associated contractor if the person is employed by the associated contractor and, in the course of that employment, carries out activities under the tenure.\n(sec.26-ssec.1) The following are the associates of a tenure holder— associated contractors of the holder; associated agents of the holder; associated agents of associated contractors; associated employees of the holder; associated employees of associated contractors.\n(sec.26-ssec.2) A person is an associated contractor of the holder if— the person enters into an agreement with the holder for carrying out activities under the tenure; or the person enters into an agreement with a person who is an associated contractor under paragraph (a) or this paragraph for carrying out activities under the tenure.\n(sec.26-ssec.3) A person is an associated agent of the holder if the person is the agent of, or acts on behalf of, the holder in relation to carrying out activities under the tenure.\n(sec.26-ssec.4) A person is an associated agent of an associated contractor if the person is the agent of, or acts on behalf of, the associated contractor in relation to carrying out activities under the tenure.\n(sec.26-ssec.5) A person is an associated employee of the holder if the person is employed by the holder and, in the course of that employment, carries out activities under the tenure.\n(sec.26-ssec.6) A person is an associated employee of an associated contractor if the person is employed by the associated contractor and, in the course of that employment, carries out activities under the tenure.\n- (a) associated contractors of the holder;\n- (b) associated agents of the holder;\n- (c) associated agents of associated contractors;\n- (d) associated employees of the holder;\n- (e) associated employees of associated contractors.\n- (a) the person enters into an agreement with the holder for carrying out activities under the tenure; or\n- (b) the person enters into an agreement with a person who is an associated contractor under paragraph (a) or this paragraph for carrying out activities under the tenure.","sortOrder":28},{"sectionNumber":"sec.27","sectionType":"section","heading":"Confidential information","content":"### sec.27 Confidential information\n\nInformation is confidential information if—\na tenure holder has given it to the Minister; and\nit is in a record, return, report or document; and\nit relates to activities authorised by the tenure; and\nit relates to an area of the seabed or subsoil that is covered by the tenure or a successor tenure to the tenure.\nHowever, if—\na person is required to give the Minister a report about particular sub-blocks; and\nthe person gives the Minister a report that relates not only to those sub-blocks but also to other sub-blocks; and\nthe Minister is required to make the report available under section 376 ;\nthe information that relates to those other sub-blocks is not confidential information.\n(sec.27-ssec.1) Information is confidential information if— a tenure holder has given it to the Minister; and it is in a record, return, report or document; and it relates to activities authorised by the tenure; and it relates to an area of the seabed or subsoil that is covered by the tenure or a successor tenure to the tenure.\n(sec.27-ssec.2) However, if— a person is required to give the Minister a report about particular sub-blocks; and the person gives the Minister a report that relates not only to those sub-blocks but also to other sub-blocks; and the Minister is required to make the report available under section 376 ; the information that relates to those other sub-blocks is not confidential information.\n- (a) a tenure holder has given it to the Minister; and\n- (b) it is in a record, return, report or document; and\n- (c) it relates to activities authorised by the tenure; and\n- (d) it relates to an area of the seabed or subsoil that is covered by the tenure or a successor tenure to the tenure.\n- (a) a person is required to give the Minister a report about particular sub-blocks; and\n- (b) the person gives the Minister a report that relates not only to those sub-blocks but also to other sub-blocks; and\n- (c) the Minister is required to make the report available under section 376 ;","sortOrder":29},{"sectionNumber":"sec.28","sectionType":"section","heading":"Confidential sample","content":"### sec.28 Confidential sample\n\nA sample is a confidential sample if—\na tenure holder has given it to the Minister; and\nit was recovered in the course of activities authorised by the tenure; and\nit was recovered from an area of the seabed or subsoil that is covered by the tenure or a successor tenure to the tenure.\n- (a) a tenure holder has given it to the Minister; and\n- (b) it was recovered in the course of activities authorised by the tenure; and\n- (c) it was recovered from an area of the seabed or subsoil that is covered by the tenure or a successor tenure to the tenure.","sortOrder":30},{"sectionNumber":"ch.1-pt.1.3","sectionType":"part","heading":"Administration of the Commonwealth–State offshore area","content":"# Administration of the Commonwealth–State offshore area","sortOrder":31},{"sectionNumber":"sec.29","sectionType":"section","heading":"Definitions","content":"### sec.29 Definitions\n\nIn this part—\nCommonwealth–State offshore area means the Commonwealth–State offshore area for the State under the Commonwealth Act, section 13 .\nThe diagram in schedule 3 illustrates the Commonwealth–State offshore area.","sortOrder":32},{"sectionNumber":"sec.30","sectionType":"section","heading":"Minister as member of Joint Authority, or as Designated Authority","content":"### sec.30 Minister as member of Joint Authority, or as Designated Authority\n\nThe Minister may perform any function that the Minister has under the Commonwealth Act or an associated revenue Act—\nas a member of the Joint Authority for the Commonwealth–State offshore area provided for by the Commonwealth Act, section 32 (2) ; or\nas the Designated Authority for that area provided for by the Commonwealth Act, section 29 (2) .\nThe Minister must perform any such function that the Minister is required to perform by the Commonwealth Act or an associated revenue Act.\n(sec.30-ssec.1) The Minister may perform any function that the Minister has under the Commonwealth Act or an associated revenue Act— as a member of the Joint Authority for the Commonwealth–State offshore area provided for by the Commonwealth Act, section 32 (2) ; or as the Designated Authority for that area provided for by the Commonwealth Act, section 29 (2) .\n(sec.30-ssec.2) The Minister must perform any such function that the Minister is required to perform by the Commonwealth Act or an associated revenue Act.\n- (a) as a member of the Joint Authority for the Commonwealth–State offshore area provided for by the Commonwealth Act, section 32 (2) ; or\n- (b) as the Designated Authority for that area provided for by the Commonwealth Act, section 29 (2) .","sortOrder":33},{"sectionNumber":"sec.31","sectionType":"section","heading":"State officer acting under delegation","content":"### sec.31 State officer acting under delegation\n\nAn officer of the public service to whom a delegation is made under the Commonwealth Act, section 419 may perform any function that the officer has under that delegation and must perform any such function that the officer is required to perform under the Commonwealth Act.","sortOrder":34},{"sectionNumber":"sec.32-34","sectionType":"section","heading":"Section numbers not used","content":"### sec.32-34 Section numbers not used\n\nSee note 2 to section 3 (1) .","sortOrder":35},{"sectionNumber":"ch.1-pt.1.4","sectionType":"part","heading":"Application of this Act","content":"# Application of this Act","sortOrder":36},{"sectionNumber":"sec.35","sectionType":"section","heading":"Act does not apply to exploration for or recovery of petroleum","content":"### sec.35 Act does not apply to exploration for or recovery of petroleum\n\nThis Act does not apply to the exploration for or recovery of petroleum.\nOffshore petroleum exploration and mining are regulated by the Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982 .\nFor petroleum , see schedule 5 (Dictionary).","sortOrder":37},{"sectionNumber":"sec.36","sectionType":"section","heading":"Section number not used","content":"### sec.36 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":38},{"sectionNumber":"sec.37","sectionType":"section","heading":"Act applies to all individuals and corporations","content":"### sec.37 Act applies to all individuals and corporations\n\nThis Act applies to all individuals, including—\nindividuals who are not Australian citizens; and\nindividuals who are not resident in Queensland.\nThis Act applies to all corporations, including—\ncorporations that are not incorporated in Queensland; and\ncorporations that do not carry on business in Queensland; and\na company that, under the Corporations Act , is taken to be registered other than in Queensland.\nThe Penalties and Sentences Act 1992 , section 181B provides that the maximum fine for a corporation is 5 times the maximum fine for an individual.\ns 37 amd 2001 No. 45 s 29 sch 3\n(sec.37-ssec.1) This Act applies to all individuals, including— individuals who are not Australian citizens; and individuals who are not resident in Queensland.\n(sec.37-ssec.2) This Act applies to all corporations, including— corporations that are not incorporated in Queensland; and corporations that do not carry on business in Queensland; and a company that, under the Corporations Act , is taken to be registered other than in Queensland. The Penalties and Sentences Act 1992 , section 181B provides that the maximum fine for a corporation is 5 times the maximum fine for an individual.\n- (a) individuals who are not Australian citizens; and\n- (b) individuals who are not resident in Queensland.\n- (a) corporations that are not incorporated in Queensland; and\n- (b) corporations that do not carry on business in Queensland; and\n- (c) a company that, under the Corporations Act , is taken to be registered other than in Queensland.","sortOrder":39},{"sectionNumber":"ch.2-pt.2.1","sectionType":"part","heading":"General","content":"# General","sortOrder":40},{"sectionNumber":"sec.38","sectionType":"section","heading":"General prohibition on exploring and mining without appropriate authorisation","content":"### sec.38 General prohibition on exploring and mining without appropriate authorisation\n\nA person must not—\nexplore for minerals in coastal waters; or\nrecover minerals from coastal waters;\nunless the exploration or recovery is authorised by a tenure or special purpose consent granted under this Act.\nMaximum penalty—400 penalty units.\nA works licence may be necessary because exploration includes activities that are directly related to exploration (see section 23 (1) ) and recovery includes activities that are directly related to recovery (see section 24 (1) ).\nThis provision is an executive liability provision—see section 443 .\ns 38 amd 2013 No. 51 s 229 sch 1\n- (a) explore for minerals in coastal waters; or\n- (b) recover minerals from coastal waters;\n- 1 A works licence may be necessary because exploration includes activities that are directly related to exploration (see section 23 (1) ) and recovery includes activities that are directly related to recovery (see section 24 (1) ).\n- 2 This provision is an executive liability provision—see section 443 .","sortOrder":41},{"sectionNumber":"sec.39","sectionType":"section","heading":"Tenure and consents available under this Act","content":"### sec.39 Tenure and consents available under this Act\n\nThis Act provides for the grant of—\nexploration permits; and\nmineral development licences; and\nmining leases; and\nworks licences; and\nspecial purpose consents.\nAn exploration permit is designed to cover the exploration phase of a project and authorises—\nexploration; and\nthe recovery of mineral samples.\nA mineral development licence is designed to ensure the retention of rights pending the transition of a project from the exploration phase to the commercial mining phase and authorises—\nexploration; and\nthe recovery of minerals but not as part of a commercial mining operation.\nA mining lease is designed to cover the commercial mining phase of a project and authorises—\nexploration; and\nfull commercial recovery.\nA project might make use of any of the following 3 tenure arrangements—\nan exploration permit leading to a mining lease;\nan exploration permit leading to a mineral development licence and then a mining lease;\na mining lease (without progressing through an exploration permit/mineral development licence stage).\nA tenure is granted over a particular area (constituted by sub-blocks). The tenure holder may need to carry out engineering or other activities outside the tenure area. If so, the tenure holder or someone else must obtain a works licence to carry out those activities.\nIf a person wants to carry out—\na scientific investigation; or\na reconnaissance survey; or\nthe collection of only small amounts of minerals;\nin coastal waters, the person must obtain a special purpose consent under part 2.6 to carry out the activity.\nEven though a person has a tenure or special purpose consent, the person must not interfere unnecessarily with navigation, native title, fishing, resource conservation or other activities in the area (see section 44 ).\n- (a) exploration permits; and\n- (b) mineral development licences; and\n- (c) mining leases; and\n- (d) works licences; and\n- (e) special purpose consents.\n- • exploration; and\n- • the recovery of mineral samples.\n- • exploration; and\n- • the recovery of minerals but not as part of a commercial mining operation.\n- • exploration; and\n- • full commercial recovery.\n- • an exploration permit leading to a mining lease;\n- • an exploration permit leading to a mineral development licence and then a mining lease;\n- • a mining lease (without progressing through an exploration permit/mineral development licence stage).\n- • a scientific investigation; or\n- • a reconnaissance survey; or\n- • the collection of only small amounts of minerals; in coastal waters, the person must obtain a special purpose consent under part 2.6 to carry out the activity.","sortOrder":42},{"sectionNumber":"sec.40","sectionType":"section","heading":"Steps involved in the grant of a fully effective tenure","content":"### sec.40 Steps involved in the grant of a fully effective tenure\n\nThe following 3 steps must happen before a tenure comes into force—\nprovisional grant of the tenure;\nproper acceptance of the grant;\nregistration of the grant.\nSee sections 88 , 154 , 232 and 286 .\nIf a tenure is provisionally granted to a person, the person must do the following to properly accept the grant—\ngive the Minister a written acceptance;\nlodge any security that the Minister has required;\npay the fee that is payable under section 425 .\nSee sections 70 , 84 , 151 , 214 , 228 and 283 .\nThe following 3 steps must occur before a renewal of a tenure comes into force—\nprovisional renewal of the tenure;\nproper acceptance of the renewal;\nregistration of the renewal.\nSee sections 89 , 155 , 233 and 287 .\nIf a tenure is provisionally renewed, the holder must do the following to properly accept the renewal—\ngive the Minister a written acceptance of the renewal;\nlodge any security that the Minister has required;\npay the fee that is payable under section 425 .\nSee sections 114 , 173 , 250 and 300 .\n(sec.40-ssec.1) The following 3 steps must happen before a tenure comes into force— provisional grant of the tenure; proper acceptance of the grant; registration of the grant. See sections 88 , 154 , 232 and 286 .\n(sec.40-ssec.2) If a tenure is provisionally granted to a person, the person must do the following to properly accept the grant— give the Minister a written acceptance; lodge any security that the Minister has required; pay the fee that is payable under section 425 . See sections 70 , 84 , 151 , 214 , 228 and 283 .\n(sec.40-ssec.3) The following 3 steps must occur before a renewal of a tenure comes into force— provisional renewal of the tenure; proper acceptance of the renewal; registration of the renewal. See sections 89 , 155 , 233 and 287 .\n(sec.40-ssec.4) If a tenure is provisionally renewed, the holder must do the following to properly accept the renewal— give the Minister a written acceptance of the renewal; lodge any security that the Minister has required; pay the fee that is payable under section 425 . See sections 114 , 173 , 250 and 300 .\n- (a) provisional grant of the tenure;\n- (b) proper acceptance of the grant;\n- (c) registration of the grant.\n- (a) give the Minister a written acceptance;\n- (b) lodge any security that the Minister has required;\n- (c) pay the fee that is payable under section 425 .\n- (a) provisional renewal of the tenure;\n- (b) proper acceptance of the renewal;\n- (c) registration of the renewal.\n- (a) give the Minister a written acceptance of the renewal;\n- (b) lodge any security that the Minister has required;\n- (c) pay the fee that is payable under section 425 .","sortOrder":43},{"sectionNumber":"sec.41","sectionType":"section","heading":"Approval of form of applications etc.","content":"### sec.41 Approval of form of applications etc.\n\nThe Minister may approve the form and the way in which the following are to be made—\napplications for tenures over sub-blocks in coastal waters;\napplications for the renewal of tenures over sub-blocks in coastal waters.\nAn approval under subsection (1) must be made in writing.\n(sec.41-ssec.1) The Minister may approve the form and the way in which the following are to be made— applications for tenures over sub-blocks in coastal waters; applications for the renewal of tenures over sub-blocks in coastal waters.\n(sec.41-ssec.2) An approval under subsection (1) must be made in writing.\n- (a) applications for tenures over sub-blocks in coastal waters;\n- (b) applications for the renewal of tenures over sub-blocks in coastal waters.","sortOrder":44},{"sectionNumber":"sec.42","sectionType":"section","heading":"Rights to minerals recovered","content":"### sec.42 Rights to minerals recovered\n\nAny minerals recovered by a tenure holder or special purpose consent holder from a sub-block covered by the tenure or consent become the property of the holder when they are recovered.\nIf the tenure or consent authorises the exploration for and the recovery of minerals only of a particular kind, subsection (1) only applies to the recovery of minerals of that kind.\nSubsection (1) does not apply to the recovery of minerals by a works licence holder.\nThe minerals recovered are not subject to the rights of any other person.\nSubsection (4) does not apply to rights that the tenure or consent holder transfers to the other person.\n(sec.42-ssec.1) Any minerals recovered by a tenure holder or special purpose consent holder from a sub-block covered by the tenure or consent become the property of the holder when they are recovered.\n(sec.42-ssec.2) If the tenure or consent authorises the exploration for and the recovery of minerals only of a particular kind, subsection (1) only applies to the recovery of minerals of that kind.\n(sec.42-ssec.3) Subsection (1) does not apply to the recovery of minerals by a works licence holder.\n(sec.42-ssec.4) The minerals recovered are not subject to the rights of any other person.\n(sec.42-ssec.5) Subsection (4) does not apply to rights that the tenure or consent holder transfers to the other person.","sortOrder":45},{"sectionNumber":"sec.43","sectionType":"section","heading":"Effect of grant of tenure or special purpose consent on native title","content":"### sec.43 Effect of grant of tenure or special purpose consent on native title\n\nThe grant of a tenure or special purpose consent does not extinguish native title in the tenure or consent area.\nWhile a tenure or special purpose consent is in force over an area, native title in the area is subject to the rights conferred by the tenure or consent.\nIf compensation is payable under the Native Title Act 1993 (Cwlth) , section 23 (4) in relation to the grant of a tenure or special purpose consent, the person who applied for the grant must, for section 23 (5) (b) of that Act, pay the compensation.\n(sec.43-ssec.1) The grant of a tenure or special purpose consent does not extinguish native title in the tenure or consent area.\n(sec.43-ssec.2) While a tenure or special purpose consent is in force over an area, native title in the area is subject to the rights conferred by the tenure or consent.\n(sec.43-ssec.3) If compensation is payable under the Native Title Act 1993 (Cwlth) , section 23 (4) in relation to the grant of a tenure or special purpose consent, the person who applied for the grant must, for section 23 (5) (b) of that Act, pay the compensation.","sortOrder":46},{"sectionNumber":"sec.44","sectionType":"section","heading":"Tenure etc. does not authorise unnecessary interference with other activities in the tenure area","content":"### sec.44 Tenure etc. does not authorise unnecessary interference with other activities in the tenure area\n\nA person who carries out activities in coastal waters under a tenure or special purpose consent granted under this Act must not do so in a way that interferes with—\nnavigation; or\nthe exercise of native title rights and interests; or\nfishing; or\nthe conservation of the resources of the sea or the seabed; or\nany activities that someone else is lawfully carrying out;\nto a greater extent than is necessary for—\nthe reasonable exercise of the person’s rights under the tenure or consent; or\nthe performance of the person’s duties under the tenure or consent.\nMaximum penalty—134 penalty units.\nThe person referred to here might be the tenure or consent holder or might be an associated person.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\ns 44 amd 2013 No. 51 s 229 sch 1\n- (a) navigation; or\n- (b) the exercise of native title rights and interests; or\n- (c) fishing; or\n- (d) the conservation of the resources of the sea or the seabed; or\n- (e) any activities that someone else is lawfully carrying out;\n- (f) the reasonable exercise of the person’s rights under the tenure or consent; or\n- (g) the performance of the person’s duties under the tenure or consent.","sortOrder":47},{"sectionNumber":"ch.2-pt.2.2","sectionType":"part","heading":"Exploration permits","content":"# Exploration permits","sortOrder":48},{"sectionNumber":"ch.2-pt.2.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":49},{"sectionNumber":"sec.45","sectionType":"section","heading":"Exploration permits","content":"### sec.45 Exploration permits\n\nThis part provides for the grant of exploration permits over sub-blocks in coastal waters.\nAn exploration permit may be granted over a standard sub-block or over a tender sub-block.\nA tender sub-block is a sub-block that has been declared available for tender. A standard sub-block is any sub-block that is not a reserved sub-block (see sections 19 and 20 ).\nSee division 2 (Application for a grant of exploration permit over standard sub-blocks) or division 3 (Application for and grant of exploration permit over tender sub-block).\n(sec.45-ssec.1) This part provides for the grant of exploration permits over sub-blocks in coastal waters.\n(sec.45-ssec.2) An exploration permit may be granted over a standard sub-block or over a tender sub-block. A tender sub-block is a sub-block that has been declared available for tender. A standard sub-block is any sub-block that is not a reserved sub-block (see sections 19 and 20 ). See division 2 (Application for a grant of exploration permit over standard sub-blocks) or division 3 (Application for and grant of exploration permit over tender sub-block).","sortOrder":50},{"sectionNumber":"sec.46","sectionType":"section","heading":"Activities authorised by an exploration permit","content":"### sec.46 Activities authorised by an exploration permit\n\nSubject to subsection (2) , an exploration permit holder may—\nexplore for minerals in the tenure area; and\ntake samples of minerals in the tenure area.\nUnder section 23 (1) the concept of exploration extends to activities that are directly related to exploration.\nIf the tenure is expressed to restrict the kind of minerals covered by the tenure, the holder is not permitted to explore for, or to take samples of, minerals not covered by the tenure.\nA restriction on the kind of minerals covered by the tenure may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).\nFor subsection (2) , the holder does not take samples of an excluded mineral if, in the course of exploring for, or taking samples of, another mineral, the holder recovers some excluded mineral.\n(sec.46-ssec.1) Subject to subsection (2) , an exploration permit holder may— explore for minerals in the tenure area; and take samples of minerals in the tenure area. Under section 23 (1) the concept of exploration extends to activities that are directly related to exploration.\n(sec.46-ssec.2) If the tenure is expressed to restrict the kind of minerals covered by the tenure, the holder is not permitted to explore for, or to take samples of, minerals not covered by the tenure.\n(sec.46-ssec.3) A restriction on the kind of minerals covered by the tenure may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).\n(sec.46-ssec.4) For subsection (2) , the holder does not take samples of an excluded mineral if, in the course of exploring for, or taking samples of, another mineral, the holder recovers some excluded mineral.\n- (a) explore for minerals in the tenure area; and\n- (b) take samples of minerals in the tenure area.","sortOrder":51},{"sectionNumber":"sec.47","sectionType":"section","heading":"Minister may cancel or not renew exploration permit without compensation","content":"### sec.47 Minister may cancel or not renew exploration permit without compensation\n\nNo compensation is payable because of the cancellation or non-renewal of an exploration permit by the Minister.\nThe Minister may cancel the tenure under section 130 .\nThe Minister may refuse to renew the tenure under section 108 .","sortOrder":52},{"sectionNumber":"sec.48","sectionType":"section","heading":"Tenure rights may be suspended","content":"### sec.48 Tenure rights may be suspended\n\nThe Minister must suspend particular rights conferred by an exploration permit if the Minister is satisfied that it is necessary in the public interest to do so.\nThe Minister may suspend rights under subsection (1) for a specified period or for an indefinite period.\nThe Minister may end a suspension at any time.\nA suspension or the ending of a suspension must be in writing.\nIf the Minister—\nsuspends rights conferred by an exploration permit; or\nends a suspension;\nthe Minister must give the tenure holder a notice that informs the holder of the suspension or the ending of the suspension.\nSee section 122 for the effect of the suspension on the obligations associated with the tenure.\nA suspension takes effect when—\nthe holder has been given notice of the suspension under subsection (5) ; and\nthe suspension has been registered under section 337 .\n(sec.48-ssec.1) The Minister must suspend particular rights conferred by an exploration permit if the Minister is satisfied that it is necessary in the public interest to do so.\n(sec.48-ssec.2) The Minister may suspend rights under subsection (1) for a specified period or for an indefinite period.\n(sec.48-ssec.3) The Minister may end a suspension at any time.\n(sec.48-ssec.4) A suspension or the ending of a suspension must be in writing.\n(sec.48-ssec.5) If the Minister— suspends rights conferred by an exploration permit; or ends a suspension; the Minister must give the tenure holder a notice that informs the holder of the suspension or the ending of the suspension. See section 122 for the effect of the suspension on the obligations associated with the tenure.\n(sec.48-ssec.6) A suspension takes effect when— the holder has been given notice of the suspension under subsection (5) ; and the suspension has been registered under section 337 .\n- (a) suspends rights conferred by an exploration permit; or\n- (b) ends a suspension;\n- (a) the holder has been given notice of the suspension under subsection (5) ; and\n- (b) the suspension has been registered under section 337 .","sortOrder":53},{"sectionNumber":"sec.49","sectionType":"section","heading":"Compensation for acquisition of property due to suspension of rights","content":"### sec.49 Compensation for acquisition of property due to suspension of rights\n\nIf—\nthe Minister suspends tenure rights under section 48 ; and\nthe suspension results in the acquisition of property from a person; and\nthe State and the person agree on an amount of compensation for the acquisition;\nthe State must pay the person the agreed amount of compensation.\nIf—\nthe Minister suspends tenure rights under section 48 ; and\nthe suspension results in the acquisition of property from a person; and\nthe State and the person do not agree on an amount of compensation for the acquisition; and\nthe person brings an action for compensation against the State in the Wardens Court;\nthe State must pay the person the amount of compensation (if any) that is decided by the court.\nIn this section—\nacquisition of property see the Commonwealth Constitution, section 51 (xxxi) .\n(sec.49-ssec.1) If— the Minister suspends tenure rights under section 48 ; and the suspension results in the acquisition of property from a person; and the State and the person agree on an amount of compensation for the acquisition; the State must pay the person the agreed amount of compensation.\n(sec.49-ssec.2) If— the Minister suspends tenure rights under section 48 ; and the suspension results in the acquisition of property from a person; and the State and the person do not agree on an amount of compensation for the acquisition; and the person brings an action for compensation against the State in the Wardens Court; the State must pay the person the amount of compensation (if any) that is decided by the court.\n(sec.49-ssec.3) In this section— acquisition of property see the Commonwealth Constitution, section 51 (xxxi) .\n- (a) the Minister suspends tenure rights under section 48 ; and\n- (b) the suspension results in the acquisition of property from a person; and\n- (c) the State and the person agree on an amount of compensation for the acquisition;\n- (a) the Minister suspends tenure rights under section 48 ; and\n- (b) the suspension results in the acquisition of property from a person; and\n- (c) the State and the person do not agree on an amount of compensation for the acquisition; and\n- (d) the person brings an action for compensation against the State in the Wardens Court;","sortOrder":54},{"sectionNumber":"ch.2-pt.2.2-div.2","sectionType":"division","heading":"Application for and grant of exploration permit over standard sub-blocks","content":"## Application for and grant of exploration permit over standard sub-blocks","sortOrder":55},{"sectionNumber":"sec.50","sectionType":"section","heading":"Application for exploration permit over standard sub-block","content":"### sec.50 Application for exploration permit over standard sub-block\n\nA person may apply to the Minister for an exploration permit over a standard sub-block if—\nthe sub-block is vacant; and\nthe sub-block is not excluded.\nFor excluded sub-blocks see section 51 .\nA standard sub-block is vacant if no exploration permit, mineral development licence or mining lease is in force over the sub-block.\nA person may apply for an exploration permit over a group of standard sub-blocks if—\nthe group forms a discrete area; and\nthere are not more than 500 sub-blocks in the group.\nThe Minister may, in certain circumstances, allow an application to be made for an exploration permit covering up to 3 discrete areas (see section 53 ).\n(sec.50-ssec.1) A person may apply to the Minister for an exploration permit over a standard sub-block if— the sub-block is vacant; and the sub-block is not excluded. For excluded sub-blocks see section 51 .\n(sec.50-ssec.2) A standard sub-block is vacant if no exploration permit, mineral development licence or mining lease is in force over the sub-block.\n(sec.50-ssec.3) A person may apply for an exploration permit over a group of standard sub-blocks if— the group forms a discrete area; and there are not more than 500 sub-blocks in the group. The Minister may, in certain circumstances, allow an application to be made for an exploration permit covering up to 3 discrete areas (see section 53 ).\n- (a) the sub-block is vacant; and\n- (b) the sub-block is not excluded.\n- (a) the group forms a discrete area; and\n- (b) there are not more than 500 sub-blocks in the group.","sortOrder":56},{"sectionNumber":"sec.51","sectionType":"section","heading":"Excluded sub-blocks","content":"### sec.51 Excluded sub-blocks\n\nA sub-block is excluded if—\nan exploration permit over the sub-block has been surrendered or cancelled; and\na period of 30 days after the day on which the tenure was surrendered or cancelled has not ended.\nA sub-block is excluded for a particular applicant if—\nthe applicant previously applied for an exploration permit over the sub-block; and\nthe application was refused; and\na period of 6 months after the day on which the previous application was refused has not ended.\nA sub-block is excluded for a particular applicant if—\nthe applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and\nthat previous tenure was surrendered or cancelled; and\na period of 6 months after the day on which the previous tenure was surrendered or cancelled has not ended.\nA sub-block is excluded for a particular applicant if—\nthe applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and\nthe holder was—\nrequired by the tenure conditions; or\ngiven a direction under section 387 or 392 ;\nto provide the Minister with information; and\nthe holder provided the information; and\nthe holder surrendered the tenure; and\na period of 6 months from the day on which the holder provided the information has not ended.\n(sec.51-ssec.1) A sub-block is excluded if— an exploration permit over the sub-block has been surrendered or cancelled; and a period of 30 days after the day on which the tenure was surrendered or cancelled has not ended.\n(sec.51-ssec.2) A sub-block is excluded for a particular applicant if— the applicant previously applied for an exploration permit over the sub-block; and the application was refused; and a period of 6 months after the day on which the previous application was refused has not ended.\n(sec.51-ssec.3) A sub-block is excluded for a particular applicant if— the applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and that previous tenure was surrendered or cancelled; and a period of 6 months after the day on which the previous tenure was surrendered or cancelled has not ended.\n(sec.51-ssec.4) A sub-block is excluded for a particular applicant if— the applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and the holder was— required by the tenure conditions; or given a direction under section 387 or 392 ; to provide the Minister with information; and the holder provided the information; and the holder surrendered the tenure; and a period of 6 months from the day on which the holder provided the information has not ended.\n- (a) an exploration permit over the sub-block has been surrendered or cancelled; and\n- (b) a period of 30 days after the day on which the tenure was surrendered or cancelled has not ended.\n- (a) the applicant previously applied for an exploration permit over the sub-block; and\n- (b) the application was refused; and\n- (c) a period of 6 months after the day on which the previous application was refused has not ended.\n- (a) the applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and\n- (b) that previous tenure was surrendered or cancelled; and\n- (c) a period of 6 months after the day on which the previous tenure was surrendered or cancelled has not ended.\n- (a) the applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and\n- (b) the holder was— (i) required by the tenure conditions; or (ii) given a direction under section 387 or 392 ;\n- (i) required by the tenure conditions; or\n- (ii) given a direction under section 387 or 392 ;\n- (i) required by the tenure conditions; or\n- (ii) given a direction under section 387 or 392 ;\n- (c) the holder provided the information; and\n- (d) the holder surrendered the tenure; and\n- (e) a period of 6 months from the day on which the holder provided the information has not ended.","sortOrder":57},{"sectionNumber":"sec.52","sectionType":"section","heading":"Minister may decide that excluded sub-block is available","content":"### sec.52 Minister may decide that excluded sub-block is available\n\nA person who wants to apply for an exploration permit over a sub-block that is excluded may apply to the Minister for a decision under subsection (2) .\nThe Minister may decide that the person may apply for the tenure over the sub-block despite section 51 .\nThe decision must be made in writing.\n(sec.52-ssec.1) A person who wants to apply for an exploration permit over a sub-block that is excluded may apply to the Minister for a decision under subsection (2) .\n(sec.52-ssec.2) The Minister may decide that the person may apply for the tenure over the sub-block despite section 51 .\n(sec.52-ssec.3) The decision must be made in writing.","sortOrder":58},{"sectionNumber":"sec.53","sectionType":"section","heading":"Minister may allow application for more than one discrete area","content":"### sec.53 Minister may allow application for more than one discrete area\n\nIf—\na person (the first applicant ) applies for an exploration permit; and\nanother person (the second applicant ) subsequently applies for an exploration permit for a group of sub-blocks that includes a sub-block covered by the application made by the first applicant; and\nan exploration permit is then granted to the first applicant; and\nas a result of the grant, the sub-blocks for which the second applicant can be granted an exploration permit no longer form a discrete area;\nthe second applicant may apply to the Minister for approval for the application to proceed even though the sub-blocks it covers no longer form a discrete area.\nSee also section 59 .\nSubject to subsection (3) , the Minister may approve the application proceeding even though the sub-blocks that the application covers do not form a discrete area.\nThe Minister may give an approval under subsection (2) only if the sub-blocks covered by the application form not more than 3 discrete areas.\n(sec.53-ssec.1) If— a person (the first applicant ) applies for an exploration permit; and another person (the second applicant ) subsequently applies for an exploration permit for a group of sub-blocks that includes a sub-block covered by the application made by the first applicant; and an exploration permit is then granted to the first applicant; and as a result of the grant, the sub-blocks for which the second applicant can be granted an exploration permit no longer form a discrete area; the second applicant may apply to the Minister for approval for the application to proceed even though the sub-blocks it covers no longer form a discrete area. See also section 59 .\n(sec.53-ssec.2) Subject to subsection (3) , the Minister may approve the application proceeding even though the sub-blocks that the application covers do not form a discrete area.\n(sec.53-ssec.3) The Minister may give an approval under subsection (2) only if the sub-blocks covered by the application form not more than 3 discrete areas.\n- (a) a person (the first applicant ) applies for an exploration permit; and\n- (b) another person (the second applicant ) subsequently applies for an exploration permit for a group of sub-blocks that includes a sub-block covered by the application made by the first applicant; and\n- (c) an exploration permit is then granted to the first applicant; and\n- (d) as a result of the grant, the sub-blocks for which the second applicant can be granted an exploration permit no longer form a discrete area;","sortOrder":59},{"sectionNumber":"sec.54","sectionType":"section","heading":"How to apply","content":"### sec.54 How to apply\n\nThe application must—\nbe made in accordance with the approved form; and\nbe made in the approved way; and\nspecify the sub-blocks for which the application is made; and\ninclude details of—\nthe activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and\nthe amount of money that the applicant intends to spend on those activities; and\nthe technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\nthe technical advice available to the applicant; and\nthe financial resources available to the applicant; and\nif the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and\nbe accompanied by maps that—\nrelate to the sub-blocks; and\ncomply with the regulations; and\nspecify an address for service of notices under this Act and the regulations.\nFor paragraphs (a) and (b) see section 41 .\nParagraph (c) : the Minister may, after consulting the applicant, vary the sub-blocks applied for (see section 59 ).\nThe applicant may include in the application any other information that the applicant considers relevant.\n(sec.54-ssec.1) The application must— be made in accordance with the approved form; and be made in the approved way; and specify the sub-blocks for which the application is made; and include details of— the activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and the amount of money that the applicant intends to spend on those activities; and the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and the technical advice available to the applicant; and the financial resources available to the applicant; and if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and be accompanied by maps that— relate to the sub-blocks; and comply with the regulations; and specify an address for service of notices under this Act and the regulations. For paragraphs (a) and (b) see section 41 . Paragraph (c) : the Minister may, after consulting the applicant, vary the sub-blocks applied for (see section 59 ).\n(sec.54-ssec.2) The applicant may include in the application any other information that the applicant considers relevant.\n- (a) be made in accordance with the approved form; and\n- (b) be made in the approved way; and\n- (c) specify the sub-blocks for which the application is made; and\n- (d) include details of— (i) the activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and (ii) the amount of money that the applicant intends to spend on those activities; and (iii) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and (iv) the technical advice available to the applicant; and (v) the financial resources available to the applicant; and (vi) if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and\n- (i) the activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and\n- (ii) the amount of money that the applicant intends to spend on those activities; and\n- (iii) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\n- (iv) the technical advice available to the applicant; and\n- (v) the financial resources available to the applicant; and\n- (vi) if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and\n- (e) be accompanied by maps that— (i) relate to the sub-blocks; and (ii) comply with the regulations; and\n- (i) relate to the sub-blocks; and\n- (ii) comply with the regulations; and\n- (f) specify an address for service of notices under this Act and the regulations.\n- (i) the activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and\n- (ii) the amount of money that the applicant intends to spend on those activities; and\n- (iii) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\n- (iv) the technical advice available to the applicant; and\n- (v) the financial resources available to the applicant; and\n- (vi) if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and\n- (i) relate to the sub-blocks; and\n- (ii) comply with the regulations; and","sortOrder":60},{"sectionNumber":"sec.55","sectionType":"section","heading":"Effect of inclusion of unavailable sub-block in application","content":"### sec.55 Effect of inclusion of unavailable sub-block in application\n\nIf—\na person applies for a tenure over a group of standard sub-blocks; and\nbecause of section 18 , 50 or 51 , an exploration permit can not be granted over 1 or more of the sub-blocks in the group;\nthe Minister may still deal with the application to the extent to which the application covers sub-blocks for which an exploration permit can be granted.\nAn exploration permit can not be granted over a sub-block that is not vacant or is excluded (see sections 50 and 51 ) or over a reserved sub-block (see section 18 ).\n- (a) a person applies for a tenure over a group of standard sub-blocks; and\n- (b) because of section 18 , 50 or 51 , an exploration permit can not be granted over 1 or more of the sub-blocks in the group;","sortOrder":61},{"sectionNumber":"sec.56","sectionType":"section","heading":"Payment of fee","content":"### sec.56 Payment of fee\n\nThe applicant must pay the application fee prescribed under a regulation.\nThe fee must be paid when the application is made.\nThe Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.\n(sec.56-ssec.1) The applicant must pay the application fee prescribed under a regulation.\n(sec.56-ssec.2) The fee must be paid when the application is made.\n(sec.56-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.","sortOrder":62},{"sectionNumber":"sec.57","sectionType":"section","heading":"Application must be advertised","content":"### sec.57 Application must be advertised\n\nThe applicant must advertise the application in a newspaper circulating throughout the State.\nThe advertisement must contain—\nthe applicant’s name and address; and\na map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and\nthe address of the Minister; and\na statement that—\nthe applicant has applied for an exploration permit over the sub-blocks described in the notice; and\ninvites comment from the public on the application; and\nrequests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\nThe advertisement must be published—\nas soon as possible after the applicant makes the application; and\nin any case, subject to subsection (4) , within 14 days after the day on which the applicant makes the application.\nIf—\nthe applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\nthe Minister extends the period;\nthe advertisement must be published within the period as extended by the Minister.\n(sec.57-ssec.1) The applicant must advertise the application in a newspaper circulating throughout the State.\n(sec.57-ssec.2) The advertisement must contain— the applicant’s name and address; and a map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and the address of the Minister; and a statement that— the applicant has applied for an exploration permit over the sub-blocks described in the notice; and invites comment from the public on the application; and requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n(sec.57-ssec.3) The advertisement must be published— as soon as possible after the applicant makes the application; and in any case, subject to subsection (4) , within 14 days after the day on which the applicant makes the application.\n(sec.57-ssec.4) If— the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and the Minister extends the period; the advertisement must be published within the period as extended by the Minister.\n- (a) the applicant’s name and address; and\n- (b) a map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and\n- (c) the address of the Minister; and\n- (d) a statement that— (i) the applicant has applied for an exploration permit over the sub-blocks described in the notice; and (ii) invites comment from the public on the application; and (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (i) the applicant has applied for an exploration permit over the sub-blocks described in the notice; and\n- (ii) invites comment from the public on the application; and\n- (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (i) the applicant has applied for an exploration permit over the sub-blocks described in the notice; and\n- (ii) invites comment from the public on the application; and\n- (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (a) as soon as possible after the applicant makes the application; and\n- (b) in any case, subject to subsection (4) , within 14 days after the day on which the applicant makes the application.\n- (a) the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\n- (b) the Minister extends the period;","sortOrder":63},{"sectionNumber":"sec.58","sectionType":"section","heading":"How multiple applications are dealt with","content":"### sec.58 How multiple applications are dealt with\n\nSubject to subsection (2) , if a sub-block is covered by 2 or more applications for an exploration or mining lease, the Minister must deal with the applications in the order in which they are made.\nSee also section 203 (How multiple applications are dealt with).\nIf—\nthe applications are lodged within a particular time of each other; and\nthe time is less than the time prescribed under a regulation;\nthe Minister must decide the order in which the applications are to be dealt with by drawing lots in the way prescribed under a regulation.\n(sec.58-ssec.1) Subject to subsection (2) , if a sub-block is covered by 2 or more applications for an exploration or mining lease, the Minister must deal with the applications in the order in which they are made. See also section 203 (How multiple applications are dealt with).\n(sec.58-ssec.2) If— the applications are lodged within a particular time of each other; and the time is less than the time prescribed under a regulation; the Minister must decide the order in which the applications are to be dealt with by drawing lots in the way prescribed under a regulation.\n- (a) the applications are lodged within a particular time of each other; and\n- (b) the time is less than the time prescribed under a regulation;","sortOrder":64},{"sectionNumber":"sec.59","sectionType":"section","heading":"Discussions about sub-blocks applied for","content":"### sec.59 Discussions about sub-blocks applied for\n\nThe Minister may ask the applicant to discuss with the Minister the sub-blocks covered by the application.\nThe request under subsection (1) must be—\nmade in writing; and\ngiven to the applicant.\nIf, after discussions, the Minister and the applicant agree on the sub-blocks to be covered by the application, the applicant is taken to have applied for an exploration permit over the sub-blocks agreed on.\nThe Minister must give the applicant written confirmation of the agreement as soon as possible after the agreement is reached.\nThe Minister may include in the written confirmation a direction that the applicant must advertise the revised application under section 60 .\nIf the Minister and the applicant do not agree on the sub-blocks to be covered by the application—\nthe Minister may make a written decision specifying the sub-blocks to be covered by the application; and\nthe applicant is taken to have applied for an exploration permit over the sub-blocks specified in the decision.\nThe Minister may include in the written decision a direction that the applicant must advertise the revised application under section 60 .\nIf the Minister makes a decision under subsection (6) , the Minister must give a copy of the decision to the applicant as soon as possible after the decision is made.\n(sec.59-ssec.1) The Minister may ask the applicant to discuss with the Minister the sub-blocks covered by the application.\n(sec.59-ssec.2) The request under subsection (1) must be— made in writing; and given to the applicant.\n(sec.59-ssec.3) If, after discussions, the Minister and the applicant agree on the sub-blocks to be covered by the application, the applicant is taken to have applied for an exploration permit over the sub-blocks agreed on.\n(sec.59-ssec.4) The Minister must give the applicant written confirmation of the agreement as soon as possible after the agreement is reached.\n(sec.59-ssec.5) The Minister may include in the written confirmation a direction that the applicant must advertise the revised application under section 60 .\n(sec.59-ssec.6) If the Minister and the applicant do not agree on the sub-blocks to be covered by the application— the Minister may make a written decision specifying the sub-blocks to be covered by the application; and the applicant is taken to have applied for an exploration permit over the sub-blocks specified in the decision.\n(sec.59-ssec.7) The Minister may include in the written decision a direction that the applicant must advertise the revised application under section 60 .\n(sec.59-ssec.8) If the Minister makes a decision under subsection (6) , the Minister must give a copy of the decision to the applicant as soon as possible after the decision is made.\n- (a) made in writing; and\n- (b) given to the applicant.\n- (a) the Minister may make a written decision specifying the sub-blocks to be covered by the application; and\n- (b) the applicant is taken to have applied for an exploration permit over the sub-blocks specified in the decision.","sortOrder":65},{"sectionNumber":"sec.60","sectionType":"section","heading":"Advertising revised application","content":"### sec.60 Advertising revised application\n\nIf—\nthe application has been revised under section 59 ; and\nthe applicant has been given a direction under section 59 (5) or (7) ;\nthe applicant must advertise the revised application in a newspaper circulating throughout the State.\nThe advertisement must contain—\nthe applicant’s name and address; and\na map and description of the sub-blocks covered by the revised application that are sufficient for the sub-blocks to be identified; and\nthe address of the Minister; and\na statement that—\nthe applicant has applied for an exploration permit over the sub-blocks described in the notice; and\ninvites comment from the public on the application; and\nrequests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\nThe advertisement must be published—\nif the Minister and the applicant agree on the sub-blocks applied for under sub section 59 (3) —as soon as possible after the applicant is given written confirmation of the agreement under section 59 (4) ; or\nif the Minister makes a decision about the sub-blocks applied for under section 59 (6) —as soon as possible after the applicant is given a copy of the decision under section 59 (8) ;\nbut in any case, subject to subsection (4) , within 14 days after the applicant is given the confirmation or copy.\nIf—\nthe applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\nthe Minister extends the period;\nthe advertisement must be published within the period as extended by the Minister.\n(sec.60-ssec.1) If— the application has been revised under section 59 ; and the applicant has been given a direction under section 59 (5) or (7) ; the applicant must advertise the revised application in a newspaper circulating throughout the State.\n(sec.60-ssec.2) The advertisement must contain— the applicant’s name and address; and a map and description of the sub-blocks covered by the revised application that are sufficient for the sub-blocks to be identified; and the address of the Minister; and a statement that— the applicant has applied for an exploration permit over the sub-blocks described in the notice; and invites comment from the public on the application; and requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n(sec.60-ssec.3) The advertisement must be published— if the Minister and the applicant agree on the sub-blocks applied for under sub section 59 (3) —as soon as possible after the applicant is given written confirmation of the agreement under section 59 (4) ; or if the Minister makes a decision about the sub-blocks applied for under section 59 (6) —as soon as possible after the applicant is given a copy of the decision under section 59 (8) ; but in any case, subject to subsection (4) , within 14 days after the applicant is given the confirmation or copy.\n(sec.60-ssec.4) If— the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and the Minister extends the period; the advertisement must be published within the period as extended by the Minister.\n- (a) the application has been revised under section 59 ; and\n- (b) the applicant has been given a direction under section 59 (5) or (7) ;\n- (a) the applicant’s name and address; and\n- (b) a map and description of the sub-blocks covered by the revised application that are sufficient for the sub-blocks to be identified; and\n- (c) the address of the Minister; and\n- (d) a statement that— (i) the applicant has applied for an exploration permit over the sub-blocks described in the notice; and (ii) invites comment from the public on the application; and (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (i) the applicant has applied for an exploration permit over the sub-blocks described in the notice; and\n- (ii) invites comment from the public on the application; and\n- (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (i) the applicant has applied for an exploration permit over the sub-blocks described in the notice; and\n- (ii) invites comment from the public on the application; and\n- (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (a) if the Minister and the applicant agree on the sub-blocks applied for under sub section 59 (3) —as soon as possible after the applicant is given written confirmation of the agreement under section 59 (4) ; or\n- (b) if the Minister makes a decision about the sub-blocks applied for under section 59 (6) —as soon as possible after the applicant is given a copy of the decision under section 59 (8) ;\n- (a) the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\n- (b) the Minister extends the period;","sortOrder":66},{"sectionNumber":"sec.61","sectionType":"section","heading":"Request for further information","content":"### sec.61 Request for further information\n\nThe Minister may ask the applicant for further information about the application.\nThe request must—\nbe in writing; and\nbe given to the applicant; and\nspecify the time within which the information must be provided.\nInformation requested under subsection (1) must be provided—\nin writing; and\nwithin the time specified in the request.\n(sec.61-ssec.1) The Minister may ask the applicant for further information about the application.\n(sec.61-ssec.2) The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided.\n(sec.61-ssec.3) Information requested under subsection (1) must be provided— in writing; and within the time specified in the request.\n- (a) be in writing; and\n- (b) be given to the applicant; and\n- (c) specify the time within which the information must be provided.\n- (a) in writing; and\n- (b) within the time specified in the request.","sortOrder":67},{"sectionNumber":"sec.62","sectionType":"section","heading":"Section number not used","content":"### sec.62 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":68},{"sectionNumber":"sec.63","sectionType":"section","heading":"Minister may provisionally grant tenure","content":"### sec.63 Minister may provisionally grant tenure\n\nIf the applicant does what is required by sections 54 to 61 , the Minister may—\nprovisionally grant an exploration permit to the applicant; or\nrefuse the application.\nUnder section 88 , the grant of the tenure can not be effective before it is registered (see section 333 for registration). The grant will not be registered until it has been properly accepted (see section 70 for proper acceptance ).\n- (a) provisionally grant an exploration permit to the applicant; or\n- (b) refuse the application.","sortOrder":69},{"sectionNumber":"sec.64","sectionType":"section","heading":"Section number not used","content":"### sec.64 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":70},{"sectionNumber":"sec.65","sectionType":"section","heading":"Matters to be specified in the tenure","content":"### sec.65 Matters to be specified in the tenure\n\nThe tenure must specify—\nthe sub-blocks covered by the tenure; and\nthe term of the tenure; and\nthe tenure conditions.\nFor the term of a tenure see section 18 .\n- (a) the sub-blocks covered by the tenure; and\n- (b) the term of the tenure; and\n- (c) the tenure conditions.","sortOrder":71},{"sectionNumber":"sec.66","sectionType":"section","heading":"Applicant must be notified","content":"### sec.66 Applicant must be notified\n\nThe Minister must give the applicant notice of a decision under section 63 .\nIf the Minister provisionally grants an exploration permit—\nthe Minister must give the tenure to the provisional holder; and\nthe notice under subsection (1) must contain notification—\nof any decision under section 399 that the provisional holder must lodge a security; and\nthat the provisional grant will lapse unless the provisional holder, before the end of the primary payment period—\ngives the Minister a written acceptance of the grant; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 .\n(sec.66-ssec.1) The Minister must give the applicant notice of a decision under section 63 .\n(sec.66-ssec.2) If the Minister provisionally grants an exploration permit— the Minister must give the tenure to the provisional holder; and the notice under subsection (1) must contain notification— of any decision under section 399 that the provisional holder must lodge a security; and that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 .\n- (a) the Minister must give the tenure to the provisional holder; and\n- (b) the notice under subsection (1) must contain notification— (i) of any decision under section 399 that the provisional holder must lodge a security; and (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (i) of any decision under section 399 that the provisional holder must lodge a security; and\n- (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .\n- (i) of any decision under section 399 that the provisional holder must lodge a security; and\n- (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .","sortOrder":72},{"sectionNumber":"sec.67","sectionType":"section","heading":"Amendment of conditions","content":"### sec.67 Amendment of conditions\n\nIf the provisional holder is dissatisfied with the tenure conditions, the provisional holder may ask the Minister to amend the conditions.\nThe request must be made within 30 days after the day on which the provisional holder is given the tenure under section 66 .\nIf a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the provisional holder, otherwise amend the conditions.\nThe Minister must give the provisional holder notice of a decision under this section.\n(sec.67-ssec.1) If the provisional holder is dissatisfied with the tenure conditions, the provisional holder may ask the Minister to amend the conditions.\n(sec.67-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given the tenure under section 66 .\n(sec.67-ssec.3) If a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the provisional holder, otherwise amend the conditions.\n(sec.67-ssec.4) The Minister must give the provisional holder notice of a decision under this section.","sortOrder":73},{"sectionNumber":"sec.68","sectionType":"section","heading":"Amendment of security requirements","content":"### sec.68 Amendment of security requirements\n\nIf the provisional holder—\nis notified of a security requirement; and\nis dissatisfied with the amount of the security required;\nthe provisional holder may ask the Minister to make a new decision under section 399 .\nThe request must be made within 30 days after the day on which the provisional holder is given notice under section 66 .\nIf a request is made under subsection (1) , the Minister may make a new decision under section 399 .\nThe Minister must give the provisional holder notice of the new decision.\n(sec.68-ssec.1) If the provisional holder— is notified of a security requirement; and is dissatisfied with the amount of the security required; the provisional holder may ask the Minister to make a new decision under section 399 .\n(sec.68-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 66 .\n(sec.68-ssec.3) If a request is made under subsection (1) , the Minister may make a new decision under section 399 .\n(sec.68-ssec.4) The Minister must give the provisional holder notice of the new decision.\n- (a) is notified of a security requirement; and\n- (b) is dissatisfied with the amount of the security required;","sortOrder":74},{"sectionNumber":"sec.69","sectionType":"section","heading":"Extension of primary payment period","content":"### sec.69 Extension of primary payment period\n\nIf the provisional holder makes a request under section 67 or 68 , the provisional holder may ask the Minister to extend the primary payment period.\nThe request must be made within 30 days after the day on which the provisional holder is given notice under section 66 .\nIf the Minister agrees to the request, the Minister must—\ndecide the period of the extension; and\ngive the provisional holder a notice of the period of the extension.\n(sec.69-ssec.1) If the provisional holder makes a request under section 67 or 68 , the provisional holder may ask the Minister to extend the primary payment period.\n(sec.69-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 66 .\n(sec.69-ssec.3) If the Minister agrees to the request, the Minister must— decide the period of the extension; and give the provisional holder a notice of the period of the extension.\n- (a) decide the period of the extension; and\n- (b) give the provisional holder a notice of the period of the extension.","sortOrder":75},{"sectionNumber":"sec.70","sectionType":"section","heading":"Acceptance of grant of exploration permit for standard sub-block","content":"### sec.70 Acceptance of grant of exploration permit for standard sub-block\n\nThe provisional grant of the exploration permit is properly accepted by the provisional holder if, before the required time, the provisional holder—\ngives the Minister a written acceptance of the grant; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 .\nThe required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 69 , the end of the secondary payment period.\nUnder section 88 , the grant of the tenure can not be effective before it is registered (see section 333 for registration).\n(sec.70-ssec.1) The provisional grant of the exploration permit is properly accepted by the provisional holder if, before the required time, the provisional holder— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 .\n(sec.70-ssec.2) The required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 69 , the end of the secondary payment period. Under section 88 , the grant of the tenure can not be effective before it is registered (see section 333 for registration).\n- (a) gives the Minister a written acceptance of the grant; and\n- (b) lodges any security required under section 399 ; and\n- (c) pays the fee that must be paid for the tenure under section 425 .","sortOrder":76},{"sectionNumber":"sec.71","sectionType":"section","heading":"Conditions applicable to tenure on grant","content":"### sec.71 Conditions applicable to tenure on grant\n\nIf the provisional grant of the tenure is properly accepted under section 70 , it is subject to—\nthe conditions specified in the tenure given to the applicant under section 66 ; or\nif the Minister amended those conditions under section 67 —those conditions as amended.\n- (a) the conditions specified in the tenure given to the applicant under section 66 ; or\n- (b) if the Minister amended those conditions under section 67 —those conditions as amended.","sortOrder":77},{"sectionNumber":"sec.72","sectionType":"section","heading":"Lapse of provisional grant of exploration permit","content":"### sec.72 Lapse of provisional grant of exploration permit\n\nIf the provisional grant of the tenure is not properly accepted under section 70 , the provisional grant lapses.","sortOrder":78},{"sectionNumber":"ch.2-pt.2.2-div.3","sectionType":"division","heading":"Application for and grant of exploration permit over tender sub-block","content":"## Application for and grant of exploration permit over tender sub-block","sortOrder":79},{"sectionNumber":"sec.73","sectionType":"section","heading":"Matters to be decided before applications for exploration permit over tender sub-blocks invited","content":"### sec.73 Matters to be decided before applications for exploration permit over tender sub-blocks invited\n\nIf the Minister proposes to invite applications for the grant of an exploration permit over reserved sub-blocks, the Minister must, before inviting the applications, decide—\nthe procedure and criteria that the Minister will adopt to allocate the tenure; and\nthe amount of security that will be required for the tenure under section 399 ; and\nthe tenure conditions.\n- (a) the procedure and criteria that the Minister will adopt to allocate the tenure; and\n- (b) the amount of security that will be required for the tenure under section 399 ; and\n- (c) the tenure conditions.","sortOrder":80},{"sectionNumber":"sec.74","sectionType":"section","heading":"Minister may invite applications for exploration permit over tender sub-blocks","content":"### sec.74 Minister may invite applications for exploration permit over tender sub-blocks\n\nSubject to subsection (2) , the Minister may invite applications for the grant of an exploration permit over reserved sub-blocks.\nApplications may be invited for a tenure covering a group of reserved sub-blocks only if the group forms a discrete area.\nThe Minister is to invite applications by publishing a tender sub-block tenure notice for the tenure in the gazette.\n(sec.74-ssec.1) Subject to subsection (2) , the Minister may invite applications for the grant of an exploration permit over reserved sub-blocks.\n(sec.74-ssec.2) Applications may be invited for a tenure covering a group of reserved sub-blocks only if the group forms a discrete area.\n(sec.74-ssec.3) The Minister is to invite applications by publishing a tender sub-block tenure notice for the tenure in the gazette.","sortOrder":81},{"sectionNumber":"sec.75","sectionType":"section","heading":"Tender sub-block tenure notice—exploration permit","content":"### sec.75 Tender sub-block tenure notice—exploration permit\n\nA tender sub-block tenure notice for an exploration permit must—\nspecify the sub-blocks to be covered by the tenure; and\nspecify the period within which applications may be made; and\nspecify the procedure and criteria that the Minister will adopt to allocate the tenure; and\nspecify the amount of security that the successful applicant will be required to lodge; and\ninclude a statement to the effect that information about—\nthe security that the successful applicant will be required to lodge; and\nthe tenure conditions;\nmay be obtained from the Minister.\nWithout limiting subsection (1) (c) , the Minister may, for that paragraph, specify that the tender will be decided on the basis of either or both of the following—\nthe nature and extent of the exploration activity proposed to be carried out;\nthe amount of money offered for the tenure.\nThe tender sub-block tenure notice may specify not more than 500 sub-blocks for the exploration permit.\n(sec.75-ssec.1) A tender sub-block tenure notice for an exploration permit must— specify the sub-blocks to be covered by the tenure; and specify the period within which applications may be made; and specify the procedure and criteria that the Minister will adopt to allocate the tenure; and specify the amount of security that the successful applicant will be required to lodge; and include a statement to the effect that information about— the security that the successful applicant will be required to lodge; and the tenure conditions; may be obtained from the Minister.\n(sec.75-ssec.2) Without limiting subsection (1) (c) , the Minister may, for that paragraph, specify that the tender will be decided on the basis of either or both of the following— the nature and extent of the exploration activity proposed to be carried out; the amount of money offered for the tenure.\n(sec.75-ssec.3) The tender sub-block tenure notice may specify not more than 500 sub-blocks for the exploration permit.\n- (a) specify the sub-blocks to be covered by the tenure; and\n- (b) specify the period within which applications may be made; and\n- (c) specify the procedure and criteria that the Minister will adopt to allocate the tenure; and\n- (d) specify the amount of security that the successful applicant will be required to lodge; and\n- (e) include a statement to the effect that information about— (i) the security that the successful applicant will be required to lodge; and (ii) the tenure conditions;\n- (i) the security that the successful applicant will be required to lodge; and\n- (ii) the tenure conditions;\n- (i) the security that the successful applicant will be required to lodge; and\n- (ii) the tenure conditions;\n- (a) the nature and extent of the exploration activity proposed to be carried out;\n- (b) the amount of money offered for the tenure.","sortOrder":82},{"sectionNumber":"sec.76","sectionType":"section","heading":"Application for exploration permit over tender sub-blocks","content":"### sec.76 Application for exploration permit over tender sub-blocks\n\nIf a tender sub-block tenure notice has been published inviting applications for an exploration permit, a person may apply to the Minister for the tenure.","sortOrder":83},{"sectionNumber":"sec.77","sectionType":"section","heading":"How to apply","content":"### sec.77 How to apply\n\nThe application must—\nbe made in accordance with the approved form; and\nbe made in the approved way; and\nbe made before the end of the period specified in the tender sub-block tenure notice; and\naddress the criteria specified under section 75 (1) (c) ; and\ninclude details of—\nthe technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\nthe technical advice available to the applicant; and\nthe financial resources available to the applicant; and\nif the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and\nspecify an address for service of notices under this Act and the regulations.\nFor paragraphs (a) and (b) see section 41 .\nThe applicant may include in the application any other information that the applicant considers relevant.\n(sec.77-ssec.1) The application must— be made in accordance with the approved form; and be made in the approved way; and be made before the end of the period specified in the tender sub-block tenure notice; and address the criteria specified under section 75 (1) (c) ; and include details of— the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and the technical advice available to the applicant; and the financial resources available to the applicant; and if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and specify an address for service of notices under this Act and the regulations. For paragraphs (a) and (b) see section 41 .\n(sec.77-ssec.2) The applicant may include in the application any other information that the applicant considers relevant.\n- (a) be made in accordance with the approved form; and\n- (b) be made in the approved way; and\n- (c) be made before the end of the period specified in the tender sub-block tenure notice; and\n- (d) address the criteria specified under section 75 (1) (c) ; and\n- (e) include details of— (i) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and (ii) the technical advice available to the applicant; and (iii) the financial resources available to the applicant; and (iv) if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and\n- (i) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\n- (ii) the technical advice available to the applicant; and\n- (iii) the financial resources available to the applicant; and\n- (iv) if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and\n- (e) specify an address for service of notices under this Act and the regulations.\n- (i) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\n- (ii) the technical advice available to the applicant; and\n- (iii) the financial resources available to the applicant; and\n- (iv) if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and","sortOrder":84},{"sectionNumber":"sec.78","sectionType":"section","heading":"Payment of fee","content":"### sec.78 Payment of fee\n\nThe applicant must pay the application fee prescribed under a regulation.\nThe fee must be paid when the application is made.\nThe Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.\n(sec.78-ssec.1) The applicant must pay the application fee prescribed under a regulation.\n(sec.78-ssec.2) The fee must be paid when the application is made.\n(sec.78-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.","sortOrder":85},{"sectionNumber":"sec.79","sectionType":"section","heading":"Request for further information","content":"### sec.79 Request for further information\n\nThe Minister may ask the applicant for further information about the application.\nThe request must—\nbe in writing; and\nbe given to the applicant; and\nspecify the time within which the information must be provided.\nInformation requested under subsection (1) must be provided—\nin writing; and\nwithin the time specified in the request.\n(sec.79-ssec.1) The Minister may ask the applicant for further information about the application.\n(sec.79-ssec.2) The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided.\n(sec.79-ssec.3) Information requested under subsection (1) must be provided— in writing; and within the time specified in the request.\n- (a) be in writing; and\n- (b) be given to the applicant; and\n- (c) specify the time within which the information must be provided.\n- (a) in writing; and\n- (b) within the time specified in the request.","sortOrder":86},{"sectionNumber":"sec.80","sectionType":"section","heading":"Section number not used","content":"### sec.80 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":87},{"sectionNumber":"sec.81","sectionType":"section","heading":"Minister may provisionally grant tenure","content":"### sec.81 Minister may provisionally grant tenure\n\nThe Minister may provisionally grant an exploration permit to an applicant who has done what is required by sections 77 to 79 .\nWhen provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 74 .\nIf the Minister refuses to grant a tenure under subsection (1) , the Minister must give the applicant notice of the refusal.\n(sec.81-ssec.1) The Minister may provisionally grant an exploration permit to an applicant who has done what is required by sections 77 to 79 .\n(sec.81-ssec.2) When provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 74 .\n(sec.81-ssec.3) If the Minister refuses to grant a tenure under subsection (1) , the Minister must give the applicant notice of the refusal.","sortOrder":88},{"sectionNumber":"sec.82","sectionType":"section","heading":"Section number not used","content":"### sec.82 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":89},{"sectionNumber":"sec.83","sectionType":"section","heading":"Successful applicant must be notified","content":"### sec.83 Successful applicant must be notified\n\nIf the Minister provisionally grants an exploration permit under section 81 or 87 , the Minister must give the provisional holder—\nthe tenure; and\nnotice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given—\ngives the Minister a written acceptance of the grant; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 ; and\nif the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77 (1) (d) .\nThe tenure must specify—\nthe sub-blocks covered by the tenure; and\nthe term of the tenure; and\nthe tenure conditions.\nSee section 88 (Initial term of exploration permit).\n(sec.83-ssec.1) If the Minister provisionally grants an exploration permit under section 81 or 87 , the Minister must give the provisional holder— the tenure; and notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 ; and if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77 (1) (d) .\n(sec.83-ssec.2) The tenure must specify— the sub-blocks covered by the tenure; and the term of the tenure; and the tenure conditions. See section 88 (Initial term of exploration permit).\n- (a) the tenure; and\n- (b) notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given— (i) gives the Minister a written acceptance of the grant; and (ii) lodges any security required under section 399 ; and (iii) pays the fee that must be paid for the tenure under section 425 ; and (iv) if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77 (1) (d) .\n- (i) gives the Minister a written acceptance of the grant; and\n- (ii) lodges any security required under section 399 ; and\n- (iii) pays the fee that must be paid for the tenure under section 425 ; and\n- (iv) if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77 (1) (d) .\n- (i) gives the Minister a written acceptance of the grant; and\n- (ii) lodges any security required under section 399 ; and\n- (iii) pays the fee that must be paid for the tenure under section 425 ; and\n- (iv) if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77 (1) (d) .\n- (a) the sub-blocks covered by the tenure; and\n- (b) the term of the tenure; and\n- (c) the tenure conditions.","sortOrder":90},{"sectionNumber":"sec.84","sectionType":"section","heading":"Acceptance of grant of exploration permit over tender sub-blocks","content":"### sec.84 Acceptance of grant of exploration permit over tender sub-blocks\n\nThe provisional grant of an exploration permit is properly accepted by the provisional holder if, within 30 days after the day on which the provisional holder is given notice under section 83 , the provisional holder—\ngives the Minister a written acceptance of the grant; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 ; and\nif the tender is decided on the basis of the amount of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77 (1) (d) .\nUnder section 88 , the grant of the tenure can not be effective before it is registered (see section 333 for registration).\n- (a) gives the Minister a written acceptance of the grant; and\n- (b) lodges any security required under section 399 ; and\n- (c) pays the fee that must be paid for the tenure under section 425 ; and\n- (d) if the tender is decided on the basis of the amount of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77 (1) (d) .","sortOrder":91},{"sectionNumber":"sec.85","sectionType":"section","heading":"Conditions applicable to tenure on grant","content":"### sec.85 Conditions applicable to tenure on grant\n\nIf the provisional grant of the tenure is properly accepted, the tenure is subject to the conditions decided under section 73 .","sortOrder":92},{"sectionNumber":"sec.86","sectionType":"section","heading":"Lapse of provisional grant of exploration permit","content":"### sec.86 Lapse of provisional grant of exploration permit\n\nIf the provisional grant of the tenure is not properly accepted under section 84 , the provisional grant lapses.","sortOrder":93},{"sectionNumber":"sec.87","sectionType":"section","heading":"Provisional grant to next applicant if grant lapses","content":"### sec.87 Provisional grant to next applicant if grant lapses\n\nIf the provisional grant of the tenure lapses under section 86 , the Minister may provisionally grant the tenure to another of the applicants for the tenure.\nWhen provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 74 .\n(sec.87-ssec.1) If the provisional grant of the tenure lapses under section 86 , the Minister may provisionally grant the tenure to another of the applicants for the tenure.\n(sec.87-ssec.2) When provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 74 .","sortOrder":94},{"sectionNumber":"ch.2-pt.2.2-div.4","sectionType":"division","heading":"Duration of exploration permit","content":"## Duration of exploration permit","sortOrder":95},{"sectionNumber":"sec.88","sectionType":"section","heading":"Initial term of exploration permit","content":"### sec.88 Initial term of exploration permit\n\nAn exploration permit comes into force on—\nthe day on which the grant of the tenure is registered; or\nif a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\nThe initial term of an exploration permit ends—\n4 years after the day on which the tenure is provisionally granted; or\nif a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—4 years after that specified day.\nThe tenure may be surrendered at any time (see section 127 ).\n(sec.88-ssec.1) An exploration permit comes into force on— the day on which the grant of the tenure is registered; or if a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\n(sec.88-ssec.2) The initial term of an exploration permit ends— 4 years after the day on which the tenure is provisionally granted; or if a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—4 years after that specified day. The tenure may be surrendered at any time (see section 127 ).\n- (a) the day on which the grant of the tenure is registered; or\n- (b) if a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\n- (a) 4 years after the day on which the tenure is provisionally granted; or\n- (b) if a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—4 years after that specified day.","sortOrder":96},{"sectionNumber":"sec.89","sectionType":"section","heading":"Term of renewal of exploration permit","content":"### sec.89 Term of renewal of exploration permit\n\nA renewal of an exploration permit comes into force on the later of the following days—\nthe day on which the renewal is registered;\nthe day on which the previous term of the tenure expires.\nSee division 6 for renewal.\nThe term of a renewal of a tenure ends 2 years after the day on which the previous term of the tenure expires.\nThe tenure may be surrendered at any time (see section 127 ).\nIn working out the previous term of the tenure, section 90 must be disregarded.\nAn exploration permit can not be renewed more than 3 times.\n(sec.89-ssec.1) A renewal of an exploration permit comes into force on the later of the following days— the day on which the renewal is registered; the day on which the previous term of the tenure expires. See division 6 for renewal.\n(sec.89-ssec.2) The term of a renewal of a tenure ends 2 years after the day on which the previous term of the tenure expires. The tenure may be surrendered at any time (see section 127 ).\n(sec.89-ssec.3) In working out the previous term of the tenure, section 90 must be disregarded.\n(sec.89-ssec.4) An exploration permit can not be renewed more than 3 times.\n- (a) the day on which the renewal is registered;\n- (b) the day on which the previous term of the tenure expires.","sortOrder":97},{"sectionNumber":"sec.90","sectionType":"section","heading":"Effect of suspension of rights on term of exploration permit","content":"### sec.90 Effect of suspension of rights on term of exploration permit\n\nIf the Minister suspends rights conferred by an exploration permit for a specified period under section 48 , the Minister may extend the term of the tenure.\nAn extension of a tenure term under subsection (1) —\nmust not be for a period that is longer than the period for which the tenure rights were suspended; and\nmust be in writing.\nIf the Minister extends the term of a tenure under subsection (1) , the Minister must give the tenure holder a notice that informs the holder—\nthat the tenure has been extended; and\nof the period of the extension.\n(sec.90-ssec.1) If the Minister suspends rights conferred by an exploration permit for a specified period under section 48 , the Minister may extend the term of the tenure.\n(sec.90-ssec.2) An extension of a tenure term under subsection (1) — must not be for a period that is longer than the period for which the tenure rights were suspended; and must be in writing.\n(sec.90-ssec.3) If the Minister extends the term of a tenure under subsection (1) , the Minister must give the tenure holder a notice that informs the holder— that the tenure has been extended; and of the period of the extension.\n- (a) must not be for a period that is longer than the period for which the tenure rights were suspended; and\n- (b) must be in writing.\n- (a) that the tenure has been extended; and\n- (b) of the period of the extension.","sortOrder":98},{"sectionNumber":"sec.91","sectionType":"section","heading":"Effect of application for renewal on term of exploration permit","content":"### sec.91 Effect of application for renewal on term of exploration permit\n\nIf—\nan exploration permit holder applies to renew the tenure under section 101 ; and\nthe current term of the tenure expires; and\na renewal of the tenure does not take effect immediately after the current term expires;\nthe tenure remains in force after the current term expires until—\na renewal of the tenure takes effect; or\na provisional renewal of the tenure lapses; or\nthe application for renewal is withdrawn or refused.\n- (a) an exploration permit holder applies to renew the tenure under section 101 ; and\n- (b) the current term of the tenure expires; and\n- (c) a renewal of the tenure does not take effect immediately after the current term expires;\n- (d) a renewal of the tenure takes effect; or\n- (e) a provisional renewal of the tenure lapses; or\n- (f) the application for renewal is withdrawn or refused.","sortOrder":99},{"sectionNumber":"sec.92","sectionType":"section","heading":"Effect of application for mineral development licence or mining lease on term of exploration permit","content":"### sec.92 Effect of application for mineral development licence or mining lease on term of exploration permit\n\nIf—\nan exploration permit holder applies for—\na mineral development licence; or\na mining lease;\nover the tenure area, or part of the tenure area, of the exploration permit; and\nthe current term of the exploration permit expires; and\na grant of the mineral development licence or mining lease does not take effect before the current term of the exploration permit expires;\nthe exploration permit remains in force until—\nthe grant of the mineral development licence or mining lease takes effect; or\na provisional grant of the mineral development licence or mining lease lapses; or\nthe application for the mineral development licence or mining lease is withdrawn or refused.\n- (a) an exploration permit holder applies for— (i) a mineral development licence; or (ii) a mining lease;\n- (i) a mineral development licence; or\n- (ii) a mining lease;\n- (i) a mineral development licence; or\n- (ii) a mining lease;\n- (b) the current term of the exploration permit expires; and\n- (c) a grant of the mineral development licence or mining lease does not take effect before the current term of the exploration permit expires;\n- (d) the grant of the mineral development licence or mining lease takes effect; or\n- (e) a provisional grant of the mineral development licence or mining lease lapses; or\n- (f) the application for the mineral development licence or mining lease is withdrawn or refused.","sortOrder":100},{"sectionNumber":"sec.93","sectionType":"section","heading":"Effect of application for extension on term of tenure","content":"### sec.93 Effect of application for extension on term of tenure\n\nIf—\nan exploration permit holder applies for an extension of the term of the tenure under section 94 or 96 ; and\nthe holder has also applied to renew the tenure under section 101 ; and\nthe extension application is not decided before the tenure is due to expire;\nthen—\nthe renewal application lapses; and\nthe tenure remains in force until—\nif the Minister extends the term of the tenure under section 95 or 97 for a specified period—30 days after the day on which that period ends; or\nif the Minister refuses to extend the term of the tenure under section 95 or 97 —30 days after the day on which the holder is given notice of the refusal under section 98 .\n(sec.93-ssec.1) If— an exploration permit holder applies for an extension of the term of the tenure under section 94 or 96 ; and the holder has also applied to renew the tenure under section 101 ; and the extension application is not decided before the tenure is due to expire; then— the renewal application lapses; and the tenure remains in force until— if the Minister extends the term of the tenure under section 95 or 97 for a specified period—30 days after the day on which that period ends; or if the Minister refuses to extend the term of the tenure under section 95 or 97 —30 days after the day on which the holder is given notice of the refusal under section 98 .\n- (a) an exploration permit holder applies for an extension of the term of the tenure under section 94 or 96 ; and\n- (b) the holder has also applied to renew the tenure under section 101 ; and\n- (c) the extension application is not decided before the tenure is due to expire;\n- (d) the renewal application lapses; and\n- (e) the tenure remains in force until— (i) if the Minister extends the term of the tenure under section 95 or 97 for a specified period—30 days after the day on which that period ends; or (ii) if the Minister refuses to extend the term of the tenure under section 95 or 97 —30 days after the day on which the holder is given notice of the refusal under section 98 .\n- (i) if the Minister extends the term of the tenure under section 95 or 97 for a specified period—30 days after the day on which that period ends; or\n- (ii) if the Minister refuses to extend the term of the tenure under section 95 or 97 —30 days after the day on which the holder is given notice of the refusal under section 98 .\n- (i) if the Minister extends the term of the tenure under section 95 or 97 for a specified period—30 days after the day on which that period ends; or\n- (ii) if the Minister refuses to extend the term of the tenure under section 95 or 97 —30 days after the day on which the holder is given notice of the refusal under section 98 .","sortOrder":101},{"sectionNumber":"sec.94","sectionType":"section","heading":"Extension of tenure—activities disrupted","content":"### sec.94 Extension of tenure—activities disrupted\n\nIf—\nan exploration permit authorises the tenure holder to carry out an activity; and\ncircumstances beyond the control of the holder prevent the holder from carrying out the activity;\nthe holder may apply to the Minister for an extension of the term of the tenure.\nThe application must be made—\nwithin 30 days after the day on which the holder first became aware of the circumstances; and\nbefore the tenure expires.\n(sec.94-ssec.1) If— an exploration permit authorises the tenure holder to carry out an activity; and circumstances beyond the control of the holder prevent the holder from carrying out the activity; the holder may apply to the Minister for an extension of the term of the tenure.\n(sec.94-ssec.2) The application must be made— within 30 days after the day on which the holder first became aware of the circumstances; and before the tenure expires.\n- (a) an exploration permit authorises the tenure holder to carry out an activity; and\n- (b) circumstances beyond the control of the holder prevent the holder from carrying out the activity;\n- (a) within 30 days after the day on which the holder first became aware of the circumstances; and\n- (b) before the tenure expires.","sortOrder":102},{"sectionNumber":"sec.95","sectionType":"section","heading":"Grant of tenure extension—activities disrupted","content":"### sec.95 Grant of tenure extension—activities disrupted\n\nSubject to subsection (2) , if an exploration permit holder applies for an extension under section 94 , the Minister must—\ngrant an extension of the term of the tenure if the Minister is satisfied that—\nthe holder is or has been unable to carry out the activities authorised by the tenure; and\nthe holder is or has been unable to do so because of circumstances beyond the holder’s control; and\nno excluded time is included in the period of inability for which an extension is sought; or\nrefuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a) .\nThe period for which the extension is granted must not be longer than the disruption period for the tenure less any excluded time for the tenure.\nThe extension may be granted subject to whatever conditions the Minister considers appropriate.\nIn this section—\ndisruption period for a tenure means the period during which the tenure holder is unable to carry out activities authorised by the tenure because of circumstances beyond the holder’s control.\nexcluded time for a tenure means any period during which the tenure was in force because of section 90 , 91 , 92 or 93 .\nUnder section 90 , if the Minister has under section 48 suspended rights under a tenure for a period, the Minister may extend the term of the tenure for an equivalent period. Under section 91 , the term of a tenure is automatically extended if there is an application for the renewal of a tenure undecided when the tenure is due to expire. Under section 92 , the term of a tenure is automatically extended if the holder applies for a mineral development licence or mining lease over the tenure area. Under section 93 , the term of a tenure is automatically extended if there is an application for an extension of the tenure undecided when the tenure is due to expire.\n(sec.95-ssec.1) Subject to subsection (2) , if an exploration permit holder applies for an extension under section 94 , the Minister must— grant an extension of the term of the tenure if the Minister is satisfied that— the holder is or has been unable to carry out the activities authorised by the tenure; and the holder is or has been unable to do so because of circumstances beyond the holder’s control; and no excluded time is included in the period of inability for which an extension is sought; or refuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a) .\n(sec.95-ssec.2) The period for which the extension is granted must not be longer than the disruption period for the tenure less any excluded time for the tenure.\n(sec.95-ssec.3) The extension may be granted subject to whatever conditions the Minister considers appropriate.\n(sec.95-ssec.4) In this section— disruption period for a tenure means the period during which the tenure holder is unable to carry out activities authorised by the tenure because of circumstances beyond the holder’s control. excluded time for a tenure means any period during which the tenure was in force because of section 90 , 91 , 92 or 93 . Under section 90 , if the Minister has under section 48 suspended rights under a tenure for a period, the Minister may extend the term of the tenure for an equivalent period. Under section 91 , the term of a tenure is automatically extended if there is an application for the renewal of a tenure undecided when the tenure is due to expire. Under section 92 , the term of a tenure is automatically extended if the holder applies for a mineral development licence or mining lease over the tenure area. Under section 93 , the term of a tenure is automatically extended if there is an application for an extension of the tenure undecided when the tenure is due to expire.\n- (a) grant an extension of the term of the tenure if the Minister is satisfied that— (i) the holder is or has been unable to carry out the activities authorised by the tenure; and (ii) the holder is or has been unable to do so because of circumstances beyond the holder’s control; and (iii) no excluded time is included in the period of inability for which an extension is sought; or\n- (i) the holder is or has been unable to carry out the activities authorised by the tenure; and\n- (ii) the holder is or has been unable to do so because of circumstances beyond the holder’s control; and\n- (iii) no excluded time is included in the period of inability for which an extension is sought; or\n- (b) refuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a) .\n- (i) the holder is or has been unable to carry out the activities authorised by the tenure; and\n- (ii) the holder is or has been unable to do so because of circumstances beyond the holder’s control; and\n- (iii) no excluded time is included in the period of inability for which an extension is sought; or","sortOrder":103},{"sectionNumber":"sec.96","sectionType":"section","heading":"Extension of tenure—other circumstances","content":"### sec.96 Extension of tenure—other circumstances\n\nAn exploration permit holder may apply to the Minister for an extension of the term of the tenure if, under section 121 , the Minister—\nsuspends a tenure condition; or\nexempts the holder from complying with a tenure condition.\nThe application must be made not later than 30 days before the tenure expires.\n(sec.96-ssec.1) An exploration permit holder may apply to the Minister for an extension of the term of the tenure if, under section 121 , the Minister— suspends a tenure condition; or exempts the holder from complying with a tenure condition.\n(sec.96-ssec.2) The application must be made not later than 30 days before the tenure expires.\n- (a) suspends a tenure condition; or\n- (b) exempts the holder from complying with a tenure condition.","sortOrder":104},{"sectionNumber":"sec.97","sectionType":"section","heading":"Grant of tenure extension—other circumstances","content":"### sec.97 Grant of tenure extension—other circumstances\n\nSubject to subsection (2) , if an exploration permit holder applies for an extension under section 96 , the Minister may—\ngrant an extension of the term of the tenure; or\nrefuse to grant an extension of the term of the tenure.\nThe extension must not be for a period that is longer than the period of the suspension or exemption.\nThe extension may be granted subject to whatever conditions the Minister considers appropriate.\n(sec.97-ssec.1) Subject to subsection (2) , if an exploration permit holder applies for an extension under section 96 , the Minister may— grant an extension of the term of the tenure; or refuse to grant an extension of the term of the tenure.\n(sec.97-ssec.2) The extension must not be for a period that is longer than the period of the suspension or exemption.\n(sec.97-ssec.3) The extension may be granted subject to whatever conditions the Minister considers appropriate.\n- (a) grant an extension of the term of the tenure; or\n- (b) refuse to grant an extension of the term of the tenure.","sortOrder":105},{"sectionNumber":"sec.98","sectionType":"section","heading":"Notification of decision","content":"### sec.98 Notification of decision\n\nIf the Minister grants an extension of the term of the exploration permit under section 95 or 97 , the Minister must give the tenure holder a notice that informs the holder of—\nthe grant of extension; and\nthe period of the extension; and\nif the extension is subject to conditions—the conditions.\nIf the Minister refuses an application for a tenure extension, the Minister must give the tenure holder a notice that informs the holder of—\nthe refusal; and\nthe reasons for the refusal.\n(sec.98-ssec.1) If the Minister grants an extension of the term of the exploration permit under section 95 or 97 , the Minister must give the tenure holder a notice that informs the holder of— the grant of extension; and the period of the extension; and if the extension is subject to conditions—the conditions.\n(sec.98-ssec.2) If the Minister refuses an application for a tenure extension, the Minister must give the tenure holder a notice that informs the holder of— the refusal; and the reasons for the refusal.\n- (a) the grant of extension; and\n- (b) the period of the extension; and\n- (c) if the extension is subject to conditions—the conditions.\n- (a) the refusal; and\n- (b) the reasons for the refusal.","sortOrder":106},{"sectionNumber":"ch.2-pt.2.2-div.5","sectionType":"division","heading":"Voluntary surrender of part of exploration permit area","content":"## Voluntary surrender of part of exploration permit area","sortOrder":107},{"sectionNumber":"sec.99","sectionType":"section","heading":"Voluntary surrender of sub-blocks if discrete area remains","content":"### sec.99 Voluntary surrender of sub-blocks if discrete area remains\n\nAn exploration permit holder may surrender a sub-block or some of the sub-blocks covered by the tenure if the remaining sub-blocks in the tenure area form a discrete area.\nSee section 127 (Voluntary surrender of exploration permit) for the surrender of the whole tenure.\nA surrender under subsection (1) must—\nbe made in writing; and\nidentify the sub-blocks surrendered; and\nbe given to the Minister.\nThe surrender takes effect when it is registered under section 337 (see section 337 (5) ).\n(sec.99-ssec.1) An exploration permit holder may surrender a sub-block or some of the sub-blocks covered by the tenure if the remaining sub-blocks in the tenure area form a discrete area. See section 127 (Voluntary surrender of exploration permit) for the surrender of the whole tenure.\n(sec.99-ssec.2) A surrender under subsection (1) must— be made in writing; and identify the sub-blocks surrendered; and be given to the Minister. The surrender takes effect when it is registered under section 337 (see section 337 (5) ).\n- (a) be made in writing; and\n- (b) identify the sub-blocks surrendered; and\n- (c) be given to the Minister.","sortOrder":108},{"sectionNumber":"sec.100","sectionType":"section","heading":"Voluntary surrender of sub-blocks if up to 3 discrete areas remain","content":"### sec.100 Voluntary surrender of sub-blocks if up to 3 discrete areas remain\n\nIf—\nan exploration permit holder wants to surrender some of the sub-blocks covered by the tenure; and\nthe sub-blocks remaining in the tenure area after the proposed surrender would form not more than 3 discrete areas;\nthe holder may apply to the Minister for approval of the proposed surrender.\nThe application—\nmust be in writing; and\nmust include a surrender proposal that identifies the sub-blocks in the tenure area that the holder proposes to surrender; and\nmay include any other information that the holder considers relevant.\nIf the Minister agrees with the surrender proposal, the Minister may approve the surrender of the sub-blocks specified in the proposal by giving the holder notice of the approval.\nThe surrender takes effect when it is registered under section 337 (see section 337 (5) ).\nIf the Minister does not agree with the surrender proposal, the Minister may ask the holder to discuss the proposal.\nIf the Minister and the holder agree, after discussions, on the sub-blocks to be surrendered, the Minister may approve the surrender of the sub-blocks agreed on by giving the holder written confirmation of the agreement.\nThe surrender takes effect when it is registered under section 337 (see section 337 (5) ).\nIf, after discussions, the Minister and the holder do not agree on the surrender proposal, no sub-blocks are surrendered.\n(sec.100-ssec.1) If— an exploration permit holder wants to surrender some of the sub-blocks covered by the tenure; and the sub-blocks remaining in the tenure area after the proposed surrender would form not more than 3 discrete areas; the holder may apply to the Minister for approval of the proposed surrender.\n(sec.100-ssec.2) The application— must be in writing; and must include a surrender proposal that identifies the sub-blocks in the tenure area that the holder proposes to surrender; and may include any other information that the holder considers relevant.\n(sec.100-ssec.3) If the Minister agrees with the surrender proposal, the Minister may approve the surrender of the sub-blocks specified in the proposal by giving the holder notice of the approval. The surrender takes effect when it is registered under section 337 (see section 337 (5) ).\n(sec.100-ssec.4) If the Minister does not agree with the surrender proposal, the Minister may ask the holder to discuss the proposal.\n(sec.100-ssec.5) If the Minister and the holder agree, after discussions, on the sub-blocks to be surrendered, the Minister may approve the surrender of the sub-blocks agreed on by giving the holder written confirmation of the agreement. The surrender takes effect when it is registered under section 337 (see section 337 (5) ).\n(sec.100-ssec.6) If, after discussions, the Minister and the holder do not agree on the surrender proposal, no sub-blocks are surrendered.\n- (a) an exploration permit holder wants to surrender some of the sub-blocks covered by the tenure; and\n- (b) the sub-blocks remaining in the tenure area after the proposed surrender would form not more than 3 discrete areas;\n- (a) must be in writing; and\n- (b) must include a surrender proposal that identifies the sub-blocks in the tenure area that the holder proposes to surrender; and\n- (c) may include any other information that the holder considers relevant.","sortOrder":109},{"sectionNumber":"ch.2-pt.2.2-div.6","sectionType":"division","heading":"Application for and grant of renewal of exploration permit","content":"## Application for and grant of renewal of exploration permit","sortOrder":110},{"sectionNumber":"sec.101","sectionType":"section","heading":"Application for renewal of exploration permit","content":"### sec.101 Application for renewal of exploration permit\n\nAn exploration permit holder may apply to the Minister to renew the tenure.\nPart of the tenure area must be surrendered on each renewal (see section 104 ).\nAt each renewal, the tenure conditions are reviewed (see section 118 ).","sortOrder":111},{"sectionNumber":"sec.102","sectionType":"section","heading":"When application to be made","content":"### sec.102 When application to be made\n\nSubject to subsections (2) and (3) , the application must be made at least 30 days before the day on which the tenure is to expire.\nIf an application for extension of a tenure is made, the expiry of the tenure is postponed (see section 93 ). For expiry of a tenure see section 126 .\nThe Minister may accept an application that is made later than 30 days before the day on which the tenure is to expire if—\nthe application is made before the day on which the tenure expires; and\nthe Minister believes that there are reasonable grounds for accepting the application.\nIf a tenure remains in force because of section 93 (e) (ii) , the application may be made at any time before the tenure ceases to be in force.\n(sec.102-ssec.1) Subject to subsections (2) and (3) , the application must be made at least 30 days before the day on which the tenure is to expire. If an application for extension of a tenure is made, the expiry of the tenure is postponed (see section 93 ). For expiry of a tenure see section 126 .\n(sec.102-ssec.2) The Minister may accept an application that is made later than 30 days before the day on which the tenure is to expire if— the application is made before the day on which the tenure expires; and the Minister believes that there are reasonable grounds for accepting the application.\n(sec.102-ssec.3) If a tenure remains in force because of section 93 (e) (ii) , the application may be made at any time before the tenure ceases to be in force.\n- (a) the application is made before the day on which the tenure expires; and\n- (b) the Minister believes that there are reasonable grounds for accepting the application.","sortOrder":112},{"sectionNumber":"sec.103","sectionType":"section","heading":"How to apply for renewal","content":"### sec.103 How to apply for renewal\n\nThe application must—\nbe made in accordance with the approved form; and\nbe made in the approved way; and\ninclude details of—\nthe activities carried out by the applicant under the tenure during its current term; and\nthe amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\nthe activities that the applicant intends to carry out under the tenure during the term applied for; and\nthe amount of money that the applicant intends to spend on those activities during the term applied for; and\nspecify the sub-blocks that the applicant nominates for surrender under section 104 .\nFor paragraphs (a) and (b) see section 41 .\nThe applicant may include in the application any other information that the applicant considers relevant.\n(sec.103-ssec.1) The application must— be made in accordance with the approved form; and be made in the approved way; and include details of— the activities carried out by the applicant under the tenure during its current term; and the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and the activities that the applicant intends to carry out under the tenure during the term applied for; and the amount of money that the applicant intends to spend on those activities during the term applied for; and specify the sub-blocks that the applicant nominates for surrender under section 104 . For paragraphs (a) and (b) see section 41 .\n(sec.103-ssec.2) The applicant may include in the application any other information that the applicant considers relevant.\n- (a) be made in accordance with the approved form; and\n- (b) be made in the approved way; and\n- (c) include details of— (i) the activities carried out by the applicant under the tenure during its current term; and (ii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and (iii) the activities that the applicant intends to carry out under the tenure during the term applied for; and (iv) the amount of money that the applicant intends to spend on those activities during the term applied for; and\n- (i) the activities carried out by the applicant under the tenure during its current term; and\n- (ii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\n- (iii) the activities that the applicant intends to carry out under the tenure during the term applied for; and\n- (iv) the amount of money that the applicant intends to spend on those activities during the term applied for; and\n- (d) specify the sub-blocks that the applicant nominates for surrender under section 104 .\n- (i) the activities carried out by the applicant under the tenure during its current term; and\n- (ii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\n- (iii) the activities that the applicant intends to carry out under the tenure during the term applied for; and\n- (iv) the amount of money that the applicant intends to spend on those activities during the term applied for; and","sortOrder":113},{"sectionNumber":"sec.104","sectionType":"section","heading":"Mandatory reduction of tenure area on renewal of exploration permit","content":"### sec.104 Mandatory reduction of tenure area on renewal of exploration permit\n\nThis section deals with the mandatory reduction of the tenure area covered by an exploration permit when the tenure is renewed.\nSubject to subsection (4) (b) , on each surrender day of an exploration permit, the tenure holder must surrender—\n50% of the number of sub-blocks in the tenure area; or\nif 50% of that number of the sub-blocks is a whole number and a fraction—the next higher whole number of the sub-blocks.\nSubject to subsection (4) (a) , the sub-blocks that remain in the tenure area after a surrender under subsection (2) must form a discrete area.\nThe Minister may give permission for—\nthe surrender of sub-blocks in a tenure area, if the tenure area remaining after the proposed surrender would consist of not more than 3 discrete areas; or\na tenure area to be reduced by less than 50%, if the Minister considers that there are special circumstances present in relation to the renewal application.\n(sec.104-ssec.1) This section deals with the mandatory reduction of the tenure area covered by an exploration permit when the tenure is renewed.\n(sec.104-ssec.2) Subject to subsection (4) (b) , on each surrender day of an exploration permit, the tenure holder must surrender— 50% of the number of sub-blocks in the tenure area; or if 50% of that number of the sub-blocks is a whole number and a fraction—the next higher whole number of the sub-blocks.\n(sec.104-ssec.3) Subject to subsection (4) (a) , the sub-blocks that remain in the tenure area after a surrender under subsection (2) must form a discrete area.\n(sec.104-ssec.4) The Minister may give permission for— the surrender of sub-blocks in a tenure area, if the tenure area remaining after the proposed surrender would consist of not more than 3 discrete areas; or a tenure area to be reduced by less than 50%, if the Minister considers that there are special circumstances present in relation to the renewal application.\n- (a) 50% of the number of sub-blocks in the tenure area; or\n- (b) if 50% of that number of the sub-blocks is a whole number and a fraction—the next higher whole number of the sub-blocks.\n- (a) the surrender of sub-blocks in a tenure area, if the tenure area remaining after the proposed surrender would consist of not more than 3 discrete areas; or\n- (b) a tenure area to be reduced by less than 50%, if the Minister considers that there are special circumstances present in relation to the renewal application.","sortOrder":114},{"sectionNumber":"sec.105","sectionType":"section","heading":"Request for further information","content":"### sec.105 Request for further information\n\nThe Minister may ask the applicant to provide further information about the application.\nThe request must—\nbe in writing; and\nbe given to the applicant; and\nspecify the time within which the information must be provided.\nInformation requested under subsection (1) must be provided—\nin writing; and\nwithin the time specified in the request.\n(sec.105-ssec.1) The Minister may ask the applicant to provide further information about the application.\n(sec.105-ssec.2) The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided.\n(sec.105-ssec.3) Information requested under subsection (1) must be provided— in writing; and within the time specified in the request.\n- (a) be in writing; and\n- (b) be given to the applicant; and\n- (c) specify the time within which the information must be provided.\n- (a) in writing; and\n- (b) within the time specified in the request.","sortOrder":115},{"sectionNumber":"sec.106","sectionType":"section","heading":"Payment of fee","content":"### sec.106 Payment of fee\n\nThe applicant must pay the application fee prescribed under a regulation.\nThe fee must be paid when the application is made.\nThe Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.\n(sec.106-ssec.1) The applicant must pay the application fee prescribed under a regulation.\n(sec.106-ssec.2) The fee must be paid when the application is made.\n(sec.106-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.","sortOrder":116},{"sectionNumber":"sec.107","sectionType":"section","heading":"Section number not used","content":"### sec.107 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":117},{"sectionNumber":"sec.108","sectionType":"section","heading":"Provisional renewal of an exploration permit","content":"### sec.108 Provisional renewal of an exploration permit\n\nThe Minister must provisionally renew an exploration permit if the applicant—\ndoes what is required by sections 101 to 106 ; and\nhas complied with—\nthis Act; and\nthe regulations; and\nthe tenure conditions.\nUnder section 89 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration). The renewal will not be registered until it has been properly accepted (see section 114 for proper acceptance ).\nUnder section 118 , new conditions may be imposed on renewal.\nIf subsection (1) does not require the Minister to provisionally renew the tenure, the Minister may—\nprovisionally renew the tenure; or\nrefuse to renew the tenure.\n(sec.108-ssec.1) The Minister must provisionally renew an exploration permit if the applicant— does what is required by sections 101 to 106 ; and has complied with— this Act; and the regulations; and the tenure conditions. Under section 89 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration). The renewal will not be registered until it has been properly accepted (see section 114 for proper acceptance ). Under section 118 , new conditions may be imposed on renewal.\n(sec.108-ssec.2) If subsection (1) does not require the Minister to provisionally renew the tenure, the Minister may— provisionally renew the tenure; or refuse to renew the tenure.\n- (a) does what is required by sections 101 to 106 ; and\n- (b) has complied with— (i) this Act; and (ii) the regulations; and (iii) the tenure conditions.\n- (i) this Act; and\n- (ii) the regulations; and\n- (iii) the tenure conditions.\n- (i) this Act; and\n- (ii) the regulations; and\n- (iii) the tenure conditions.\n- (a) provisionally renew the tenure; or\n- (b) refuse to renew the tenure.","sortOrder":118},{"sectionNumber":"sec.109","sectionType":"section","heading":"Section number not used","content":"### sec.109 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":119},{"sectionNumber":"sec.110","sectionType":"section","heading":"Applicant must be notified","content":"### sec.110 Applicant must be notified\n\nThe Minister must give the applicant notice of the Minister’s decision under section 108 .\nIf the Minister provisionally renews the exploration permit under section 108 , the notice must contain notification—\nof the conditions of the renewed tenure; and\nof any decision under section 399 that the applicant must lodge a security or a further security; and\nthat the provisional renewal will lapse unless the applicant, before the end of the primary payment period—\ngives the Minister a written acceptance of the renewal; and\nlodges any security required by the Minister under section 399 ; and\npays the fees that must be paid under section 425 .\nSection 118 provides for renewals to be granted subject to conditions.\n(sec.110-ssec.1) The Minister must give the applicant notice of the Minister’s decision under section 108 .\n(sec.110-ssec.2) If the Minister provisionally renews the exploration permit under section 108 , the notice must contain notification— of the conditions of the renewed tenure; and of any decision under section 399 that the applicant must lodge a security or a further security; and that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— gives the Minister a written acceptance of the renewal; and lodges any security required by the Minister under section 399 ; and pays the fees that must be paid under section 425 . Section 118 provides for renewals to be granted subject to conditions.\n- (a) of the conditions of the renewed tenure; and\n- (b) of any decision under section 399 that the applicant must lodge a security or a further security; and\n- (c) that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— (i) gives the Minister a written acceptance of the renewal; and (ii) lodges any security required by the Minister under section 399 ; and (iii) pays the fees that must be paid under section 425 .\n- (i) gives the Minister a written acceptance of the renewal; and\n- (ii) lodges any security required by the Minister under section 399 ; and\n- (iii) pays the fees that must be paid under section 425 .\n- (i) gives the Minister a written acceptance of the renewal; and\n- (ii) lodges any security required by the Minister under section 399 ; and\n- (iii) pays the fees that must be paid under section 425 .","sortOrder":120},{"sectionNumber":"sec.111","sectionType":"section","heading":"Amendment of conditions","content":"### sec.111 Amendment of conditions\n\nIf the tenure holder—\nhas been provisionally granted a renewal of the tenure under section 108 ; and\nis notified of the tenure conditions; and\nis dissatisfied with the conditions;\nthe holder may ask the Minister to amend the conditions.\nThe request must be made within 30 days after the day on which the holder is given notice under section 110 .\nIf a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the holder, otherwise amend the conditions.\nThe Minister must give the holder notice of a decision under this section.\n(sec.111-ssec.1) If the tenure holder— has been provisionally granted a renewal of the tenure under section 108 ; and is notified of the tenure conditions; and is dissatisfied with the conditions; the holder may ask the Minister to amend the conditions.\n(sec.111-ssec.2) The request must be made within 30 days after the day on which the holder is given notice under section 110 .\n(sec.111-ssec.3) If a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the holder, otherwise amend the conditions.\n(sec.111-ssec.4) The Minister must give the holder notice of a decision under this section.\n- (a) has been provisionally granted a renewal of the tenure under section 108 ; and\n- (b) is notified of the tenure conditions; and\n- (c) is dissatisfied with the conditions;","sortOrder":121},{"sectionNumber":"sec.112","sectionType":"section","heading":"Amendment of security requirements","content":"### sec.112 Amendment of security requirements\n\nIf the tenure holder—\nhas been provisionally granted a renewal of the tenure under section 108 ; and\nis notified of a security requirement; and\nis dissatisfied with the amount of the security required;\nthe holder may ask the Minister to make a new decision under section 399 .\nThe request must be made within 30 days after the day on which the holder is given notice under section 110 .\nIf a request is made under subsection (1) , the Minister may make a new decision under section 399 .\nThe Minister must give the holder notice of the new decision.\n(sec.112-ssec.1) If the tenure holder— has been provisionally granted a renewal of the tenure under section 108 ; and is notified of a security requirement; and is dissatisfied with the amount of the security required; the holder may ask the Minister to make a new decision under section 399 .\n(sec.112-ssec.2) The request must be made within 30 days after the day on which the holder is given notice under section 110 .\n(sec.112-ssec.3) If a request is made under subsection (1) , the Minister may make a new decision under section 399 .\n(sec.112-ssec.4) The Minister must give the holder notice of the new decision.\n- (a) has been provisionally granted a renewal of the tenure under section 108 ; and\n- (b) is notified of a security requirement; and\n- (c) is dissatisfied with the amount of the security required;","sortOrder":122},{"sectionNumber":"sec.113","sectionType":"section","heading":"Extension of primary payment period","content":"### sec.113 Extension of primary payment period\n\nIf the tenure holder makes a request under section 111 or 112 , the holder may ask the Minister to extend the primary payment period.\nThe request must be made within 30 days after the day on which the holder is given notice under section 110 .\nIf the Minister agrees to the request, the Minister must—\ndecide the period of the extension; and\ngive the holder a notice informing the holder of the period of the extension.\n(sec.113-ssec.1) If the tenure holder makes a request under section 111 or 112 , the holder may ask the Minister to extend the primary payment period.\n(sec.113-ssec.2) The request must be made within 30 days after the day on which the holder is given notice under section 110 .\n(sec.113-ssec.3) If the Minister agrees to the request, the Minister must— decide the period of the extension; and give the holder a notice informing the holder of the period of the extension.\n- (a) decide the period of the extension; and\n- (b) give the holder a notice informing the holder of the period of the extension.","sortOrder":123},{"sectionNumber":"sec.114","sectionType":"section","heading":"Acceptance of renewal of exploration permit","content":"### sec.114 Acceptance of renewal of exploration permit\n\nThe provisional renewal of an exploration permit is properly accepted by the tenure holder if, before the required time, the holder—\ngives the Minister a written acceptance of the renewal; and\nlodges any security required under section 399 ; and\npays the fee that must be paid under section 425 .\nThe required time under subsection (1) is the end of the primary payment period or, if the tenure holder has been granted an extension of the primary payment period under section 113 , the end of the secondary payment period.\nUnder section 89 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration).\n(sec.114-ssec.1) The provisional renewal of an exploration permit is properly accepted by the tenure holder if, before the required time, the holder— gives the Minister a written acceptance of the renewal; and lodges any security required under section 399 ; and pays the fee that must be paid under section 425 .\n(sec.114-ssec.2) The required time under subsection (1) is the end of the primary payment period or, if the tenure holder has been granted an extension of the primary payment period under section 113 , the end of the secondary payment period. Under section 89 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration).\n- (a) gives the Minister a written acceptance of the renewal; and\n- (b) lodges any security required under section 399 ; and\n- (c) pays the fee that must be paid under section 425 .","sortOrder":124},{"sectionNumber":"sec.115","sectionType":"section","heading":"Conditions applicable to tenure on renewal","content":"### sec.115 Conditions applicable to tenure on renewal\n\nIf the provisional renewal is properly accepted under section 114 , the renewed tenure is subject to—\nthe conditions specified in the notice given to the tenure holder under section 110 ; or\nif the Minister amended those conditions under section 111 —those conditions as amended.\n- (a) the conditions specified in the notice given to the tenure holder under section 110 ; or\n- (b) if the Minister amended those conditions under section 111 —those conditions as amended.","sortOrder":125},{"sectionNumber":"sec.116","sectionType":"section","heading":"Lapse of provisional renewal of exploration permit","content":"### sec.116 Lapse of provisional renewal of exploration permit\n\nIf the provisional renewal of an exploration permit is not properly accepted under section 114 , the provisional renewal lapses.","sortOrder":126},{"sectionNumber":"ch.2-pt.2.2-div.7","sectionType":"division","heading":"Obligations associated with exploration permit","content":"## Obligations associated with exploration permit","sortOrder":127},{"sectionNumber":"sec.117","sectionType":"section","heading":"General","content":"### sec.117 General\n\nThe sources of obligations associated with an exploration permit are—\nthe tenure conditions; and\nobligations arising from directions under section 387 or 392 given by the Minister; and\nobligations imposed by this Act and the regulations.\nFor paragraph (a) see sections 118 to 120 . For paragraph (c) see sections 44 , 123 to 125 , 372 and 391 (1) .\nIf an exploration permit has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the tenure.\n(sec.117-ssec.1) The sources of obligations associated with an exploration permit are— the tenure conditions; and obligations arising from directions under section 387 or 392 given by the Minister; and obligations imposed by this Act and the regulations. For paragraph (a) see sections 118 to 120 . For paragraph (c) see sections 44 , 123 to 125 , 372 and 391 (1) .\n(sec.117-ssec.2) If an exploration permit has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the tenure.\n- (a) the tenure conditions; and\n- (b) obligations arising from directions under section 387 or 392 given by the Minister; and\n- (c) obligations imposed by this Act and the regulations.","sortOrder":128},{"sectionNumber":"sec.118","sectionType":"section","heading":"Conditions of exploration permit","content":"### sec.118 Conditions of exploration permit\n\nThe Minister may grant or renew an exploration permit subject to whatever conditions the Minister considers appropriate.\nIf the Minister grants or renews an exploration permit subject to conditions, the conditions must be specified in the tenure.\nWithout limiting subsection (1) , the Minister may attach conditions to the grant or renewal of an exploration permit requiring the tenure holder to do the following types of things—\ntake out insurance as required by the Minister;\ncarry out certain work in or in relation to the tenure area during the term of the tenure;\nspend a specified amount of money in carrying out the work referred to in paragraph (b) ;\nlodge a security with the Minister;\nkeep specified information;\ngive the Minister, on request, specified information;\na condition requiring the holder to take steps to protect the environment of the tenure area, including conditions about—\nprotecting wildlife; or\nminimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\nrepair any damage to the environment caused by activities in the tenure area;\npay a specified penalty to the State if the holder does not comply with a tenure condition.\nA condition under subsection (3) (d) must specify—\nthe amount of the security required; and\nthe kind of security required; and\nthe way and the form in which the security is to be lodged.\nWithout limiting subsection (3) (d) , a condition under that paragraph may require the lodgment of a security in the form of a guarantee and, if a guarantee is required, the condition may specify—\nthe kind of person who is to give the guarantee; and\nthe terms of the guarantee.\n(sec.118-ssec.1) The Minister may grant or renew an exploration permit subject to whatever conditions the Minister considers appropriate.\n(sec.118-ssec.2) If the Minister grants or renews an exploration permit subject to conditions, the conditions must be specified in the tenure.\n(sec.118-ssec.3) Without limiting subsection (1) , the Minister may attach conditions to the grant or renewal of an exploration permit requiring the tenure holder to do the following types of things— take out insurance as required by the Minister; carry out certain work in or in relation to the tenure area during the term of the tenure; spend a specified amount of money in carrying out the work referred to in paragraph (b) ; lodge a security with the Minister; keep specified information; give the Minister, on request, specified information; a condition requiring the holder to take steps to protect the environment of the tenure area, including conditions about— protecting wildlife; or minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area; repair any damage to the environment caused by activities in the tenure area; pay a specified penalty to the State if the holder does not comply with a tenure condition.\n(sec.118-ssec.4) A condition under subsection (3) (d) must specify— the amount of the security required; and the kind of security required; and the way and the form in which the security is to be lodged.\n(sec.118-ssec.5) Without limiting subsection (3) (d) , a condition under that paragraph may require the lodgment of a security in the form of a guarantee and, if a guarantee is required, the condition may specify— the kind of person who is to give the guarantee; and the terms of the guarantee.\n- (a) take out insurance as required by the Minister;\n- (b) carry out certain work in or in relation to the tenure area during the term of the tenure;\n- (c) spend a specified amount of money in carrying out the work referred to in paragraph (b) ;\n- (d) lodge a security with the Minister;\n- (e) keep specified information;\n- (f) give the Minister, on request, specified information;\n- (g) a condition requiring the holder to take steps to protect the environment of the tenure area, including conditions about— (i) protecting wildlife; or (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\n- (i) protecting wildlife; or\n- (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\n- (h) repair any damage to the environment caused by activities in the tenure area;\n- (i) pay a specified penalty to the State if the holder does not comply with a tenure condition.\n- (i) protecting wildlife; or\n- (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\n- (a) the amount of the security required; and\n- (b) the kind of security required; and\n- (c) the way and the form in which the security is to be lodged.\n- (a) the kind of person who is to give the guarantee; and\n- (b) the terms of the guarantee.","sortOrder":129},{"sectionNumber":"sec.119","sectionType":"section","heading":"No conditions requiring payment of money","content":"### sec.119 No conditions requiring payment of money\n\nExcept for a condition requiring the payment of a penalty or lodgment of security, a tenure condition must not require the payment of money to the State.","sortOrder":130},{"sectionNumber":"sec.120","sectionType":"section","heading":"Variation of conditions","content":"### sec.120 Variation of conditions\n\nIf—\nan exploration permit holder requests the Minister in writing to vary the tenure conditions; or\nan exploration permit continues in force because of section 93 ; or\nan extension of the term of an exploration permit is granted under section 95 ; or\npart of the tenure area of an exploration permit is surrendered under section 99 or 100 ;\nthe Minister may vary the tenure conditions.\nIf the Minister gives—\na direction under section 387 ; or\nan approval, consent or exemption under a regulation;\nto an exploration permit holder, the Minister may vary the tenure conditions to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\nThe Minister may vary the tenure conditions subject to whatever conditions the Minister considers appropriate.\nIf the Minister varies the tenure conditions, the Minister must give the tenure holder a notice that—\ninforms the holder of the variation; and\nspecifies the conditions that have been varied; and\nspecifies any conditions to which the variation is subject.\n(sec.120-ssec.1) If— an exploration permit holder requests the Minister in writing to vary the tenure conditions; or an exploration permit continues in force because of section 93 ; or an extension of the term of an exploration permit is granted under section 95 ; or part of the tenure area of an exploration permit is surrendered under section 99 or 100 ; the Minister may vary the tenure conditions.\n(sec.120-ssec.2) If the Minister gives— a direction under section 387 ; or an approval, consent or exemption under a regulation; to an exploration permit holder, the Minister may vary the tenure conditions to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\n(sec.120-ssec.3) The Minister may vary the tenure conditions subject to whatever conditions the Minister considers appropriate.\n(sec.120-ssec.4) If the Minister varies the tenure conditions, the Minister must give the tenure holder a notice that— informs the holder of the variation; and specifies the conditions that have been varied; and specifies any conditions to which the variation is subject.\n- (a) an exploration permit holder requests the Minister in writing to vary the tenure conditions; or\n- (b) an exploration permit continues in force because of section 93 ; or\n- (c) an extension of the term of an exploration permit is granted under section 95 ; or\n- (d) part of the tenure area of an exploration permit is surrendered under section 99 or 100 ;\n- (a) a direction under section 387 ; or\n- (b) an approval, consent or exemption under a regulation;\n- (a) informs the holder of the variation; and\n- (b) specifies the conditions that have been varied; and\n- (c) specifies any conditions to which the variation is subject.","sortOrder":131},{"sectionNumber":"sec.121","sectionType":"section","heading":"Exemption from or suspension of conditions","content":"### sec.121 Exemption from or suspension of conditions\n\nIf—\nan exploration permit holder requests the Minister in writing to—\nsuspend a tenure condition; or\nexempt the holder from complying with a tenure condition; or\nan exploration permit continues in force because of section 93 ; or\nan extension of the term of an exploration permit is granted under section 95 ; or\npart of the tenure area of an exploration permit is surrendered under section 99 or 100 ;\nthe Minister may—\nsuspend a tenure condition; or\nexempt the holder from complying with a tenure condition.\nIf the Minister gives—\na direction under section 387 ; or\nan approval, consent or exemption under a regulation;\nto an exploration permit holder, the Minister may suspend a tenure condition, or exempt the holder from compliance with a tenure condition, to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\nThe Minister may—\nsuspend a tenure condition; or\nexempt the tenure holder from complying with a tenure condition;\nsubject to whatever conditions the Minister considers appropriate.\nIf the Minister—\nsuspends a tenure condition; or\nexempts the tenure holder from complying with a tenure condition;\nthe Minister must give the holder a notice that—\ninforms the holder of the exemption or suspension; and\nspecifies the conditions that have been suspended or affected by the exemption; and\nspecifies any conditions to which the suspension or exemption is subject.\nA suspension or exemption of a condition can not be effective before it is registered (see section 337 ).\n(sec.121-ssec.1) If— an exploration permit holder requests the Minister in writing to— suspend a tenure condition; or exempt the holder from complying with a tenure condition; or an exploration permit continues in force because of section 93 ; or an extension of the term of an exploration permit is granted under section 95 ; or part of the tenure area of an exploration permit is surrendered under section 99 or 100 ; the Minister may— suspend a tenure condition; or exempt the holder from complying with a tenure condition.\n(sec.121-ssec.2) If the Minister gives— a direction under section 387 ; or an approval, consent or exemption under a regulation; to an exploration permit holder, the Minister may suspend a tenure condition, or exempt the holder from compliance with a tenure condition, to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\n(sec.121-ssec.3) The Minister may— suspend a tenure condition; or exempt the tenure holder from complying with a tenure condition; subject to whatever conditions the Minister considers appropriate.\n(sec.121-ssec.4) If the Minister— suspends a tenure condition; or exempts the tenure holder from complying with a tenure condition; the Minister must give the holder a notice that— informs the holder of the exemption or suspension; and specifies the conditions that have been suspended or affected by the exemption; and specifies any conditions to which the suspension or exemption is subject. A suspension or exemption of a condition can not be effective before it is registered (see section 337 ).\n- (a) an exploration permit holder requests the Minister in writing to— (i) suspend a tenure condition; or (ii) exempt the holder from complying with a tenure condition; or\n- (i) suspend a tenure condition; or\n- (ii) exempt the holder from complying with a tenure condition; or\n- (b) an exploration permit continues in force because of section 93 ; or\n- (c) an extension of the term of an exploration permit is granted under section 95 ; or\n- (d) part of the tenure area of an exploration permit is surrendered under section 99 or 100 ;\n- (i) suspend a tenure condition; or\n- (ii) exempt the holder from complying with a tenure condition; or\n- (e) suspend a tenure condition; or\n- (f) exempt the holder from complying with a tenure condition.\n- (a) a direction under section 387 ; or\n- (b) an approval, consent or exemption under a regulation;\n- (a) suspend a tenure condition; or\n- (b) exempt the tenure holder from complying with a tenure condition;\n- (a) suspends a tenure condition; or\n- (b) exempts the tenure holder from complying with a tenure condition;\n- (c) informs the holder of the exemption or suspension; and\n- (d) specifies the conditions that have been suspended or affected by the exemption; and\n- (e) specifies any conditions to which the suspension or exemption is subject.","sortOrder":132},{"sectionNumber":"sec.122","sectionType":"section","heading":"Automatic suspension of conditions if tenure rights are suspended","content":"### sec.122 Automatic suspension of conditions if tenure rights are suspended\n\nIf—\nthe Minister suspends particular rights conferred by an exploration permit under section 48 ; and\na tenure condition is affected by the suspension;\nthe tenure condition is suspended for the period of the suspension of the rights.\n- (a) the Minister suspends particular rights conferred by an exploration permit under section 48 ; and\n- (b) a tenure condition is affected by the suspension;","sortOrder":133},{"sectionNumber":"sec.123","sectionType":"section","heading":"Work practices","content":"### sec.123 Work practices\n\nA person who is an exploration permit holder or an associate of the holder, in carrying out activities in the tenure area that are authorised by the tenure, must take all reasonable steps—\nto ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\nto maintain in good repair all structures and equipment erected in, or brought into, the tenure area by the person; and\nto remove from the tenure area any structure, equipment or other property that—\nbelongs to the person, or is under the person’s control; and\nis not being used, or is not going to be used, in connection with the activities.\nMaximum penalty—267 penalty units.\nThe safety of offshore exploration activities is governed by the Mining and Quarrying Safety and Health Act 1999 —see the definition of mine in section 9 of that Act.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\ns 123 amd 2013 No. 51 s 229 sch 1\n- (a) to ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\n- (b) to maintain in good repair all structures and equipment erected in, or brought into, the tenure area by the person; and\n- (c) to remove from the tenure area any structure, equipment or other property that— (i) belongs to the person, or is under the person’s control; and (ii) is not being used, or is not going to be used, in connection with the activities.\n- (i) belongs to the person, or is under the person’s control; and\n- (ii) is not being used, or is not going to be used, in connection with the activities.\n- (i) belongs to the person, or is under the person’s control; and\n- (ii) is not being used, or is not going to be used, in connection with the activities.\n- 1 The safety of offshore exploration activities is governed by the Mining and Quarrying Safety and Health Act 1999 —see the definition of mine in section 9 of that Act.\n- 2 If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.","sortOrder":134},{"sectionNumber":"sec.124","sectionType":"section","heading":"Tenure holder must keep specified records etc.","content":"### sec.124 Tenure holder must keep specified records etc.\n\nAn exploration permit holder must—\nkeep whatever records and samples; and\ngive whatever records and samples to the Minister for inspection; and\nmake whatever returns;\nare necessary to comply with—\nthe regulations; or\nthe tenure conditions; or\na direction given by the Minister under section 387 .\nUnder sections 386 and 387 the Minister may direct a person to keep records and samples, to give records and samples to the Minister, and to make returns.\nMaximum penalty—134 penalty units.\n- (a) keep whatever records and samples; and\n- (b) give whatever records and samples to the Minister for inspection; and\n- (c) make whatever returns;\n- (d) the regulations; or\n- (e) the tenure conditions; or\n- (f) a direction given by the Minister under section 387 .","sortOrder":135},{"sectionNumber":"sec.125","sectionType":"section","heading":"Tenure holder must help inspectors","content":"### sec.125 Tenure holder must help inspectors\n\nAn exploration permit holder must provide an inspector with reasonable facilities and help so that the inspector is able to carry out compliance inspections.\nSee sections 377 to 384 for compliance inspections.\nMaximum penalty—67 penalty units.","sortOrder":136},{"sectionNumber":"ch.2-pt.2.2-div.8","sectionType":"division","heading":"Expiry of exploration permit","content":"## Expiry of exploration permit","sortOrder":137},{"sectionNumber":"sec.126","sectionType":"section","heading":"General","content":"### sec.126 General\n\nAn exploration permit expires if—\nthe term of the tenure ends without the tenure being renewed; or\nthe tenure holder surrenders the tenure; or\na mineral development licence is granted over the sub-blocks in the tenure area of the exploration permit; or\na mining lease is granted over the sub-blocks in the tenure area of the exploration permit; or\nthe tenure is cancelled.\nFor paragraph (a) see division 6 . For paragraph (b) see section 127 . For paragraph (c) see section 128 . For paragraph (d) see section 129 . For paragraph (e) see section 130 .\nIn subsection (1) (a) , the reference to the term of the tenure includes any period during which the tenure is in force under section 90 , 91 , 92 or 93 .\n(sec.126-ssec.1) An exploration permit expires if— the term of the tenure ends without the tenure being renewed; or the tenure holder surrenders the tenure; or a mineral development licence is granted over the sub-blocks in the tenure area of the exploration permit; or a mining lease is granted over the sub-blocks in the tenure area of the exploration permit; or the tenure is cancelled. For paragraph (a) see division 6 . For paragraph (b) see section 127 . For paragraph (c) see section 128 . For paragraph (d) see section 129 . For paragraph (e) see section 130 .\n(sec.126-ssec.2) In subsection (1) (a) , the reference to the term of the tenure includes any period during which the tenure is in force under section 90 , 91 , 92 or 93 .\n- (a) the term of the tenure ends without the tenure being renewed; or\n- (b) the tenure holder surrenders the tenure; or\n- (c) a mineral development licence is granted over the sub-blocks in the tenure area of the exploration permit; or\n- (d) a mining lease is granted over the sub-blocks in the tenure area of the exploration permit; or\n- (e) the tenure is cancelled.","sortOrder":138},{"sectionNumber":"sec.127","sectionType":"section","heading":"Voluntary surrender of exploration permit","content":"### sec.127 Voluntary surrender of exploration permit\n\nAn exploration permit holder may surrender the tenure.\nSee Division 5 for voluntary surrender of part of a tenure area.\nThe surrender takes effect when it is registered under section 337 (see section 337 (5) ).","sortOrder":139},{"sectionNumber":"sec.128","sectionType":"section","heading":"Automatic expiry of exploration permit when mineral development licence takes effect","content":"### sec.128 Automatic expiry of exploration permit when mineral development licence takes effect\n\nIf—\nan exploration permit is in force; and\na mineral development licence over all or some of the sub-blocks in the exploration permit area comes into force under section 154 ;\nthe exploration permit expires in relation to the sub-blocks covered by the mineral development licence.\n- (a) an exploration permit is in force; and\n- (b) a mineral development licence over all or some of the sub-blocks in the exploration permit area comes into force under section 154 ;","sortOrder":140},{"sectionNumber":"sec.129","sectionType":"section","heading":"Automatic expiry of exploration permit when mining lease takes effect","content":"### sec.129 Automatic expiry of exploration permit when mining lease takes effect\n\nIf—\nan exploration permit is in force; and\na mining lease over all or some of the sub-blocks in the exploration permit area comes into force under section 232 ;\nthe exploration permit expires in relation to the sub-blocks covered by the mining lease.\n- (a) an exploration permit is in force; and\n- (b) a mining lease over all or some of the sub-blocks in the exploration permit area comes into force under section 232 ;","sortOrder":141},{"sectionNumber":"sec.130","sectionType":"section","heading":"Cancellation of exploration permit","content":"### sec.130 Cancellation of exploration permit\n\nSubject to subsection (5) , the Minister may cancel an exploration permit if the tenure holder—\nbreaches a tenure condition; or\ncontravenes a provision of this Act or the regulations; or\nbreaches a condition attached to an approval under section 365 (2) .\nIf the Minister proposes to cancel a tenure under subsection (1) , the Minister must give the tenure holder a notice that informs the holder of the proposed cancellation.\nThe notice must—\nspecify the reason for the proposed cancellation; and\ninvite the holder to make submissions about the proposed cancellation; and\nspecify the day by which submissions may be given to the Minister; and\nspecify an address where submissions are to be lodged.\nThe day specified under subsection (3) (c) must be not less than 60 days after the day on which the notice is given.\nThe Minister may cancel the tenure only if—\nthe holder has been given a notice under subsection (2) ; and\nthe Minister has considered—\nany submission made by the holder as provided by the notice under subsection (3) ; and\nany steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\nthe Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n(sec.130-ssec.1) Subject to subsection (5) , the Minister may cancel an exploration permit if the tenure holder— breaches a tenure condition; or contravenes a provision of this Act or the regulations; or breaches a condition attached to an approval under section 365 (2) .\n(sec.130-ssec.2) If the Minister proposes to cancel a tenure under subsection (1) , the Minister must give the tenure holder a notice that informs the holder of the proposed cancellation.\n(sec.130-ssec.3) The notice must— specify the reason for the proposed cancellation; and invite the holder to make submissions about the proposed cancellation; and specify the day by which submissions may be given to the Minister; and specify an address where submissions are to be lodged.\n(sec.130-ssec.4) The day specified under subsection (3) (c) must be not less than 60 days after the day on which the notice is given.\n(sec.130-ssec.5) The Minister may cancel the tenure only if— the holder has been given a notice under subsection (2) ; and the Minister has considered— any submission made by the holder as provided by the notice under subsection (3) ; and any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and the Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n- (a) breaches a tenure condition; or\n- (b) contravenes a provision of this Act or the regulations; or\n- (c) breaches a condition attached to an approval under section 365 (2) .\n- (a) specify the reason for the proposed cancellation; and\n- (b) invite the holder to make submissions about the proposed cancellation; and\n- (c) specify the day by which submissions may be given to the Minister; and\n- (d) specify an address where submissions are to be lodged.\n- (a) the holder has been given a notice under subsection (2) ; and\n- (b) the Minister has considered— (i) any submission made by the holder as provided by the notice under subsection (3) ; and (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\n- (i) any submission made by the holder as provided by the notice under subsection (3) ; and\n- (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\n- (c) the Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n- (i) any submission made by the holder as provided by the notice under subsection (3) ; and\n- (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and","sortOrder":142},{"sectionNumber":"sec.131","sectionType":"section","heading":"Obligations of former exploration permit holders and former associates","content":"### sec.131 Obligations of former exploration permit holders and former associates\n\nSubject to subsection (4) , if—\na person was—\nan exploration permit holder; or\nan associate of an exploration permit holder; and\nthe tenure—\nexpires; or\nis cancelled; or\nis surrendered; and\nan obligation associated with the tenure arising out of—\na tenure condition; or\na direction given under section 387 ; or\nthis Act or the regulations; or\nhas not been discharged; and\nthe person was bound by that obligation when the person was the tenure holder or an associate;\nthe person remains bound by the obligation until the obligation is discharged.\nSubsection (1) does not continue an obligation to carry out exploration or recovery activities.\nSubsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular way if the person carries them out.\nThe Minister may decide that the person is not subject to—\nany particular obligation under this section; or\nall the person’s remaining obligations under this section.\nA decision under subsection (4) must be in writing.\n(sec.131-ssec.1) Subject to subsection (4) , if— a person was— an exploration permit holder; or an associate of an exploration permit holder; and the tenure— expires; or is cancelled; or is surrendered; and an obligation associated with the tenure arising out of— a tenure condition; or a direction given under section 387 ; or this Act or the regulations; or has not been discharged; and the person was bound by that obligation when the person was the tenure holder or an associate; the person remains bound by the obligation until the obligation is discharged.\n(sec.131-ssec.2) Subsection (1) does not continue an obligation to carry out exploration or recovery activities.\n(sec.131-ssec.3) Subsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular way if the person carries them out.\n(sec.131-ssec.4) The Minister may decide that the person is not subject to— any particular obligation under this section; or all the person’s remaining obligations under this section.\n(sec.131-ssec.5) A decision under subsection (4) must be in writing.\n- (a) a person was— (i) an exploration permit holder; or (ii) an associate of an exploration permit holder; and\n- (i) an exploration permit holder; or\n- (ii) an associate of an exploration permit holder; and\n- (b) the tenure— (i) expires; or (ii) is cancelled; or (iii) is surrendered; and\n- (i) expires; or\n- (ii) is cancelled; or\n- (iii) is surrendered; and\n- (c) an obligation associated with the tenure arising out of— (i) a tenure condition; or (ii) a direction given under section 387 ; or (iii) this Act or the regulations; or has not been discharged; and\n- (i) a tenure condition; or\n- (ii) a direction given under section 387 ; or\n- (iii) this Act or the regulations; or\n- (d) the person was bound by that obligation when the person was the tenure holder or an associate;\n- (i) an exploration permit holder; or\n- (ii) an associate of an exploration permit holder; and\n- (i) expires; or\n- (ii) is cancelled; or\n- (iii) is surrendered; and\n- (i) a tenure condition; or\n- (ii) a direction given under section 387 ; or\n- (iii) this Act or the regulations; or\n- (a) any particular obligation under this section; or\n- (b) all the person’s remaining obligations under this section.","sortOrder":143},{"sectionNumber":"ch.2-pt.2.3","sectionType":"part","heading":"Mineral development licences","content":"# Mineral development licences","sortOrder":144},{"sectionNumber":"ch.2-pt.2.3-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":145},{"sectionNumber":"sec.132","sectionType":"section","heading":"Mineral development licences","content":"### sec.132 Mineral development licences\n\nThis part provides for the grant of mineral development licences over sub-blocks in coastal waters.\nA mineral development licence is designed to allow an exploration permit holder to retain rights over an area if—\nthe holder has identified and evaluated a significant mineral deposit in the exploration permit area; and\nmining the deposit is not commercially viable in the short term; and\nthere is a reasonable prospect of development of the deposit in the longer term.\nSee section 145 for the grounds on which a mineral development licence may be granted.\n- • the holder has identified and evaluated a significant mineral deposit in the exploration permit area; and\n- • mining the deposit is not commercially viable in the short term; and\n- • there is a reasonable prospect of development of the deposit in the longer term.","sortOrder":146},{"sectionNumber":"sec.133","sectionType":"section","heading":"Activities authorised by a mineral development licence","content":"### sec.133 Activities authorised by a mineral development licence\n\nSubject to subsections (2) and (3) , a mineral development licence holder may—\nexplore for minerals in the tenure area; and\nrecover minerals in the tenure area.\nThe mineral development licence may specify a restricted range of activities that are the only ones authorised by the tenure (see section 146 (3) ).\nUnder section 23 (1) , the concept of exploration extends to activities that are directly related to exploration.\nUnder section 24 (1) , the concept of recovery extends to activities that are directly related to the recovery of minerals.\nA mineral development licence does not authorise the recovery of minerals as part of a commercial mining operation.\nIf the tenure is expressed to restrict the kind of minerals covered by the tenure, the holder is not permitted to explore for, or to recover, minerals not covered by the tenure.\nA restriction on the kind of minerals covered by the tenure may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).\nFor subsection (3) , the holder does not recover an excluded mineral if, in the course of exploring for, or recovering, another mineral, the holder recovers some excluded mineral.\n(sec.133-ssec.1) Subject to subsections (2) and (3) , a mineral development licence holder may— explore for minerals in the tenure area; and recover minerals in the tenure area. The mineral development licence may specify a restricted range of activities that are the only ones authorised by the tenure (see section 146 (3) ). Under section 23 (1) , the concept of exploration extends to activities that are directly related to exploration. Under section 24 (1) , the concept of recovery extends to activities that are directly related to the recovery of minerals.\n(sec.133-ssec.2) A mineral development licence does not authorise the recovery of minerals as part of a commercial mining operation.\n(sec.133-ssec.3) If the tenure is expressed to restrict the kind of minerals covered by the tenure, the holder is not permitted to explore for, or to recover, minerals not covered by the tenure.\n(sec.133-ssec.4) A restriction on the kind of minerals covered by the tenure may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).\n(sec.133-ssec.5) For subsection (3) , the holder does not recover an excluded mineral if, in the course of exploring for, or recovering, another mineral, the holder recovers some excluded mineral.\n- (a) explore for minerals in the tenure area; and\n- (b) recover minerals in the tenure area.","sortOrder":147},{"sectionNumber":"sec.134","sectionType":"section","heading":"Minister may cancel or not renew mineral development licence without compensation","content":"### sec.134 Minister may cancel or not renew mineral development licence without compensation\n\nNo compensation is payable because of the cancellation or non-renewal of a mineral development licence by the Minister.\nThe Minister may cancel the tenure under section 189 or 190 .\nThe Minister may refuse to renew the tenure under section 165 .","sortOrder":148},{"sectionNumber":"sec.135","sectionType":"section","heading":"Tenure rights may be suspended","content":"### sec.135 Tenure rights may be suspended\n\nThe Minister must suspend particular rights conferred by a mineral development licence if the Minister is satisfied that it is necessary in the public interest to do so.\nThe Minister may suspend rights under subsection (1) for a specified period or for an indefinite period.\nThe Minister may end a suspension at any time.\nA suspension or the ending of a suspension must be in writing.\nIf the Minister—\nsuspends rights conferred by a mineral development licence; or\nends a suspension;\nthe Minister must give the tenure holder a notice that informs the holder of the suspension or the ending of a suspension.\nSee section 181 for the effect of the suspension on the obligations associated with the tenure.\nA suspension takes effect when—\nthe holder has been given notice of the suspension under subsection (5) ; and\nthe suspension has been registered under section 337 .\n(sec.135-ssec.1) The Minister must suspend particular rights conferred by a mineral development licence if the Minister is satisfied that it is necessary in the public interest to do so.\n(sec.135-ssec.2) The Minister may suspend rights under subsection (1) for a specified period or for an indefinite period.\n(sec.135-ssec.3) The Minister may end a suspension at any time.\n(sec.135-ssec.4) A suspension or the ending of a suspension must be in writing.\n(sec.135-ssec.5) If the Minister— suspends rights conferred by a mineral development licence; or ends a suspension; the Minister must give the tenure holder a notice that informs the holder of the suspension or the ending of a suspension. See section 181 for the effect of the suspension on the obligations associated with the tenure.\n(sec.135-ssec.6) A suspension takes effect when— the holder has been given notice of the suspension under subsection (5) ; and the suspension has been registered under section 337 .\n- (a) suspends rights conferred by a mineral development licence; or\n- (b) ends a suspension;\n- (a) the holder has been given notice of the suspension under subsection (5) ; and\n- (b) the suspension has been registered under section 337 .","sortOrder":149},{"sectionNumber":"sec.136","sectionType":"section","heading":"Compensation for acquisition of property due to suspension of rights","content":"### sec.136 Compensation for acquisition of property due to suspension of rights\n\nIf—\nthe Minister suspends tenure rights under section 135 ; and\nthe suspension results in the acquisition of property from a person; and\nthe State and the person agree on an amount of compensation for the acquisition;\nthe State must pay the person the agreed amount of compensation.\nIf—\nthe Minister suspends tenure rights under section 135 ; and\nthe suspension results in the acquisition of property from a person; and\nthe State and the person do not agree on an amount of compensation for the acquisition; and\nthe person brings an action for compensation against the State in the Wardens Court;\nthe State must pay the person the amount of compensation (if any) that is decided by the court.\nIn this section—\nacquisition of property see the Commonwealth Constitution, section 51 (xxxi) .\n(sec.136-ssec.1) If— the Minister suspends tenure rights under section 135 ; and the suspension results in the acquisition of property from a person; and the State and the person agree on an amount of compensation for the acquisition; the State must pay the person the agreed amount of compensation.\n(sec.136-ssec.2) If— the Minister suspends tenure rights under section 135 ; and the suspension results in the acquisition of property from a person; and the State and the person do not agree on an amount of compensation for the acquisition; and the person brings an action for compensation against the State in the Wardens Court; the State must pay the person the amount of compensation (if any) that is decided by the court.\n(sec.136-ssec.3) In this section— acquisition of property see the Commonwealth Constitution, section 51 (xxxi) .\n- (a) the Minister suspends tenure rights under section 135 ; and\n- (b) the suspension results in the acquisition of property from a person; and\n- (c) the State and the person agree on an amount of compensation for the acquisition;\n- (a) the Minister suspends tenure rights under section 135 ; and\n- (b) the suspension results in the acquisition of property from a person; and\n- (c) the State and the person do not agree on an amount of compensation for the acquisition; and\n- (d) the person brings an action for compensation against the State in the Wardens Court;","sortOrder":150},{"sectionNumber":"ch.2-pt.2.3-div.2","sectionType":"division","heading":"Application for and grant of mineral development licence","content":"## Application for and grant of mineral development licence","sortOrder":151},{"sectionNumber":"sec.137","sectionType":"section","heading":"Application for mineral development licence","content":"### sec.137 Application for mineral development licence\n\nAn exploration permit holder may apply to the Minister for a mineral development licence over sub-blocks within the exploration permit area.\nA person may apply for a mineral development licence over a group of sub-blocks only if—\nthe group forms a discrete area; and\nthere are not more than 20 sub-blocks in the group.\nThe exploration permit holder may apply for 2 or more mineral development licences over different parts of the exploration permit area.\n(sec.137-ssec.1) An exploration permit holder may apply to the Minister for a mineral development licence over sub-blocks within the exploration permit area.\n(sec.137-ssec.2) A person may apply for a mineral development licence over a group of sub-blocks only if— the group forms a discrete area; and there are not more than 20 sub-blocks in the group.\n(sec.137-ssec.3) The exploration permit holder may apply for 2 or more mineral development licences over different parts of the exploration permit area.\n- (a) the group forms a discrete area; and\n- (b) there are not more than 20 sub-blocks in the group.","sortOrder":152},{"sectionNumber":"sec.138","sectionType":"section","heading":"How to apply","content":"### sec.138 How to apply\n\nThe application must—\nbe made in accordance with the approved form; and\nbe made in the approved way; and\nspecify the sub-blocks for which the application is made; and\ninclude details of—\nthe reasons that the applicant is applying for a mineral development licence rather than a mining lease; and\nthe mineral deposit that the applicant has identified and evaluated and that the applicant believes is commercially viable in the longer term; and\nthe applicant’s assessment of the present and potential commercial viability of the mineral deposit; and\nthe overall work program that the applicant has already carried out under the exploration permit on the sub-blocks covered by the application; and\nthe amount of money that the applicant has already spent under the exploration permit on and in connection with the sub-blocks covered by the application; and\nthe activities that the applicant intends to carry out on the sub-blocks covered by the application; and\nthe amount of money that the applicant intends to spend on and in connection with those activities; and\nthe technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\nthe technical advice available to the applicant; and\nthe financial resources available to the applicant; and\nbe accompanied by maps that—\nrelate to the sub-blocks; and\ncomply with the regulations; and\nspecify an address for service of notices under this Act and the regulations.\nFor paragraphs (a) and (b) see section 41 .\nThe mineral deposit details given under subsection (1) (d) (ii) must include—\na full description of the mineral deposit; and\nboth factual information about the deposit and the applicant’s interpretation of the factual information.\nThe applicant may include in the application any other information that the applicant considers relevant.\n(sec.138-ssec.1) The application must— be made in accordance with the approved form; and be made in the approved way; and specify the sub-blocks for which the application is made; and include details of— the reasons that the applicant is applying for a mineral development licence rather than a mining lease; and the mineral deposit that the applicant has identified and evaluated and that the applicant believes is commercially viable in the longer term; and the applicant’s assessment of the present and potential commercial viability of the mineral deposit; and the overall work program that the applicant has already carried out under the exploration permit on the sub-blocks covered by the application; and the amount of money that the applicant has already spent under the exploration permit on and in connection with the sub-blocks covered by the application; and the activities that the applicant intends to carry out on the sub-blocks covered by the application; and the amount of money that the applicant intends to spend on and in connection with those activities; and the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and the technical advice available to the applicant; and the financial resources available to the applicant; and be accompanied by maps that— relate to the sub-blocks; and comply with the regulations; and specify an address for service of notices under this Act and the regulations. For paragraphs (a) and (b) see section 41 .\n(sec.138-ssec.2) The mineral deposit details given under subsection (1) (d) (ii) must include— a full description of the mineral deposit; and both factual information about the deposit and the applicant’s interpretation of the factual information.\n(sec.138-ssec.3) The applicant may include in the application any other information that the applicant considers relevant.\n- (a) be made in accordance with the approved form; and\n- (b) be made in the approved way; and\n- (c) specify the sub-blocks for which the application is made; and\n- (d) include details of— (i) the reasons that the applicant is applying for a mineral development licence rather than a mining lease; and (ii) the mineral deposit that the applicant has identified and evaluated and that the applicant believes is commercially viable in the longer term; and (iii) the applicant’s assessment of the present and potential commercial viability of the mineral deposit; and (iv) the overall work program that the applicant has already carried out under the exploration permit on the sub-blocks covered by the application; and (v) the amount of money that the applicant has already spent under the exploration permit on and in connection with the sub-blocks covered by the application; and (vi) the activities that the applicant intends to carry out on the sub-blocks covered by the application; and (vii) the amount of money that the applicant intends to spend on and in connection with those activities; and (viii) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and (ix) the technical advice available to the applicant; and (x) the financial resources available to the applicant; and\n- (i) the reasons that the applicant is applying for a mineral development licence rather than a mining lease; and\n- (ii) the mineral deposit that the applicant has identified and evaluated and that the applicant believes is commercially viable in the longer term; and\n- (iii) the applicant’s assessment of the present and potential commercial viability of the mineral deposit; and\n- (iv) the overall work program that the applicant has already carried out under the exploration permit on the sub-blocks covered by the application; and\n- (v) the amount of money that the applicant has already spent under the exploration permit on and in connection with the sub-blocks covered by the application; and\n- (vi) the activities that the applicant intends to carry out on the sub-blocks covered by the application; and\n- (vii) the amount of money that the applicant intends to spend on and in connection with those activities; and\n- (viii) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\n- (ix) the technical advice available to the applicant; and\n- (x) the financial resources available to the applicant; and\n- (e) be accompanied by maps that— (i) relate to the sub-blocks; and (ii) comply with the regulations; and\n- (i) relate to the sub-blocks; and\n- (ii) comply with the regulations; and\n- (f) specify an address for service of notices under this Act and the regulations.\n- (i) the reasons that the applicant is applying for a mineral development licence rather than a mining lease; and\n- (ii) the mineral deposit that the applicant has identified and evaluated and that the applicant believes is commercially viable in the longer term; and\n- (iii) the applicant’s assessment of the present and potential commercial viability of the mineral deposit; and\n- (iv) the overall work program that the applicant has already carried out under the exploration permit on the sub-blocks covered by the application; and\n- (v) the amount of money that the applicant has already spent under the exploration permit on and in connection with the sub-blocks covered by the application; and\n- (vi) the activities that the applicant intends to carry out on the sub-blocks covered by the application; and\n- (vii) the amount of money that the applicant intends to spend on and in connection with those activities; and\n- (viii) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\n- (ix) the technical advice available to the applicant; and\n- (x) the financial resources available to the applicant; and\n- (i) relate to the sub-blocks; and\n- (ii) comply with the regulations; and\n- (a) a full description of the mineral deposit; and\n- (b) both factual information about the deposit and the applicant’s interpretation of the factual information.","sortOrder":153},{"sectionNumber":"sec.139","sectionType":"section","heading":"Payment of fee","content":"### sec.139 Payment of fee\n\nThe applicant must pay the application fee prescribed under a regulation.\nThe fee must be paid when the application is made.\nThe Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.\n(sec.139-ssec.1) The applicant must pay the application fee prescribed under a regulation.\n(sec.139-ssec.2) The fee must be paid when the application is made.\n(sec.139-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.","sortOrder":154},{"sectionNumber":"sec.140","sectionType":"section","heading":"Application must be advertised","content":"### sec.140 Application must be advertised\n\nThe applicant must advertise the application in a newspaper circulating throughout the State.\nThe advertisement must contain—\nthe applicant’s name and address; and\na map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and\nthe address of the Minister; and\na statement that—\nthe applicant has applied for a mineral development licence for the sub-blocks described in the notice; and\ninvites comment from the public on the application; and\nrequests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\nThe advertisement must be published—\nas soon as possible after the applicant makes the application; and\nin any case, subject to subsection (4) , within 14 days after the day on which the applicant makes the application.\nIf—\nthe applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\nthe Minister extends the period;\nthe advertisement must be published within the period as extended by the Minister.\n(sec.140-ssec.1) The applicant must advertise the application in a newspaper circulating throughout the State.\n(sec.140-ssec.2) The advertisement must contain— the applicant’s name and address; and a map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and the address of the Minister; and a statement that— the applicant has applied for a mineral development licence for the sub-blocks described in the notice; and invites comment from the public on the application; and requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n(sec.140-ssec.3) The advertisement must be published— as soon as possible after the applicant makes the application; and in any case, subject to subsection (4) , within 14 days after the day on which the applicant makes the application.\n(sec.140-ssec.4) If— the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and the Minister extends the period; the advertisement must be published within the period as extended by the Minister.\n- (a) the applicant’s name and address; and\n- (b) a map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and\n- (c) the address of the Minister; and\n- (d) a statement that— (i) the applicant has applied for a mineral development licence for the sub-blocks described in the notice; and (ii) invites comment from the public on the application; and (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (i) the applicant has applied for a mineral development licence for the sub-blocks described in the notice; and\n- (ii) invites comment from the public on the application; and\n- (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (i) the applicant has applied for a mineral development licence for the sub-blocks described in the notice; and\n- (ii) invites comment from the public on the application; and\n- (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (a) as soon as possible after the applicant makes the application; and\n- (b) in any case, subject to subsection (4) , within 14 days after the day on which the applicant makes the application.\n- (a) the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\n- (b) the Minister extends the period;","sortOrder":155},{"sectionNumber":"sec.141","sectionType":"section","heading":"Request for further information","content":"### sec.141 Request for further information\n\nThe Minister may ask the applicant for further information about the application.\nThe request must—\nbe in writing; and\nbe given to the applicant; and\nspecify the time within which the information must be provided.\nInformation requested under subsection (1) must be provided—\nin writing; and\nwithin the time specified in the request.\n(sec.141-ssec.1) The Minister may ask the applicant for further information about the application.\n(sec.141-ssec.2) The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided.\n(sec.141-ssec.3) Information requested under subsection (1) must be provided— in writing; and within the time specified in the request.\n- (a) be in writing; and\n- (b) be given to the applicant; and\n- (c) specify the time within which the information must be provided.\n- (a) in writing; and\n- (b) within the time specified in the request.","sortOrder":156},{"sectionNumber":"sec.142","sectionType":"section","heading":"Section number not used","content":"### sec.142 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":157},{"sectionNumber":"sec.143","sectionType":"section","heading":"Minister may provisionally grant tenure","content":"### sec.143 Minister may provisionally grant tenure\n\nIf the applicant does what is required by sections 138 to 141 , the Minister may—\nsubject to section 145 , provisionally grant a mineral development licence to the applicant; or\nrefuse the application.\nUnder section 154 , the grant of the tenure can not be effective before it is registered (see section 333 for registration). The grant will not be registered until it has been properly accepted (see section 151 for proper acceptance ).\n- (a) subject to section 145 , provisionally grant a mineral development licence to the applicant; or\n- (b) refuse the application.","sortOrder":158},{"sectionNumber":"sec.144","sectionType":"section","heading":"Section number not used","content":"### sec.144 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":159},{"sectionNumber":"sec.145","sectionType":"section","heading":"Grounds for granting mineral development licence","content":"### sec.145 Grounds for granting mineral development licence\n\nThe Minister may provisionally grant the mineral development licence only if the Minister is satisfied that—\nthe exploration permit holder has identified and evaluated a significant mineral deposit in the exploration permit area; and\nthere are reasonable grounds for the holder not applying immediately for a mining lease.\nWithout limiting subsection (1) , reasonable grounds for not applying immediately for a mining lease include the following—\nthe need to obtain government approvals (for example, relating to environmental protection) before mining activities can commence;\nthe need to carry out further exploration or evaluation in order to establish the commercial viability of a mineral deposit found in the tenure area;\nthe need to develop technologies before mining activities can commence;\nthe need to arrange finance, or to secure additional capital reserves, before mining activities can commence;\nthe existence of economic considerations (for example, the prevailing condition of the commodity market for the minerals concerned) that effectively preclude mining activities in the immediate future;\nthe existence of political considerations that effectively preclude mining activities in the immediate future.\n(sec.145-ssec.1) The Minister may provisionally grant the mineral development licence only if the Minister is satisfied that— the exploration permit holder has identified and evaluated a significant mineral deposit in the exploration permit area; and there are reasonable grounds for the holder not applying immediately for a mining lease.\n(sec.145-ssec.2) Without limiting subsection (1) , reasonable grounds for not applying immediately for a mining lease include the following— the need to obtain government approvals (for example, relating to environmental protection) before mining activities can commence; the need to carry out further exploration or evaluation in order to establish the commercial viability of a mineral deposit found in the tenure area; the need to develop technologies before mining activities can commence; the need to arrange finance, or to secure additional capital reserves, before mining activities can commence; the existence of economic considerations (for example, the prevailing condition of the commodity market for the minerals concerned) that effectively preclude mining activities in the immediate future; the existence of political considerations that effectively preclude mining activities in the immediate future.\n- (a) the exploration permit holder has identified and evaluated a significant mineral deposit in the exploration permit area; and\n- (b) there are reasonable grounds for the holder not applying immediately for a mining lease.\n- (a) the need to obtain government approvals (for example, relating to environmental protection) before mining activities can commence;\n- (b) the need to carry out further exploration or evaluation in order to establish the commercial viability of a mineral deposit found in the tenure area;\n- (c) the need to develop technologies before mining activities can commence;\n- (d) the need to arrange finance, or to secure additional capital reserves, before mining activities can commence;\n- (e) the existence of economic considerations (for example, the prevailing condition of the commodity market for the minerals concerned) that effectively preclude mining activities in the immediate future;\n- (f) the existence of political considerations that effectively preclude mining activities in the immediate future.","sortOrder":160},{"sectionNumber":"sec.146","sectionType":"section","heading":"Matters to be specified in the tenure","content":"### sec.146 Matters to be specified in the tenure\n\nThe tenure must specify—\nthe sub-blocks covered by the tenure; and\nthe term of the tenure; and\nthe tenure conditions.\nThe term specified under subsection (1) (b) must not be more than 5 years.\nThe tenure may specify the activities that may be carried out under the tenure.\nIf the tenure includes a specification under subsection (3) , the tenure authorises only the specified activities.\n(sec.146-ssec.1) The tenure must specify— the sub-blocks covered by the tenure; and the term of the tenure; and the tenure conditions.\n(sec.146-ssec.2) The term specified under subsection (1) (b) must not be more than 5 years.\n(sec.146-ssec.3) The tenure may specify the activities that may be carried out under the tenure.\n(sec.146-ssec.4) If the tenure includes a specification under subsection (3) , the tenure authorises only the specified activities.\n- (a) the sub-blocks covered by the tenure; and\n- (b) the term of the tenure; and\n- (c) the tenure conditions.","sortOrder":161},{"sectionNumber":"sec.147","sectionType":"section","heading":"Applicant must be notified","content":"### sec.147 Applicant must be notified\n\nThe Minister must give the applicant notice of a decision under section 143 .\nIf the Minister provisionally grants a mineral development licence—\nthe Minister must give the tenure to the provisional holder; and\nthe notice under subsection (1) must contain notification—\nof any decision under section 399 that the provisional holder must lodge a security; and\nthat the provisional grant will lapse unless the provisional holder, before the end of the primary payment period—\ngives the Minister a written acceptance of the grant; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 .\n(sec.147-ssec.1) The Minister must give the applicant notice of a decision under section 143 .\n(sec.147-ssec.2) If the Minister provisionally grants a mineral development licence— the Minister must give the tenure to the provisional holder; and the notice under subsection (1) must contain notification— of any decision under section 399 that the provisional holder must lodge a security; and that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 .\n- (a) the Minister must give the tenure to the provisional holder; and\n- (b) the notice under subsection (1) must contain notification— (i) of any decision under section 399 that the provisional holder must lodge a security; and (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (i) of any decision under section 399 that the provisional holder must lodge a security; and\n- (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .\n- (i) of any decision under section 399 that the provisional holder must lodge a security; and\n- (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .","sortOrder":162},{"sectionNumber":"sec.148","sectionType":"section","heading":"Amendment of conditions","content":"### sec.148 Amendment of conditions\n\nIf the provisional holder is dissatisfied with the tenure conditions, the provisional holder may ask the Minister to amend the conditions.\nThe request must be made within 30 days after the day on which the provisional holder is given the tenure under section 147 .\nIf a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the provisional holder, otherwise amend the conditions.\nThe Minister must give the provisional holder notice of a decision under this section.\n(sec.148-ssec.1) If the provisional holder is dissatisfied with the tenure conditions, the provisional holder may ask the Minister to amend the conditions.\n(sec.148-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given the tenure under section 147 .\n(sec.148-ssec.3) If a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the provisional holder, otherwise amend the conditions.\n(sec.148-ssec.4) The Minister must give the provisional holder notice of a decision under this section.","sortOrder":163},{"sectionNumber":"sec.149","sectionType":"section","heading":"Amendment of security requirements","content":"### sec.149 Amendment of security requirements\n\nIf the provisional holder—\nis notified of a security requirement; and\nis dissatisfied with the amount of the security required;\nthe provisional holder may ask the Minister to make a new decision under section 399 .\nThe request must be made within 30 days after the day on which the provisional holder is given notice under section 147 .\nIf a request is made under subsection (1) , the Minister may make a new decision under section 399 .\nThe Minister must give the provisional holder notice of the new decision.\n(sec.149-ssec.1) If the provisional holder— is notified of a security requirement; and is dissatisfied with the amount of the security required; the provisional holder may ask the Minister to make a new decision under section 399 .\n(sec.149-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 147 .\n(sec.149-ssec.3) If a request is made under subsection (1) , the Minister may make a new decision under section 399 .\n(sec.149-ssec.4) The Minister must give the provisional holder notice of the new decision.\n- (a) is notified of a security requirement; and\n- (b) is dissatisfied with the amount of the security required;","sortOrder":164},{"sectionNumber":"sec.150","sectionType":"section","heading":"Extension of primary payment period","content":"### sec.150 Extension of primary payment period\n\nIf the provisional holder makes a request under section 148 or 149 , the provisional holder may ask the Minister to extend the primary payment period.\nThe request must be made within 30 days after the day on which the provisional holder is given notice under section 147 .\nIf the Minister agrees to the request, the Minister must—\ndecide the period of the extension; and\ngive the provisional holder a notice of the period of the extension.\n(sec.150-ssec.1) If the provisional holder makes a request under section 148 or 149 , the provisional holder may ask the Minister to extend the primary payment period.\n(sec.150-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 147 .\n(sec.150-ssec.3) If the Minister agrees to the request, the Minister must— decide the period of the extension; and give the provisional holder a notice of the period of the extension.\n- (a) decide the period of the extension; and\n- (b) give the provisional holder a notice of the period of the extension.","sortOrder":165},{"sectionNumber":"sec.151","sectionType":"section","heading":"Acceptance of grant of mineral development licence","content":"### sec.151 Acceptance of grant of mineral development licence\n\nThe provisional grant of a mineral development licence is properly accepted by the provisional holder if, before the required time, the provisional holder—\ngives the Minister a written acceptance of the grant; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 .\nThe required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 150 , the end of the secondary payment period.\nUnder section 154 , the grant of the tenure can not be effective before the grant is registered (see section 333 for registration).\n(sec.151-ssec.1) The provisional grant of a mineral development licence is properly accepted by the provisional holder if, before the required time, the provisional holder— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 .\n(sec.151-ssec.2) The required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 150 , the end of the secondary payment period. Under section 154 , the grant of the tenure can not be effective before the grant is registered (see section 333 for registration).\n- (a) gives the Minister a written acceptance of the grant; and\n- (b) lodges any security required under section 399 ; and\n- (c) pays the fee that must be paid for the tenure under section 425 .","sortOrder":166},{"sectionNumber":"sec.152","sectionType":"section","heading":"Conditions applicable to tenure on grant","content":"### sec.152 Conditions applicable to tenure on grant\n\nIf the provisional grant of the tenure is properly accepted under section 151 , it is subject to—\nthe conditions specified in the tenure given to the applicant under section 147 ; or\nif the Minister amended those conditions under section 148 —those conditions as amended.\n- (a) the conditions specified in the tenure given to the applicant under section 147 ; or\n- (b) if the Minister amended those conditions under section 148 —those conditions as amended.","sortOrder":167},{"sectionNumber":"sec.153","sectionType":"section","heading":"Lapse of provisional grant of mineral development licence","content":"### sec.153 Lapse of provisional grant of mineral development licence\n\nIf the provisional grant of the tenure is not properly accepted under section 151 , the provisional grant lapses.","sortOrder":168},{"sectionNumber":"ch.2-pt.2.3-div.3","sectionType":"division","heading":"Duration of mineral development licence","content":"## Duration of mineral development licence","sortOrder":169},{"sectionNumber":"sec.154","sectionType":"section","heading":"Initial term of mineral development licence","content":"### sec.154 Initial term of mineral development licence\n\nA mineral development licence comes into force on—\nthe day on which the grant of the tenure is registered; or\nif a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\nThe initial term of a mineral development licence expires at the end of the period specified in the tenure under section 146 (1) .\nFor the maximum initial term see section 146 (2) .\nThe tenure may be surrendered at any time (see section 187 ).\nThe period runs from—\nthe day on which the tenure is provisionally granted; or\nif a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—that specified day.\n(sec.154-ssec.1) A mineral development licence comes into force on— the day on which the grant of the tenure is registered; or if a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\n(sec.154-ssec.2) The initial term of a mineral development licence expires at the end of the period specified in the tenure under section 146 (1) . For the maximum initial term see section 146 (2) . The tenure may be surrendered at any time (see section 187 ).\n(sec.154-ssec.3) The period runs from— the day on which the tenure is provisionally granted; or if a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—that specified day.\n- (a) the day on which the grant of the tenure is registered; or\n- (b) if a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\n- (a) the day on which the tenure is provisionally granted; or\n- (b) if a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—that specified day.","sortOrder":170},{"sectionNumber":"sec.155","sectionType":"section","heading":"Term of renewal of tenure","content":"### sec.155 Term of renewal of tenure\n\nA renewal of a mineral development licence comes into force on the later of the following days—\nthe day on which the renewal is registered; or\nthe day on which the previous term of the tenure expires.\nSee division 5 for renewal.\nThe term of a renewal of a tenure expires at the end of the period specified in the notice under section 169 .\nFor the maximum term of renewal see section 169 (3) .\nThe tenure may be surrendered at any time (see section 187 ).\nThe period runs from the expiry of the previous term of the tenure.\nIn working out the period referred to in subsection (3) , section 156 must be disregarded.\n(sec.155-ssec.1) A renewal of a mineral development licence comes into force on the later of the following days— the day on which the renewal is registered; or the day on which the previous term of the tenure expires. See division 5 for renewal.\n(sec.155-ssec.2) The term of a renewal of a tenure expires at the end of the period specified in the notice under section 169 . For the maximum term of renewal see section 169 (3) . The tenure may be surrendered at any time (see section 187 ).\n(sec.155-ssec.3) The period runs from the expiry of the previous term of the tenure.\n(sec.155-ssec.4) In working out the period referred to in subsection (3) , section 156 must be disregarded.\n- (a) the day on which the renewal is registered; or\n- (b) the day on which the previous term of the tenure expires.","sortOrder":171},{"sectionNumber":"sec.156","sectionType":"section","heading":"Effect of application for renewal on term of mineral development licence","content":"### sec.156 Effect of application for renewal on term of mineral development licence\n\nIf—\na mineral development licence holder applies to renew the tenure under section 159 ; and\nthe current term of the tenure expires; and\na renewal of the tenure does not take effect immediately after the current term expires;\nthe tenure remains in force after the current term expires until—\na renewal of the tenure takes effect; or\na provisional renewal of the tenure lapses; or\nthe application for renewal is withdrawn or refused.\n- (a) a mineral development licence holder applies to renew the tenure under section 159 ; and\n- (b) the current term of the tenure expires; and\n- (c) a renewal of the tenure does not take effect immediately after the current term expires;\n- (d) a renewal of the tenure takes effect; or\n- (e) a provisional renewal of the tenure lapses; or\n- (f) the application for renewal is withdrawn or refused.","sortOrder":172},{"sectionNumber":"sec.157","sectionType":"section","heading":"Effect of application for mining lease on term of mineral development licence","content":"### sec.157 Effect of application for mining lease on term of mineral development licence\n\nIf—\na mineral development licence holder applies for a mining lease over the tenure area, or part of the tenure area, of the mineral development licence; and\nthe current term of the mineral development licence expires; and\na grant of the mining lease does not take effect before the current term of the mineral development licence expires;\nthe mineral development licence remains in force until—\nthe grant of the mining lease takes effect; or\na provisional grant of the mining lease lapses; or\nthe application for the mining lease is withdrawn or refused.\n- (a) a mineral development licence holder applies for a mining lease over the tenure area, or part of the tenure area, of the mineral development licence; and\n- (b) the current term of the mineral development licence expires; and\n- (c) a grant of the mining lease does not take effect before the current term of the mineral development licence expires;\n- (d) the grant of the mining lease takes effect; or\n- (e) a provisional grant of the mining lease lapses; or\n- (f) the application for the mining lease is withdrawn or refused.","sortOrder":173},{"sectionNumber":"ch.2-pt.2.3-div.4","sectionType":"division","heading":"Voluntary surrender of part of mineral development licence area","content":"## Voluntary surrender of part of mineral development licence area","sortOrder":174},{"sectionNumber":"sec.158","sectionType":"section","heading":"Voluntary surrender of sub-blocks if discrete area remains","content":"### sec.158 Voluntary surrender of sub-blocks if discrete area remains\n\nA mineral development licence holder may surrender a sub-block or some of the sub-blocks covered by the tenure if the remaining sub-blocks in the tenure area form a discrete area.\nSee section 187 for the surrender of the whole tenure.\nA surrender under subsection (1) must—\nbe made in writing; and\nidentify the sub-blocks surrendered; and\nbe given to the Minister.\nThe surrender takes effect when it is registered under section 337 (see section 337 (5) ).\n(sec.158-ssec.1) A mineral development licence holder may surrender a sub-block or some of the sub-blocks covered by the tenure if the remaining sub-blocks in the tenure area form a discrete area. See section 187 for the surrender of the whole tenure.\n(sec.158-ssec.2) A surrender under subsection (1) must— be made in writing; and identify the sub-blocks surrendered; and be given to the Minister. The surrender takes effect when it is registered under section 337 (see section 337 (5) ).\n- (a) be made in writing; and\n- (b) identify the sub-blocks surrendered; and\n- (c) be given to the Minister.","sortOrder":175},{"sectionNumber":"ch.2-pt.2.3-div.5","sectionType":"division","heading":"Application for and grant of renewal of mineral development licence","content":"## Application for and grant of renewal of mineral development licence","sortOrder":176},{"sectionNumber":"sec.159","sectionType":"section","heading":"Application for renewal of mineral development licence","content":"### sec.159 Application for renewal of mineral development licence\n\nA mineral development licence holder may apply to the Minister to renew the tenure.\nAt each renewal, the tenure conditions are reviewed (see section 177 ).","sortOrder":177},{"sectionNumber":"sec.160","sectionType":"section","heading":"When application to be made","content":"### sec.160 When application to be made\n\nSubject to subsection (2) , the application must be made at least 6 months before the day on which the tenure is to expire.\nThe Minister may accept an application that is made later than 6 months before the day on which the tenure is to expire if—\nthe application is made before the day on which the tenure expires; and\nthe Minister believes that there are reasonable grounds for accepting the application.\n(sec.160-ssec.1) Subject to subsection (2) , the application must be made at least 6 months before the day on which the tenure is to expire.\n(sec.160-ssec.2) The Minister may accept an application that is made later than 6 months before the day on which the tenure is to expire if— the application is made before the day on which the tenure expires; and the Minister believes that there are reasonable grounds for accepting the application.\n- (a) the application is made before the day on which the tenure expires; and\n- (b) the Minister believes that there are reasonable grounds for accepting the application.","sortOrder":178},{"sectionNumber":"sec.161","sectionType":"section","heading":"How to apply for renewal","content":"### sec.161 How to apply for renewal\n\nThe application must—\nbe made in accordance with the approved form; and\nbe made in the approved way; and\ninclude details of—\nthe reasons that the applicant is applying to renew the mineral development licence rather than applying for a mining lease; and\nthe activities carried out by the applicant under the tenure during its current term; and\nthe amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\nthe results obtained by the applicant from carrying out the activities referred to in subparagraph (ii) ; and\nthe activities that the applicant intends to carry out under the tenure during the term applied for; and\nthe amount of money that the applicant intends to spend in relation to activities authorised by the tenure during the term applied for.\nFor paragraphs (a) and (b) see section 41 .\nThe applicant may include in the application any other information that the applicant considers relevant.\n(sec.161-ssec.1) The application must— be made in accordance with the approved form; and be made in the approved way; and include details of— the reasons that the applicant is applying to renew the mineral development licence rather than applying for a mining lease; and the activities carried out by the applicant under the tenure during its current term; and the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and the results obtained by the applicant from carrying out the activities referred to in subparagraph (ii) ; and the activities that the applicant intends to carry out under the tenure during the term applied for; and the amount of money that the applicant intends to spend in relation to activities authorised by the tenure during the term applied for. For paragraphs (a) and (b) see section 41 .\n(sec.161-ssec.2) The applicant may include in the application any other information that the applicant considers relevant.\n- (a) be made in accordance with the approved form; and\n- (b) be made in the approved way; and\n- (c) include details of— (i) the reasons that the applicant is applying to renew the mineral development licence rather than applying for a mining lease; and (ii) the activities carried out by the applicant under the tenure during its current term; and (iii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and (iv) the results obtained by the applicant from carrying out the activities referred to in subparagraph (ii) ; and (v) the activities that the applicant intends to carry out under the tenure during the term applied for; and (vi) the amount of money that the applicant intends to spend in relation to activities authorised by the tenure during the term applied for.\n- (i) the reasons that the applicant is applying to renew the mineral development licence rather than applying for a mining lease; and\n- (ii) the activities carried out by the applicant under the tenure during its current term; and\n- (iii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\n- (iv) the results obtained by the applicant from carrying out the activities referred to in subparagraph (ii) ; and\n- (v) the activities that the applicant intends to carry out under the tenure during the term applied for; and\n- (vi) the amount of money that the applicant intends to spend in relation to activities authorised by the tenure during the term applied for.\n- (i) the reasons that the applicant is applying to renew the mineral development licence rather than applying for a mining lease; and\n- (ii) the activities carried out by the applicant under the tenure during its current term; and\n- (iii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\n- (iv) the results obtained by the applicant from carrying out the activities referred to in subparagraph (ii) ; and\n- (v) the activities that the applicant intends to carry out under the tenure during the term applied for; and\n- (vi) the amount of money that the applicant intends to spend in relation to activities authorised by the tenure during the term applied for.","sortOrder":179},{"sectionNumber":"sec.162","sectionType":"section","heading":"Request for further information","content":"### sec.162 Request for further information\n\nThe Minister may ask the applicant to provide further information about the application.\nThe request must—\nbe in writing; and\nbe given to the applicant; and\nspecify the time within which the information must be provided.\nInformation requested under subsection (1) must be provided—\nin writing; and\nwithin the time specified in the request.\n(sec.162-ssec.1) The Minister may ask the applicant to provide further information about the application.\n(sec.162-ssec.2) The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided.\n(sec.162-ssec.3) Information requested under subsection (1) must be provided— in writing; and within the time specified in the request.\n- (a) be in writing; and\n- (b) be given to the applicant; and\n- (c) specify the time within which the information must be provided.\n- (a) in writing; and\n- (b) within the time specified in the request.","sortOrder":180},{"sectionNumber":"sec.163","sectionType":"section","heading":"Payment of fee","content":"### sec.163 Payment of fee\n\nThe applicant must pay the application fee prescribed under a regulation.\nThe fee must be paid when the application is made.\nThe Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.\n(sec.163-ssec.1) The applicant must pay the application fee prescribed under a regulation.\n(sec.163-ssec.2) The fee must be paid when the application is made.\n(sec.163-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.","sortOrder":181},{"sectionNumber":"sec.164","sectionType":"section","heading":"Section number not used","content":"### sec.164 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":182},{"sectionNumber":"sec.165","sectionType":"section","heading":"Provisional renewal of mineral development licence","content":"### sec.165 Provisional renewal of mineral development licence\n\nThe Minister may—\nprovisionally renew the tenure; or\nsubject to section 168 , refuse to renew the tenure.\nUnder section 155 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration). The renewal will not be registered until it has been properly accepted (see section 173 for proper acceptance ).\nUnder section 177 , new conditions may be imposed on renewal.\n- (a) provisionally renew the tenure; or\n- (b) subject to section 168 , refuse to renew the tenure.","sortOrder":183},{"sectionNumber":"sec.166","sectionType":"section","heading":"Section number not used","content":"### sec.166 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":184},{"sectionNumber":"sec.167","sectionType":"section","heading":"Matters that may be taken into account","content":"### sec.167 Matters that may be taken into account\n\nIn deciding whether to renew the tenure, the Minister may have regard to—\nwhether mining activities are commercially viable in the mineral development licence area; and\nwhether the applicant has complied with—\nthis Act; and\nthe regulations; and\nany tenure conditions.\n- (a) whether mining activities are commercially viable in the mineral development licence area; and\n- (b) whether the applicant has complied with— (i) this Act; and (ii) the regulations; and (iii) any tenure conditions.\n- (i) this Act; and\n- (ii) the regulations; and\n- (iii) any tenure conditions.\n- (i) this Act; and\n- (ii) the regulations; and\n- (iii) any tenure conditions.","sortOrder":185},{"sectionNumber":"sec.168","sectionType":"section","heading":"Refusal of application for renewal","content":"### sec.168 Refusal of application for renewal\n\nIf the Minister proposes to refuse to renew the tenure, the Minister must give the applicant notice of the proposed refusal.\nThe mineral development licence remains in force until the application for renewal has been finally decided (i.e. until the Minister decides whether or not to renew the tenure) (see section 156 ).\nThe notice must—\ngive details of the Minister’s reasons for the proposal not to renew the tenure; and\ninvite the applicant to make written submissions on the proposed non-renewal to the Minister; and\nspecify the day by which submissions may be made to the Minister.\nThe day specified under subsection (2) (c) must be at least 30 days after the day on which the notice under subsection (1) is given to the applicant.\nThe Minister, in deciding whether to refuse to renew the tenure, must have regard to any submissions made by the applicant in response to the notice under subsection (1) .\n(sec.168-ssec.1) If the Minister proposes to refuse to renew the tenure, the Minister must give the applicant notice of the proposed refusal. The mineral development licence remains in force until the application for renewal has been finally decided (i.e. until the Minister decides whether or not to renew the tenure) (see section 156 ).\n(sec.168-ssec.2) The notice must— give details of the Minister’s reasons for the proposal not to renew the tenure; and invite the applicant to make written submissions on the proposed non-renewal to the Minister; and specify the day by which submissions may be made to the Minister.\n(sec.168-ssec.3) The day specified under subsection (2) (c) must be at least 30 days after the day on which the notice under subsection (1) is given to the applicant.\n(sec.168-ssec.4) The Minister, in deciding whether to refuse to renew the tenure, must have regard to any submissions made by the applicant in response to the notice under subsection (1) .\n- (a) give details of the Minister’s reasons for the proposal not to renew the tenure; and\n- (b) invite the applicant to make written submissions on the proposed non-renewal to the Minister; and\n- (c) specify the day by which submissions may be made to the Minister.","sortOrder":186},{"sectionNumber":"sec.169","sectionType":"section","heading":"Applicant must be notified","content":"### sec.169 Applicant must be notified\n\nThe Minister must give the applicant notice of the Minister’s decision under section 165 .\nIf the Minister provisionally renews the tenure under section 165 , the notice must contain notification—\nof the term of the renewal; and\nof the conditions of the renewed tenure; and\nof any decision under section 399 that the applicant must lodge a security or a further security; and\nthat the provisional renewal will lapse unless the applicant, before the end of the primary payment period—\ngives the Minister a written acceptance of the renewal; and\nlodges any security required under section 399 ; and\npays the fee that must be paid under section 425 .\nParagraph (b) — section 177 provides for renewals to be granted subject to conditions.\nThe term specified under subsection (2) (a) must not be more than 5 years.\n(sec.169-ssec.1) The Minister must give the applicant notice of the Minister’s decision under section 165 .\n(sec.169-ssec.2) If the Minister provisionally renews the tenure under section 165 , the notice must contain notification— of the term of the renewal; and of the conditions of the renewed tenure; and of any decision under section 399 that the applicant must lodge a security or a further security; and that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— gives the Minister a written acceptance of the renewal; and lodges any security required under section 399 ; and pays the fee that must be paid under section 425 . Paragraph (b) — section 177 provides for renewals to be granted subject to conditions.\n(sec.169-ssec.3) The term specified under subsection (2) (a) must not be more than 5 years.\n- (a) of the term of the renewal; and\n- (b) of the conditions of the renewed tenure; and\n- (c) of any decision under section 399 that the applicant must lodge a security or a further security; and\n- (d) that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— (i) gives the Minister a written acceptance of the renewal; and (ii) lodges any security required under section 399 ; and (iii) pays the fee that must be paid under section 425 .\n- (i) gives the Minister a written acceptance of the renewal; and\n- (ii) lodges any security required under section 399 ; and\n- (iii) pays the fee that must be paid under section 425 .\n- (i) gives the Minister a written acceptance of the renewal; and\n- (ii) lodges any security required under section 399 ; and\n- (iii) pays the fee that must be paid under section 425 .","sortOrder":187},{"sectionNumber":"sec.170","sectionType":"section","heading":"Amendment of conditions","content":"### sec.170 Amendment of conditions\n\nIf the tenure holder—\nhas been provisionally granted a renewal of the tenure under section 165 ; and\nis notified of the tenure conditions; and\nis dissatisfied with the conditions;\nthe holder may ask the Minister to amend the conditions.\nThe request must be made within 30 days after the day on which the applicant is given notice under section 169 .\nIf a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the holder, otherwise amend the conditions.\nThe Minister must give the holder notice of a decision under this section.\n(sec.170-ssec.1) If the tenure holder— has been provisionally granted a renewal of the tenure under section 165 ; and is notified of the tenure conditions; and is dissatisfied with the conditions; the holder may ask the Minister to amend the conditions.\n(sec.170-ssec.2) The request must be made within 30 days after the day on which the applicant is given notice under section 169 .\n(sec.170-ssec.3) If a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the holder, otherwise amend the conditions.\n(sec.170-ssec.4) The Minister must give the holder notice of a decision under this section.\n- (a) has been provisionally granted a renewal of the tenure under section 165 ; and\n- (b) is notified of the tenure conditions; and\n- (c) is dissatisfied with the conditions;","sortOrder":188},{"sectionNumber":"sec.171","sectionType":"section","heading":"Amendment of security requirements","content":"### sec.171 Amendment of security requirements\n\nIf the tenure holder—\nhas been provisionally granted a renewal of the tenure under section 165 ; and\nis notified of a security requirement; and\nis dissatisfied with the amount of the security required;\nthe holder may ask the Minister to make a new decision under section 399 .\nThe request must be made within 30 days after the day on which the holder is given notice under section 169 .\nIf a request is made under subsection (1) , the Minister may make a new decision under section 399 .\nThe Minister must give the holder notice of the new decision.\n(sec.171-ssec.1) If the tenure holder— has been provisionally granted a renewal of the tenure under section 165 ; and is notified of a security requirement; and is dissatisfied with the amount of the security required; the holder may ask the Minister to make a new decision under section 399 .\n(sec.171-ssec.2) The request must be made within 30 days after the day on which the holder is given notice under section 169 .\n(sec.171-ssec.3) If a request is made under subsection (1) , the Minister may make a new decision under section 399 .\n(sec.171-ssec.4) The Minister must give the holder notice of the new decision.\n- (a) has been provisionally granted a renewal of the tenure under section 165 ; and\n- (b) is notified of a security requirement; and\n- (c) is dissatisfied with the amount of the security required;","sortOrder":189},{"sectionNumber":"sec.172","sectionType":"section","heading":"Extension of primary payment period","content":"### sec.172 Extension of primary payment period\n\nIf the tenure holder makes a request under section 170 or 171 , the holder may ask the Minister to extend the primary payment period.\nThe request must be made within 30 days after the day on which the holder is given notice under section 169 .\nIf the Minister agrees to the request to extend the primary payment period, the Minister must—\ndecide the period of the extension; and\ngive the holder a notice informing the holder of the period of the extension.\n(sec.172-ssec.1) If the tenure holder makes a request under section 170 or 171 , the holder may ask the Minister to extend the primary payment period.\n(sec.172-ssec.2) The request must be made within 30 days after the day on which the holder is given notice under section 169 .\n(sec.172-ssec.3) If the Minister agrees to the request to extend the primary payment period, the Minister must— decide the period of the extension; and give the holder a notice informing the holder of the period of the extension.\n- (a) decide the period of the extension; and\n- (b) give the holder a notice informing the holder of the period of the extension.","sortOrder":190},{"sectionNumber":"sec.173","sectionType":"section","heading":"Acceptance of renewal of mineral development licence","content":"### sec.173 Acceptance of renewal of mineral development licence\n\nThe provisional renewal of a mineral development licence is properly accepted by the tenure holder if, before the required time, the holder—\ngives the Minister a written acceptance of the renewal; and\nlodges any security required under section 399 ; and\npays the fee that must be paid under section 425 .\nThe required time under subsection (1) is the end of the primary payment period or, if the tenure holder has been granted an extension of the primary payment period under section 172 , the end of the secondary payment period.\nUnder section 155 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration).\n(sec.173-ssec.1) The provisional renewal of a mineral development licence is properly accepted by the tenure holder if, before the required time, the holder— gives the Minister a written acceptance of the renewal; and lodges any security required under section 399 ; and pays the fee that must be paid under section 425 .\n(sec.173-ssec.2) The required time under subsection (1) is the end of the primary payment period or, if the tenure holder has been granted an extension of the primary payment period under section 172 , the end of the secondary payment period. Under section 155 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration).\n- (a) gives the Minister a written acceptance of the renewal; and\n- (b) lodges any security required under section 399 ; and\n- (c) pays the fee that must be paid under section 425 .","sortOrder":191},{"sectionNumber":"sec.174","sectionType":"section","heading":"Conditions applicable to tenure on renewal","content":"### sec.174 Conditions applicable to tenure on renewal\n\nIf the provisional renewal is properly accepted under section 173 , the renewed tenure is subject to—\nthe conditions specified in the notice given to the tenure holder under section 169 ; or\nif the Minister amended those conditions under section 170 —those conditions as amended.\n- (a) the conditions specified in the notice given to the tenure holder under section 169 ; or\n- (b) if the Minister amended those conditions under section 170 —those conditions as amended.","sortOrder":192},{"sectionNumber":"sec.175","sectionType":"section","heading":"Lapse of provisional renewal of mineral development licence","content":"### sec.175 Lapse of provisional renewal of mineral development licence\n\nIf the provisional renewal of a mineral development licence is not properly accepted under section 173 , the provisional renewal lapses.","sortOrder":193},{"sectionNumber":"ch.2-pt.2.3-div.6","sectionType":"division","heading":"Obligations associated with mineral development licence","content":"## Obligations associated with mineral development licence","sortOrder":194},{"sectionNumber":"sec.176","sectionType":"section","heading":"General","content":"### sec.176 General\n\nThe sources of obligations associated with a mineral development licence are—\nthe tenure conditions; and\nobligations arising from directions under section 387 or 392 given by the Minister; and\nobligations imposed by this Act and the regulations.\nFor paragraph (a) see sections 177 to 179 . For paragraph (c) see sections 44 , 177 to 185 , 372 and 391 (1) .\nIf a mineral development licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the tenure.\n(sec.176-ssec.1) The sources of obligations associated with a mineral development licence are— the tenure conditions; and obligations arising from directions under section 387 or 392 given by the Minister; and obligations imposed by this Act and the regulations. For paragraph (a) see sections 177 to 179 . For paragraph (c) see sections 44 , 177 to 185 , 372 and 391 (1) .\n(sec.176-ssec.2) If a mineral development licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the tenure.\n- (a) the tenure conditions; and\n- (b) obligations arising from directions under section 387 or 392 given by the Minister; and\n- (c) obligations imposed by this Act and the regulations.","sortOrder":195},{"sectionNumber":"sec.177","sectionType":"section","heading":"Conditions of mineral development licence","content":"### sec.177 Conditions of mineral development licence\n\nThe Minister may grant or renew a mineral development licence subject to whatever conditions the Minister considers appropriate.\nIf the Minister grants or renews a mineral development licence subject to conditions, the conditions must be specified in the tenure.\nWithout limiting subsection (1) , the Minister may attach conditions to the grant or renewal of a mineral development licence requiring the tenure holder to do the following types of things—\ntake out insurance as required by the Minister;\ncarry out certain activities in or in relation to the tenure area during the term of the tenure;\nspend a specified amount of money in carrying out the activities referred to in paragraph (b) ;\nlodge a security with the Minister;\nkeep specified information;\ngive the Minister, on request, specified information;\ntake steps to protect the environment of the tenure area, including conditions about—\nprotecting wildlife; or\nminimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\nrepair any damage to the environment caused by activities in the tenure area;\npay a specified penalty to the State if the holder does not comply with a tenure condition.\nA condition under subsection (3) (d) must specify—\nthe amount of the security required; and\nthe kind of security required; and\nthe way and the form in which the security is to be lodged.\nWithout limiting subsection (3) (d) , a condition under that provision may require the lodgment of a security in the form of a guarantee and, if a guarantee is required, the condition may specify—\nthe kind of person who is to give the guarantee; and\nthe terms of the guarantee.\n(sec.177-ssec.1) The Minister may grant or renew a mineral development licence subject to whatever conditions the Minister considers appropriate.\n(sec.177-ssec.2) If the Minister grants or renews a mineral development licence subject to conditions, the conditions must be specified in the tenure.\n(sec.177-ssec.3) Without limiting subsection (1) , the Minister may attach conditions to the grant or renewal of a mineral development licence requiring the tenure holder to do the following types of things— take out insurance as required by the Minister; carry out certain activities in or in relation to the tenure area during the term of the tenure; spend a specified amount of money in carrying out the activities referred to in paragraph (b) ; lodge a security with the Minister; keep specified information; give the Minister, on request, specified information; take steps to protect the environment of the tenure area, including conditions about— protecting wildlife; or minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area; repair any damage to the environment caused by activities in the tenure area; pay a specified penalty to the State if the holder does not comply with a tenure condition.\n(sec.177-ssec.4) A condition under subsection (3) (d) must specify— the amount of the security required; and the kind of security required; and the way and the form in which the security is to be lodged.\n(sec.177-ssec.5) Without limiting subsection (3) (d) , a condition under that provision may require the lodgment of a security in the form of a guarantee and, if a guarantee is required, the condition may specify— the kind of person who is to give the guarantee; and the terms of the guarantee.\n- (a) take out insurance as required by the Minister;\n- (b) carry out certain activities in or in relation to the tenure area during the term of the tenure;\n- (c) spend a specified amount of money in carrying out the activities referred to in paragraph (b) ;\n- (d) lodge a security with the Minister;\n- (e) keep specified information;\n- (f) give the Minister, on request, specified information;\n- (g) take steps to protect the environment of the tenure area, including conditions about— (i) protecting wildlife; or (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\n- (i) protecting wildlife; or\n- (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\n- (h) repair any damage to the environment caused by activities in the tenure area;\n- (i) pay a specified penalty to the State if the holder does not comply with a tenure condition.\n- (i) protecting wildlife; or\n- (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\n- (a) the amount of the security required; and\n- (b) the kind of security required; and\n- (c) the way and the form in which the security is to be lodged.\n- (a) the kind of person who is to give the guarantee; and\n- (b) the terms of the guarantee.","sortOrder":196},{"sectionNumber":"sec.178","sectionType":"section","heading":"No conditions requiring payment of money","content":"### sec.178 No conditions requiring payment of money\n\nExcept for a condition requiring the payment of a penalty or lodgment of a security, a tenure condition must not require the payment of money to the State.","sortOrder":197},{"sectionNumber":"sec.179","sectionType":"section","heading":"Variation of conditions","content":"### sec.179 Variation of conditions\n\nIf—\na mineral development licence holder requests the Minister in writing to amend the tenure conditions; or\npart of the tenure area of a mineral development licence is surrendered under section 158 ;\nthe Minister may vary the tenure conditions.\nIf a Minister gives—\na direction under section 387 ; or\nan approval, consent or exemption under a regulation;\nto a mineral development licence holder, the Minister may vary the tenure condition to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\nThe Minister may vary the tenure conditions subject to whatever conditions the Minister considers appropriate.\nIf the Minister varies the tenure conditions, the Minister must give the tenure holder a notice that—\ninforms the holder of the variation; and\nspecifies the conditions that have been varied; and\nspecifies any conditions to which the variation is subject.\n(sec.179-ssec.1) If— a mineral development licence holder requests the Minister in writing to amend the tenure conditions; or part of the tenure area of a mineral development licence is surrendered under section 158 ; the Minister may vary the tenure conditions.\n(sec.179-ssec.2) If a Minister gives— a direction under section 387 ; or an approval, consent or exemption under a regulation; to a mineral development licence holder, the Minister may vary the tenure condition to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\n(sec.179-ssec.3) The Minister may vary the tenure conditions subject to whatever conditions the Minister considers appropriate.\n(sec.179-ssec.4) If the Minister varies the tenure conditions, the Minister must give the tenure holder a notice that— informs the holder of the variation; and specifies the conditions that have been varied; and specifies any conditions to which the variation is subject.\n- (a) a mineral development licence holder requests the Minister in writing to amend the tenure conditions; or\n- (b) part of the tenure area of a mineral development licence is surrendered under section 158 ;\n- (a) a direction under section 387 ; or\n- (b) an approval, consent or exemption under a regulation;\n- (a) informs the holder of the variation; and\n- (b) specifies the conditions that have been varied; and\n- (c) specifies any conditions to which the variation is subject.","sortOrder":198},{"sectionNumber":"sec.180","sectionType":"section","heading":"Exemption from or suspension of conditions","content":"### sec.180 Exemption from or suspension of conditions\n\nIf—\na mineral development licence holder requests the Minister in writing to—\nsuspend a tenure condition; or\nexempt the holder from complying with a tenure condition; or\npart of the tenure area of a mineral development licence is surrendered under section 158 ;\nthe Minister may—\nsuspend a tenure condition; or\nexempt the holder from complying with a tenure condition.\nIf the Minister gives—\na direction under section 387 ; or\nan approval, consent or exemption under a regulation;\nto a mineral development licence holder, the Minister may suspend a tenure condition, or exempt the holder from compliance with a tenure condition, to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\nThe Minister may—\nsuspend a tenure condition; or\nexempt the tenure holder from compliance with a tenure condition;\nsubject to whatever conditions the Minister considers appropriate.\nIf the Minister—\nsuspends a tenure condition; or\nexempts the tenure holder from complying with a tenure condition;\nthe Minister must give the holder a notice that—\ninforms the holder of the exemption or suspension; and\nspecifies the conditions that have been suspended or affected by the exemption; and\nspecifies any conditions to which the suspension or exemption is subject.\nA suspension or exemption of a condition does not take effect until registered (see section 337 ).\n(sec.180-ssec.1) If— a mineral development licence holder requests the Minister in writing to— suspend a tenure condition; or exempt the holder from complying with a tenure condition; or part of the tenure area of a mineral development licence is surrendered under section 158 ; the Minister may— suspend a tenure condition; or exempt the holder from complying with a tenure condition.\n(sec.180-ssec.2) If the Minister gives— a direction under section 387 ; or an approval, consent or exemption under a regulation; to a mineral development licence holder, the Minister may suspend a tenure condition, or exempt the holder from compliance with a tenure condition, to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\n(sec.180-ssec.3) The Minister may— suspend a tenure condition; or exempt the tenure holder from compliance with a tenure condition; subject to whatever conditions the Minister considers appropriate.\n(sec.180-ssec.4) If the Minister— suspends a tenure condition; or exempts the tenure holder from complying with a tenure condition; the Minister must give the holder a notice that— informs the holder of the exemption or suspension; and specifies the conditions that have been suspended or affected by the exemption; and specifies any conditions to which the suspension or exemption is subject. A suspension or exemption of a condition does not take effect until registered (see section 337 ).\n- (a) a mineral development licence holder requests the Minister in writing to— (i) suspend a tenure condition; or (ii) exempt the holder from complying with a tenure condition; or\n- (i) suspend a tenure condition; or\n- (ii) exempt the holder from complying with a tenure condition; or\n- (b) part of the tenure area of a mineral development licence is surrendered under section 158 ;\n- (i) suspend a tenure condition; or\n- (ii) exempt the holder from complying with a tenure condition; or\n- (c) suspend a tenure condition; or\n- (d) exempt the holder from complying with a tenure condition.\n- (a) a direction under section 387 ; or\n- (b) an approval, consent or exemption under a regulation;\n- (a) suspend a tenure condition; or\n- (b) exempt the tenure holder from compliance with a tenure condition;\n- (a) suspends a tenure condition; or\n- (b) exempts the tenure holder from complying with a tenure condition;\n- (c) informs the holder of the exemption or suspension; and\n- (d) specifies the conditions that have been suspended or affected by the exemption; and\n- (e) specifies any conditions to which the suspension or exemption is subject.","sortOrder":199},{"sectionNumber":"sec.181","sectionType":"section","heading":"Automatic suspension of conditions if tenure rights are suspended","content":"### sec.181 Automatic suspension of conditions if tenure rights are suspended\n\nIf—\nthe Minister suspends particular rights conferred by a mineral development licence under section 135 ; and\na tenure condition is affected by the suspension;\nthe tenure condition is suspended for the period of the suspension of the rights.\n- (a) the Minister suspends particular rights conferred by a mineral development licence under section 135 ; and\n- (b) a tenure condition is affected by the suspension;","sortOrder":200},{"sectionNumber":"sec.182","sectionType":"section","heading":"Significant changes in circumstances to be reported to Minister","content":"### sec.182 Significant changes in circumstances to be reported to Minister\n\nA mineral development licence holder must notify the Minister of any change of circumstances that significantly affects the long term viability of mining activities in the mineral development licence area.\nThe Minister may cancel the mineral development licence if the Minister believes that circumstances have changed so that mining activities can now commence (see section 190 ).\nSubsection (1) applies to a change of circumstances whether favourable or unfavourable to the long term viability of mining activities in the mineral development licence area.\n(sec.182-ssec.1) A mineral development licence holder must notify the Minister of any change of circumstances that significantly affects the long term viability of mining activities in the mineral development licence area. The Minister may cancel the mineral development licence if the Minister believes that circumstances have changed so that mining activities can now commence (see section 190 ).\n(sec.182-ssec.2) Subsection (1) applies to a change of circumstances whether favourable or unfavourable to the long term viability of mining activities in the mineral development licence area.","sortOrder":201},{"sectionNumber":"sec.183","sectionType":"section","heading":"Work practices","content":"### sec.183 Work practices\n\nA person who is a mineral development licence holder, or an associate of the holder, in carrying out activities in the tenure area that are authorised by the tenure, must take all reasonable steps—\nto ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\nto maintain in good repair all structures and equipment erected in, or brought into, the tenure area by the person; and\nto remove from the tenure area any structure, equipment or other property that—\nbelongs to the person, or is under the person’s control; and\nis not being used, or is not going to be used, in connection with the activities.\nMaximum penalty—267 penalty units.\nThe safety of offshore exploration activities is governed by the Mining and Quarrying Safety and Health Act 1999 —see the definition mine in section 9 of that Act.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\ns 183 amd 2013 No. 51 s 229 sch 1\n- (a) to ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\n- (b) to maintain in good repair all structures and equipment erected in, or brought into, the tenure area by the person; and\n- (c) to remove from the tenure area any structure, equipment or other property that— (i) belongs to the person, or is under the person’s control; and (ii) is not being used, or is not going to be used, in connection with the activities.\n- (i) belongs to the person, or is under the person’s control; and\n- (ii) is not being used, or is not going to be used, in connection with the activities.\n- (i) belongs to the person, or is under the person’s control; and\n- (ii) is not being used, or is not going to be used, in connection with the activities.\n- 1 The safety of offshore exploration activities is governed by the Mining and Quarrying Safety and Health Act 1999 —see the definition mine in section 9 of that Act.\n- 2 If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.","sortOrder":202},{"sectionNumber":"sec.184","sectionType":"section","heading":"Tenure holder must keep specified records etc.","content":"### sec.184 Tenure holder must keep specified records etc.\n\nA mineral development licence holder must—\nkeep whatever records and samples; and\ngive whatever records and samples to the Minister for inspection; and\nmake whatever returns;\nare necessary to comply with—\nthe regulations; or\nthe tenure conditions; or\na direction given by the Minister under section 387 .\nUnder sections 386 and 387 the Minister may direct a person to keep records and samples to give records and samples to the Minister, and to make returns.\nMaximum penalty—134 penalty units.\n- (a) keep whatever records and samples; and\n- (b) give whatever records and samples to the Minister for inspection; and\n- (c) make whatever returns;\n- (d) the regulations; or\n- (e) the tenure conditions; or\n- (f) a direction given by the Minister under section 387 .","sortOrder":203},{"sectionNumber":"sec.185","sectionType":"section","heading":"Tenure holder must help inspectors","content":"### sec.185 Tenure holder must help inspectors\n\nA mineral development licence holder must provide an inspector with reasonable facilities and help so that the inspector is able to carry out compliance inspections.\nSee sections 377 to 384 for compliance inspections.\nMaximum penalty—67 penalty units.","sortOrder":204},{"sectionNumber":"ch.2-pt.2.3-div.7","sectionType":"division","heading":"Expiry of mineral development licence","content":"## Expiry of mineral development licence","sortOrder":205},{"sectionNumber":"sec.186","sectionType":"section","heading":"General","content":"### sec.186 General\n\nA mineral development licence expires if—\nthe term of the tenure ends without the tenure being renewed; or\nthe tenure holder surrenders the tenure; or\na mining lease is granted over the sub-blocks in the tenure area of the mineral development licence; or\nthe tenure is cancelled.\nFor paragraph (a) see division 5 . For paragraph (b) see section 187 . For paragraph (c) see section 188 . For paragraph (d) see sections 189 and 190 .\n- (a) the term of the tenure ends without the tenure being renewed; or\n- (b) the tenure holder surrenders the tenure; or\n- (c) a mining lease is granted over the sub-blocks in the tenure area of the mineral development licence; or\n- (d) the tenure is cancelled.","sortOrder":206},{"sectionNumber":"sec.187","sectionType":"section","heading":"Voluntary surrender of mineral development licence","content":"### sec.187 Voluntary surrender of mineral development licence\n\nA mineral development licence holder may surrender the tenure.\nSee division 4 for voluntary surrender of part of a tenure area.\nThe surrender takes effect when it is registered under section 337 (see section 337 (5) ).","sortOrder":207},{"sectionNumber":"sec.188","sectionType":"section","heading":"Automatic expiry of mineral development licence when mining lease takes effect","content":"### sec.188 Automatic expiry of mineral development licence when mining lease takes effect\n\nIf—\na mineral development licence is in force; and\na mining lease over all or some of the sub-blocks in the mineral development licence area comes into force under section 232 ;\nthe mineral development licence expires in relation to the sub-blocks covered by the mining lease.\n- (a) a mineral development licence is in force; and\n- (b) a mining lease over all or some of the sub-blocks in the mineral development licence area comes into force under section 232 ;","sortOrder":208},{"sectionNumber":"sec.189","sectionType":"section","heading":"Cancellation of mineral development licence—breach of condition etc.","content":"### sec.189 Cancellation of mineral development licence—breach of condition etc.\n\nSubject to subsection (5) , the Minister may cancel a mineral development licence if the tenure holder—\nbreaches a tenure condition; or\ncontravenes a provision of this Act or the regulations; or\nbreaches a condition attached to an approval under section 365 (2) .\nIf the Minister proposes to cancel a tenure under subsection (1) , the Minister must give the holder a notice that informs the holder of the proposed cancellation.\nThe notice must—\nspecify the reason for the proposed cancellation; and\ninvite the holder to make submissions about the proposed cancellation; and\nspecify the day by which submissions may be made to the Minister; and\nspecify an address where submissions are to be lodged.\nThe day specified under subsection (3) (c) must be not less than 60 days after the day on which the notice is given.\nThe Minister may cancel the tenure only if—\nthe holder has been given a notice under subsection (2) ; and\nthe Minister has considered—\nany submission made by the holder as provided by the notice under subsection (3) ; and\nany steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\nthe Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n(sec.189-ssec.1) Subject to subsection (5) , the Minister may cancel a mineral development licence if the tenure holder— breaches a tenure condition; or contravenes a provision of this Act or the regulations; or breaches a condition attached to an approval under section 365 (2) .\n(sec.189-ssec.2) If the Minister proposes to cancel a tenure under subsection (1) , the Minister must give the holder a notice that informs the holder of the proposed cancellation.\n(sec.189-ssec.3) The notice must— specify the reason for the proposed cancellation; and invite the holder to make submissions about the proposed cancellation; and specify the day by which submissions may be made to the Minister; and specify an address where submissions are to be lodged.\n(sec.189-ssec.4) The day specified under subsection (3) (c) must be not less than 60 days after the day on which the notice is given.\n(sec.189-ssec.5) The Minister may cancel the tenure only if— the holder has been given a notice under subsection (2) ; and the Minister has considered— any submission made by the holder as provided by the notice under subsection (3) ; and any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and the Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n- (a) breaches a tenure condition; or\n- (b) contravenes a provision of this Act or the regulations; or\n- (c) breaches a condition attached to an approval under section 365 (2) .\n- (a) specify the reason for the proposed cancellation; and\n- (b) invite the holder to make submissions about the proposed cancellation; and\n- (c) specify the day by which submissions may be made to the Minister; and\n- (d) specify an address where submissions are to be lodged.\n- (a) the holder has been given a notice under subsection (2) ; and\n- (b) the Minister has considered— (i) any submission made by the holder as provided by the notice under subsection (3) ; and (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\n- (i) any submission made by the holder as provided by the notice under subsection (3) ; and\n- (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\n- (c) the Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n- (i) any submission made by the holder as provided by the notice under subsection (3) ; and\n- (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and","sortOrder":209},{"sectionNumber":"sec.190","sectionType":"section","heading":"Cancellation of mineral development licence—mining activities viable","content":"### sec.190 Cancellation of mineral development licence—mining activities viable\n\nIf the Minister believes that mining activities should commence in a mineral development licence area, the Minister must ask the tenure holder to explain to the Minister why the holder should not apply for a mining lease over the mineral development licence area.\nA request under subsection (1) must—\nbe in writing; and\nspecify the day by which the holder must give the explanation to the Minister.\nThe day specified under subsection (2) (b) must be at least 30 days after the day on which the request is given to the holder.\nAn explanation provided in response to a request under subsection (1) must be in writing.\nThe Minister may cancel the mineral development licence if—\na request is made under subsection (1) ; and\neither—\nthe holder does not give the Minister an explanation in response to the request by the day specified in the request; or\nthe holder gives the Minister an explanation in response to the request but the Minister does not consider the explanation to be satisfactory.\nIf the Minister cancels a mineral development licence under subsection (5) , the Minister may specify the day on which the cancellation takes effect.\nWithout limiting subsection (6) , the Minister, in deciding the day on which the cancellation is to take effect, may have regard to the time needed by the holder to obtain the grant of a mining lease over the mineral development licence area.\n(sec.190-ssec.1) If the Minister believes that mining activities should commence in a mineral development licence area, the Minister must ask the tenure holder to explain to the Minister why the holder should not apply for a mining lease over the mineral development licence area.\n(sec.190-ssec.2) A request under subsection (1) must— be in writing; and specify the day by which the holder must give the explanation to the Minister.\n(sec.190-ssec.3) The day specified under subsection (2) (b) must be at least 30 days after the day on which the request is given to the holder.\n(sec.190-ssec.4) An explanation provided in response to a request under subsection (1) must be in writing.\n(sec.190-ssec.5) The Minister may cancel the mineral development licence if— a request is made under subsection (1) ; and either— the holder does not give the Minister an explanation in response to the request by the day specified in the request; or the holder gives the Minister an explanation in response to the request but the Minister does not consider the explanation to be satisfactory.\n(sec.190-ssec.6) If the Minister cancels a mineral development licence under subsection (5) , the Minister may specify the day on which the cancellation takes effect.\n(sec.190-ssec.7) Without limiting subsection (6) , the Minister, in deciding the day on which the cancellation is to take effect, may have regard to the time needed by the holder to obtain the grant of a mining lease over the mineral development licence area.\n- (a) be in writing; and\n- (b) specify the day by which the holder must give the explanation to the Minister.\n- (a) a request is made under subsection (1) ; and\n- (b) either— (i) the holder does not give the Minister an explanation in response to the request by the day specified in the request; or (ii) the holder gives the Minister an explanation in response to the request but the Minister does not consider the explanation to be satisfactory.\n- (i) the holder does not give the Minister an explanation in response to the request by the day specified in the request; or\n- (ii) the holder gives the Minister an explanation in response to the request but the Minister does not consider the explanation to be satisfactory.\n- (i) the holder does not give the Minister an explanation in response to the request by the day specified in the request; or\n- (ii) the holder gives the Minister an explanation in response to the request but the Minister does not consider the explanation to be satisfactory.","sortOrder":210},{"sectionNumber":"sec.191","sectionType":"section","heading":"Obligations of former mineral development licence holders and former associates","content":"### sec.191 Obligations of former mineral development licence holders and former associates\n\nSubject to subsection (4) , if—\na person was—\na mineral development licence holder; or\nan associate of a mineral development licence holder; and\nthe tenure—\nexpires; or\nis cancelled; or\nis surrendered; and\nan obligation associated with the tenure arising out of—\na tenure condition; or\na direction given under section 387 ; or\nthis Act or the regulations;\nhas not been discharged; and\nthe person was bound by that obligation when the person was the tenure holder or an associate;\nthe person remains bound by the obligation until the obligation is discharged.\nSubsection (1) does not continue an obligation to carry out exploration or recovery activities.\nSubsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular way if the person carries them out.\nThe Minister may decide that the person is not subject to—\nany particular obligation under this section; or\nall the person’s remaining obligations under this section.\nA decision under subsection (4) must be in writing.\n(sec.191-ssec.1) Subject to subsection (4) , if— a person was— a mineral development licence holder; or an associate of a mineral development licence holder; and the tenure— expires; or is cancelled; or is surrendered; and an obligation associated with the tenure arising out of— a tenure condition; or a direction given under section 387 ; or this Act or the regulations; has not been discharged; and the person was bound by that obligation when the person was the tenure holder or an associate; the person remains bound by the obligation until the obligation is discharged.\n(sec.191-ssec.2) Subsection (1) does not continue an obligation to carry out exploration or recovery activities.\n(sec.191-ssec.3) Subsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular way if the person carries them out.\n(sec.191-ssec.4) The Minister may decide that the person is not subject to— any particular obligation under this section; or all the person’s remaining obligations under this section.\n(sec.191-ssec.5) A decision under subsection (4) must be in writing.\n- (a) a person was— (i) a mineral development licence holder; or (ii) an associate of a mineral development licence holder; and\n- (i) a mineral development licence holder; or\n- (ii) an associate of a mineral development licence holder; and\n- (b) the tenure— (i) expires; or (ii) is cancelled; or (iii) is surrendered; and\n- (i) expires; or\n- (ii) is cancelled; or\n- (iii) is surrendered; and\n- (c) an obligation associated with the tenure arising out of— (i) a tenure condition; or (ii) a direction given under section 387 ; or (iii) this Act or the regulations; has not been discharged; and\n- (i) a tenure condition; or\n- (ii) a direction given under section 387 ; or\n- (iii) this Act or the regulations;\n- (d) the person was bound by that obligation when the person was the tenure holder or an associate;\n- (i) a mineral development licence holder; or\n- (ii) an associate of a mineral development licence holder; and\n- (i) expires; or\n- (ii) is cancelled; or\n- (iii) is surrendered; and\n- (i) a tenure condition; or\n- (ii) a direction given under section 387 ; or\n- (iii) this Act or the regulations;\n- (a) any particular obligation under this section; or\n- (b) all the person’s remaining obligations under this section.","sortOrder":211},{"sectionNumber":"ch.2-pt.2.4","sectionType":"part","heading":"Mining leases","content":"# Mining leases","sortOrder":212},{"sectionNumber":"ch.2-pt.2.4-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":213},{"sectionNumber":"sec.192","sectionType":"section","heading":"Mining leases","content":"### sec.192 Mining leases\n\nThis part provides for the grant of mining leases over sub-blocks in coastal waters.\nA mining lease may be granted over—\na vacant standard sub-block; or\ncertain sub-blocks that are not vacant; or\na tender sub-block.\nA tender sub-block is a sub-block that has been declared available for tender. A standard sub-block is any other sub-block (see sections 19 and 20 ).\nAn exploration permit or mineral development licence holder may apply for a mining lease over the same area or part of the same area.\nFor paragraphs (a) and (b) see division 2 (Application for and grant of mining lease over standard sub-blocks) and for paragraph (c) see division 3 (Application for and grant of mining lease over tender sub-block).\n(sec.192-ssec.1) This part provides for the grant of mining leases over sub-blocks in coastal waters.\n(sec.192-ssec.2) A mining lease may be granted over— a vacant standard sub-block; or certain sub-blocks that are not vacant; or a tender sub-block. A tender sub-block is a sub-block that has been declared available for tender. A standard sub-block is any other sub-block (see sections 19 and 20 ). An exploration permit or mineral development licence holder may apply for a mining lease over the same area or part of the same area. For paragraphs (a) and (b) see division 2 (Application for and grant of mining lease over standard sub-blocks) and for paragraph (c) see division 3 (Application for and grant of mining lease over tender sub-block).\n- (a) a vacant standard sub-block; or\n- (b) certain sub-blocks that are not vacant; or\n- (c) a tender sub-block.","sortOrder":214},{"sectionNumber":"sec.193","sectionType":"section","heading":"Activities authorised by a mining lease","content":"### sec.193 Activities authorised by a mining lease\n\nSubject to subsection (2) , a mining lease holder may—\nrecover minerals in the tenure area; and\nexplore for minerals in the tenure area.\nUnder section 23 (1) the concept of exploration extends to activities that are directly related to exploration.\nUnder section 24 (1) the concept of recovery extends to activities that are directly related to the recovery of minerals.\nIf the tenure is expressed to restrict the kind of minerals covered by the tenure, the holder is not permitted to recover, or to explore for, minerals not covered by the tenure.\nA restriction on the kind of minerals covered by the tenure may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).\nFor subsection (2) , the holder does not recover an excluded mineral if, in the course of recovering, or exploring for, another mineral, the holder recovers some excluded mineral.\n(sec.193-ssec.1) Subject to subsection (2) , a mining lease holder may— recover minerals in the tenure area; and explore for minerals in the tenure area. Under section 23 (1) the concept of exploration extends to activities that are directly related to exploration. Under section 24 (1) the concept of recovery extends to activities that are directly related to the recovery of minerals.\n(sec.193-ssec.2) If the tenure is expressed to restrict the kind of minerals covered by the tenure, the holder is not permitted to recover, or to explore for, minerals not covered by the tenure.\n(sec.193-ssec.3) A restriction on the kind of minerals covered by the tenure may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).\n(sec.193-ssec.4) For subsection (2) , the holder does not recover an excluded mineral if, in the course of recovering, or exploring for, another mineral, the holder recovers some excluded mineral.\n- (a) recover minerals in the tenure area; and\n- (b) explore for minerals in the tenure area.","sortOrder":215},{"sectionNumber":"sec.194","sectionType":"section","heading":"Minister may cancel or not renew mining lease without compensation","content":"### sec.194 Minister may cancel or not renew mining lease without compensation\n\nNo compensation is payable because of the cancellation or non-renewal of a mining lease by the Minister.\nThe Minister may cancel the tenure under section 265 .\nThe Minister may refuse to renew the tenure under section 242 .","sortOrder":216},{"sectionNumber":"sec.195","sectionType":"section","heading":"Tenure rights may be suspended","content":"### sec.195 Tenure rights may be suspended\n\nThe Minister must suspend particular rights conferred by a mining lease if the Minister is satisfied that it is necessary in the public interest to do so.\nThe Minister may suspend rights under subsection (1) for a specified period or for an indefinite period.\nThe Minister may end a suspension at any time.\nA suspension or the ending of a suspension must be in writing.\nIf the Minister—\nsuspends rights conferred by a mining lease; or\nends a suspension;\nthe Minister must give the tenure holder a notice that informs the holder of the suspension or the ending of a suspension.\nSee section 258 for the effect of the suspension on the obligations associated with the tenure.\nA suspension takes effect when—\nthe holder has been given notice of the suspension under subsection (5) ; and\nthe suspension has been registered under section 337 .\n(sec.195-ssec.1) The Minister must suspend particular rights conferred by a mining lease if the Minister is satisfied that it is necessary in the public interest to do so.\n(sec.195-ssec.2) The Minister may suspend rights under subsection (1) for a specified period or for an indefinite period.\n(sec.195-ssec.3) The Minister may end a suspension at any time.\n(sec.195-ssec.4) A suspension or the ending of a suspension must be in writing.\n(sec.195-ssec.5) If the Minister— suspends rights conferred by a mining lease; or ends a suspension; the Minister must give the tenure holder a notice that informs the holder of the suspension or the ending of a suspension. See section 258 for the effect of the suspension on the obligations associated with the tenure.\n(sec.195-ssec.6) A suspension takes effect when— the holder has been given notice of the suspension under subsection (5) ; and the suspension has been registered under section 337 .\n- (a) suspends rights conferred by a mining lease; or\n- (b) ends a suspension;\n- (a) the holder has been given notice of the suspension under subsection (5) ; and\n- (b) the suspension has been registered under section 337 .","sortOrder":217},{"sectionNumber":"sec.196","sectionType":"section","heading":"Compensation for acquisition of property due to suspension of rights","content":"### sec.196 Compensation for acquisition of property due to suspension of rights\n\nIf—\nthe Minister suspends tenure rights under section 195 ; and\nthe suspension results in the acquisition of property from a person; and\nthe State and the person agree on an amount of compensation for the acquisition;\nthe State must pay the person the agreed amount of compensation.\nIf—\nthe Minister suspends tenure rights under section 195 ; and\nthe suspension results in the acquisition of property from a person; and\nthe State and the person do not agree on an amount of compensation for the acquisition; and\nthe person brings an action for compensation against the State in the Wardens Court;\nthe State must pay the person the amount of compensation (if any) that is decided by the court.\nIn this section—\nacquisition of property see the Commonwealth Constitution, section 51 (xxxi) .\n(sec.196-ssec.1) If— the Minister suspends tenure rights under section 195 ; and the suspension results in the acquisition of property from a person; and the State and the person agree on an amount of compensation for the acquisition; the State must pay the person the agreed amount of compensation.\n(sec.196-ssec.2) If— the Minister suspends tenure rights under section 195 ; and the suspension results in the acquisition of property from a person; and the State and the person do not agree on an amount of compensation for the acquisition; and the person brings an action for compensation against the State in the Wardens Court; the State must pay the person the amount of compensation (if any) that is decided by the court.\n(sec.196-ssec.3) In this section— acquisition of property see the Commonwealth Constitution, section 51 (xxxi) .\n- (a) the Minister suspends tenure rights under section 195 ; and\n- (b) the suspension results in the acquisition of property from a person; and\n- (c) the State and the person agree on an amount of compensation for the acquisition;\n- (a) the Minister suspends tenure rights under section 195 ; and\n- (b) the suspension results in the acquisition of property from a person; and\n- (c) the State and the person do not agree on an amount of compensation for the acquisition; and\n- (d) the person brings an action for compensation against the State in the Wardens Court;","sortOrder":218},{"sectionNumber":"ch.2-pt.2.4-div.2","sectionType":"division","heading":"Application for and grant of mining lease over standard sub-blocks","content":"## Application for and grant of mining lease over standard sub-blocks","sortOrder":219},{"sectionNumber":"sec.197","sectionType":"section","heading":"Application for mining lease over vacant standard sub-block","content":"### sec.197 Application for mining lease over vacant standard sub-block\n\nA person may apply to the Minister for a mining lease over a standard sub-block that is vacant.\nA standard sub-block is vacant if no exploration permit, mineral development licence or mining lease is in force over the sub-block.\nThe application must not cover more than 20 sub-blocks.\nIf the application is for a tenure over a group of sub-blocks, the sub-blocks must form a discrete area.\n(sec.197-ssec.1) A person may apply to the Minister for a mining lease over a standard sub-block that is vacant.\n(sec.197-ssec.2) A standard sub-block is vacant if no exploration permit, mineral development licence or mining lease is in force over the sub-block.\n(sec.197-ssec.3) The application must not cover more than 20 sub-blocks.\n(sec.197-ssec.4) If the application is for a tenure over a group of sub-blocks, the sub-blocks must form a discrete area.","sortOrder":220},{"sectionNumber":"sec.198","sectionType":"section","heading":"Holder of exploration permit or mineral development licence may apply for mining lease","content":"### sec.198 Holder of exploration permit or mineral development licence may apply for mining lease\n\nAn exploration or mineral development licence holder may apply to the Minister for a mining lease over all or some of the sub-blocks in the tenure area of the exploration or mineral development licence.\nA person may apply for a mining lease under subsection (1) over a group of sub-blocks only if—\nthe group forms a discrete area; and\nthere are not more than 20 sub-blocks in the group.\nThe holder may apply for 2 or more mining leases over different parts of the tenure area of the exploration or mineral development licence.\n(sec.198-ssec.1) An exploration or mineral development licence holder may apply to the Minister for a mining lease over all or some of the sub-blocks in the tenure area of the exploration or mineral development licence.\n(sec.198-ssec.2) A person may apply for a mining lease under subsection (1) over a group of sub-blocks only if— the group forms a discrete area; and there are not more than 20 sub-blocks in the group.\n(sec.198-ssec.3) The holder may apply for 2 or more mining leases over different parts of the tenure area of the exploration or mineral development licence.\n- (a) the group forms a discrete area; and\n- (b) there are not more than 20 sub-blocks in the group.","sortOrder":221},{"sectionNumber":"sec.199","sectionType":"section","heading":"How to apply","content":"### sec.199 How to apply\n\nAn application under section 197 or 198 must—\nbe made in accordance with the approved form; and\nbe made in the approved way; and\nspecify the sub-blocks for which the application is made; and\ninclude details of—\nthe activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and\nthe amount of money that the applicant intends to spend on those activities; and\nthe technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\nthe technical advice available to the applicant; and\nthe financial resources available to the applicant; and\nif the tenure is to be held by more than 1 person—the share of the tenure that each prospective holder will hold; and\nbe accompanied by maps that—\nrelate to the sub-blocks; and\ncomply with the regulations; and\nspecify an address for service of notices under this Act and the regulations.\nFor paragraphs (a) and (b) see section 41 .\nThe applicant may include in the application any other information that the applicant considers relevant.\n(sec.199-ssec.1) An application under section 197 or 198 must— be made in accordance with the approved form; and be made in the approved way; and specify the sub-blocks for which the application is made; and include details of— the activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and the amount of money that the applicant intends to spend on those activities; and the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and the technical advice available to the applicant; and the financial resources available to the applicant; and if the tenure is to be held by more than 1 person—the share of the tenure that each prospective holder will hold; and be accompanied by maps that— relate to the sub-blocks; and comply with the regulations; and specify an address for service of notices under this Act and the regulations. For paragraphs (a) and (b) see section 41 .\n(sec.199-ssec.2) The applicant may include in the application any other information that the applicant considers relevant.\n- (a) be made in accordance with the approved form; and\n- (b) be made in the approved way; and\n- (c) specify the sub-blocks for which the application is made; and\n- (d) include details of— (i) the activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and (ii) the amount of money that the applicant intends to spend on those activities; and (iii) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and (iv) the technical advice available to the applicant; and (v) the financial resources available to the applicant; and (vi) if the tenure is to be held by more than 1 person—the share of the tenure that each prospective holder will hold; and\n- (i) the activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and\n- (ii) the amount of money that the applicant intends to spend on those activities; and\n- (iii) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\n- (iv) the technical advice available to the applicant; and\n- (v) the financial resources available to the applicant; and\n- (vi) if the tenure is to be held by more than 1 person—the share of the tenure that each prospective holder will hold; and\n- (e) be accompanied by maps that— (i) relate to the sub-blocks; and (ii) comply with the regulations; and\n- (i) relate to the sub-blocks; and\n- (ii) comply with the regulations; and\n- (f) specify an address for service of notices under this Act and the regulations.\n- (i) the activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and\n- (ii) the amount of money that the applicant intends to spend on those activities; and\n- (iii) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\n- (iv) the technical advice available to the applicant; and\n- (v) the financial resources available to the applicant; and\n- (vi) if the tenure is to be held by more than 1 person—the share of the tenure that each prospective holder will hold; and\n- (i) relate to the sub-blocks; and\n- (ii) comply with the regulations; and","sortOrder":222},{"sectionNumber":"sec.200","sectionType":"section","heading":"Effect of inclusion of unavailable sub-block in application","content":"### sec.200 Effect of inclusion of unavailable sub-block in application\n\nIf—\na person applies under section 197 or 198 for a tenure over a group of sub-blocks; and\nbecause of section 18 , 197 or 198 a mining lease can not be granted over 1 or more of the sub-blocks in the group;\nthe Minister may still deal with the application to the extent to which the application covers sub-blocks for which a mining lease can be granted.\nA mining lease can not be granted over a sub-block that is not vacant or over a reserved sub-block (see section 18 ).\n- (a) a person applies under section 197 or 198 for a tenure over a group of sub-blocks; and\n- (b) because of section 18 , 197 or 198 a mining lease can not be granted over 1 or more of the sub-blocks in the group;","sortOrder":223},{"sectionNumber":"sec.201","sectionType":"section","heading":"Payment of fee","content":"### sec.201 Payment of fee\n\nThe applicant must pay the application fee prescribed under a regulation.\nThe fee must be paid when the application is made.\nThe Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.\n(sec.201-ssec.1) The applicant must pay the application fee prescribed under a regulation.\n(sec.201-ssec.2) The fee must be paid when the application is made.\n(sec.201-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.","sortOrder":224},{"sectionNumber":"sec.202","sectionType":"section","heading":"Application must be advertised","content":"### sec.202 Application must be advertised\n\nThe applicant must advertise the application in a newspaper that circulates throughout the State.\nThe advertisement must contain—\nthe applicant’s name and address; and\na map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and\nthe address of the Minister; and\na statement that—\nthe applicant has applied for a mining lease over the sub-blocks described in the notice; and\ninvites comment from the public on the application; and\nrequests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\nThe advertisement must be published—\nas soon as possible after the applicant lodges the application; and\nin any case, subject to subsection (4) , within 14 days after the day on which the applicant lodges the application.\nIf—\nthe applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\nthe Minister extends the period;\nthe advertisement must be published within the period as extended by the Minister.\n(sec.202-ssec.1) The applicant must advertise the application in a newspaper that circulates throughout the State.\n(sec.202-ssec.2) The advertisement must contain— the applicant’s name and address; and a map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and the address of the Minister; and a statement that— the applicant has applied for a mining lease over the sub-blocks described in the notice; and invites comment from the public on the application; and requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n(sec.202-ssec.3) The advertisement must be published— as soon as possible after the applicant lodges the application; and in any case, subject to subsection (4) , within 14 days after the day on which the applicant lodges the application.\n(sec.202-ssec.4) If— the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and the Minister extends the period; the advertisement must be published within the period as extended by the Minister.\n- (a) the applicant’s name and address; and\n- (b) a map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and\n- (c) the address of the Minister; and\n- (d) a statement that— (i) the applicant has applied for a mining lease over the sub-blocks described in the notice; and (ii) invites comment from the public on the application; and (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (i) the applicant has applied for a mining lease over the sub-blocks described in the notice; and\n- (ii) invites comment from the public on the application; and\n- (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (i) the applicant has applied for a mining lease over the sub-blocks described in the notice; and\n- (ii) invites comment from the public on the application; and\n- (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n- (a) as soon as possible after the applicant lodges the application; and\n- (b) in any case, subject to subsection (4) , within 14 days after the day on which the applicant lodges the application.\n- (a) the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\n- (b) the Minister extends the period;","sortOrder":225},{"sectionNumber":"sec.203","sectionType":"section","heading":"How multiple applications are dealt with","content":"### sec.203 How multiple applications are dealt with\n\nSubject to subsection (2) , if a sub-block is covered by 2 or more applications for a mining or exploration permit, the Minister must deal with the applications in the order in which they are made.\nSee also section 58 .\nIf—\nthe applications are lodged within a particular time of each other; and\nthe time is less than the time prescribed under a regulation;\nthe Minister must decide the order in which the applications are to be dealt with by drawing lots in the way prescribed under a regulation.\n(sec.203-ssec.1) Subject to subsection (2) , if a sub-block is covered by 2 or more applications for a mining or exploration permit, the Minister must deal with the applications in the order in which they are made. See also section 58 .\n(sec.203-ssec.2) If— the applications are lodged within a particular time of each other; and the time is less than the time prescribed under a regulation; the Minister must decide the order in which the applications are to be dealt with by drawing lots in the way prescribed under a regulation.\n- (a) the applications are lodged within a particular time of each other; and\n- (b) the time is less than the time prescribed under a regulation;","sortOrder":226},{"sectionNumber":"sec.204","sectionType":"section","heading":"Request for further information","content":"### sec.204 Request for further information\n\nThe Minister may ask the applicant for further information about the application.\nThe request must—\nbe in writing; and\nbe given to the applicant; and\nspecify the time within which the information must be provided.\nInformation requested under subsection (1) must be provided—\nin writing; and\nwithin the time specified in the request.\n(sec.204-ssec.1) The Minister may ask the applicant for further information about the application.\n(sec.204-ssec.2) The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided.\n(sec.204-ssec.3) Information requested under subsection (1) must be provided— in writing; and within the time specified in the request.\n- (a) be in writing; and\n- (b) be given to the applicant; and\n- (c) specify the time within which the information must be provided.\n- (a) in writing; and\n- (b) within the time specified in the request.","sortOrder":227},{"sectionNumber":"sec.205","sectionType":"section","heading":"Section number not used","content":"### sec.205 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":228},{"sectionNumber":"sec.206","sectionType":"section","heading":"Minister may provisionally grant tenure","content":"### sec.206 Minister may provisionally grant tenure\n\nIf the applicant does what is required by sections 199 , 201 , 202 and 204 , the Minister may—\nprovisionally grant a mining lease to the applicant; or\nsubject to section 208 , refuse the application.\nUnder section 232 , the grant of the tenure can not be effective before it is registered (see section 333 for registration). The grant will not be registered until it has been properly accepted (see section 214 for proper acceptance ).\n- (a) provisionally grant a mining lease to the applicant; or\n- (b) subject to section 208 , refuse the application.","sortOrder":229},{"sectionNumber":"sec.207","sectionType":"section","heading":"Section number not used","content":"### sec.207 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":230},{"sectionNumber":"sec.208","sectionType":"section","heading":"Refusal of application for mining lease made under section 198","content":"### sec.208 Refusal of application for mining lease made under section 198\n\nIf the Minister proposes to refuse an application for a mining lease made under section 198 , the Minister must give the applicant notice of the proposed refusal.\nThe notice must—\nspecify the reason for the proposed refusal; and\ninvite the applicant to make written submissions about the proposed refusal; and\nspecify the day by which submissions may be made to the Minister; and\nspecify an address where submissions are to be lodged.\nThe day specified under subsection (2) (c) must be not less than 30 days after the day on which the notice is given.\nThe Minister may refuse to grant an application for a mining lease made under section 198 only if—\nthe applicant has been given a notice under subsection (1) ; and\nthe Minister has considered any submission made by the applicant; and\nthe Minister is satisfied that no special circumstances exist that justify the tenure being granted.\n(sec.208-ssec.1) If the Minister proposes to refuse an application for a mining lease made under section 198 , the Minister must give the applicant notice of the proposed refusal.\n(sec.208-ssec.2) The notice must— specify the reason for the proposed refusal; and invite the applicant to make written submissions about the proposed refusal; and specify the day by which submissions may be made to the Minister; and specify an address where submissions are to be lodged.\n(sec.208-ssec.3) The day specified under subsection (2) (c) must be not less than 30 days after the day on which the notice is given.\n(sec.208-ssec.4) The Minister may refuse to grant an application for a mining lease made under section 198 only if— the applicant has been given a notice under subsection (1) ; and the Minister has considered any submission made by the applicant; and the Minister is satisfied that no special circumstances exist that justify the tenure being granted.\n- (a) specify the reason for the proposed refusal; and\n- (b) invite the applicant to make written submissions about the proposed refusal; and\n- (c) specify the day by which submissions may be made to the Minister; and\n- (d) specify an address where submissions are to be lodged.\n- (a) the applicant has been given a notice under subsection (1) ; and\n- (b) the Minister has considered any submission made by the applicant; and\n- (c) the Minister is satisfied that no special circumstances exist that justify the tenure being granted.","sortOrder":231},{"sectionNumber":"sec.209","sectionType":"section","heading":"Matters to be specified in the tenure","content":"### sec.209 Matters to be specified in the tenure\n\nThe tenure must specify—\nthe sub-blocks covered by the tenure; and\nthe term of the tenure; and\nthe tenure conditions.\nThe term specified under subsection (1) (b) must not be more than 21 years.\n(sec.209-ssec.1) The tenure must specify— the sub-blocks covered by the tenure; and the term of the tenure; and the tenure conditions.\n(sec.209-ssec.2) The term specified under subsection (1) (b) must not be more than 21 years.\n- (a) the sub-blocks covered by the tenure; and\n- (b) the term of the tenure; and\n- (c) the tenure conditions.","sortOrder":232},{"sectionNumber":"sec.210","sectionType":"section","heading":"Applicant must be notified","content":"### sec.210 Applicant must be notified\n\nThe Minister must give the applicant notice of the Minister’s decision under section 206 .\nIf the Minister provisionally grants a mining lease—\nthe Minister must give the tenure to the provisional holder; and\nthe notice under subsection (1) must contain notification—\nof any decision under section 399 that the provisional holder must lodge a security; and\nthat the provisional grant will lapse unless the provisional holder, before the end of the primary payment period—\ngives the Minister a written acceptance of the grant; and\nlodges any security required by the Minister under section 399 ; and\npays the fee that must be paid for the tenure under section 425 .\n(sec.210-ssec.1) The Minister must give the applicant notice of the Minister’s decision under section 206 .\n(sec.210-ssec.2) If the Minister provisionally grants a mining lease— the Minister must give the tenure to the provisional holder; and the notice under subsection (1) must contain notification— of any decision under section 399 that the provisional holder must lodge a security; and that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— gives the Minister a written acceptance of the grant; and lodges any security required by the Minister under section 399 ; and pays the fee that must be paid for the tenure under section 425 .\n- (a) the Minister must give the tenure to the provisional holder; and\n- (b) the notice under subsection (1) must contain notification— (i) of any decision under section 399 that the provisional holder must lodge a security; and (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required by the Minister under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (i) of any decision under section 399 that the provisional holder must lodge a security; and\n- (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required by the Minister under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required by the Minister under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .\n- (i) of any decision under section 399 that the provisional holder must lodge a security; and\n- (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required by the Minister under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required by the Minister under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required by the Minister under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .","sortOrder":233},{"sectionNumber":"sec.211","sectionType":"section","heading":"Amendment of conditions","content":"### sec.211 Amendment of conditions\n\nIf the provisional holder is dissatisfied with the tenure conditions, the provisional holder may ask the Minister to amend the conditions.\nThe request must be made within 30 days after the day on which the provisional holder is given the tenure under section 210 .\nIf a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the provisional holder, otherwise amend the conditions.\nThe Minister must give the provisional holder notice of a decision under this section.\n(sec.211-ssec.1) If the provisional holder is dissatisfied with the tenure conditions, the provisional holder may ask the Minister to amend the conditions.\n(sec.211-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given the tenure under section 210 .\n(sec.211-ssec.3) If a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the provisional holder, otherwise amend the conditions.\n(sec.211-ssec.4) The Minister must give the provisional holder notice of a decision under this section.","sortOrder":234},{"sectionNumber":"sec.212","sectionType":"section","heading":"Amendment of security requirements","content":"### sec.212 Amendment of security requirements\n\nIf the provisional holder—\nis notified of a security requirement; and\nis dissatisfied with the amount of the security required;\nthe provisional holder may ask the Minister to make a new decision under section 399 .\nThe request must be made within 30 days after the day on which the applicant is given notice under section 210 .\nIf a request is made under subsection (1) , the Minister may make a new decision under section 399 .\nThe Minister must give the provisional holder notice of the new decision.\n(sec.212-ssec.1) If the provisional holder— is notified of a security requirement; and is dissatisfied with the amount of the security required; the provisional holder may ask the Minister to make a new decision under section 399 .\n(sec.212-ssec.2) The request must be made within 30 days after the day on which the applicant is given notice under section 210 .\n(sec.212-ssec.3) If a request is made under subsection (1) , the Minister may make a new decision under section 399 .\n(sec.212-ssec.4) The Minister must give the provisional holder notice of the new decision.\n- (a) is notified of a security requirement; and\n- (b) is dissatisfied with the amount of the security required;","sortOrder":235},{"sectionNumber":"sec.213","sectionType":"section","heading":"Extension of primary payment period","content":"### sec.213 Extension of primary payment period\n\nIf the provisional holder makes a request under section 211 or 212 , the provisional holder may ask the Minister to extend the primary payment period.\nThe request must be made within 30 days after the day on which the provisional holder is given notice under section 210 .\nIf the Minister agrees to the request, the Minister must—\ndecide the period of the extension; and\ngive the provisional holder a notice of the period of the extension.\n(sec.213-ssec.1) If the provisional holder makes a request under section 211 or 212 , the provisional holder may ask the Minister to extend the primary payment period.\n(sec.213-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 210 .\n(sec.213-ssec.3) If the Minister agrees to the request, the Minister must— decide the period of the extension; and give the provisional holder a notice of the period of the extension.\n- (a) decide the period of the extension; and\n- (b) give the provisional holder a notice of the period of the extension.","sortOrder":236},{"sectionNumber":"sec.214","sectionType":"section","heading":"Acceptance of grant of mining lease for standard sub-block","content":"### sec.214 Acceptance of grant of mining lease for standard sub-block\n\nThe provisional grant of the mining lease is properly accepted by the provisional holder if, before the required time, the provisional holder—\ngives the Minister a written acceptance of the grant; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 .\nThe required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 213 , the end of the secondary payment period.\nUnder section 232 , the grant of the tenure can not be effective before it is registered (see section 333 for registration).\n(sec.214-ssec.1) The provisional grant of the mining lease is properly accepted by the provisional holder if, before the required time, the provisional holder— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 .\n(sec.214-ssec.2) The required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 213 , the end of the secondary payment period. Under section 232 , the grant of the tenure can not be effective before it is registered (see section 333 for registration).\n- (a) gives the Minister a written acceptance of the grant; and\n- (b) lodges any security required under section 399 ; and\n- (c) pays the fee that must be paid for the tenure under section 425 .","sortOrder":237},{"sectionNumber":"sec.215","sectionType":"section","heading":"Conditions applicable to tenure on grant","content":"### sec.215 Conditions applicable to tenure on grant\n\nIf the provisional grant of the tenure is properly accepted under section 214 , it is subject to—\nthe conditions specified in the tenure given to the applicant under section 210 ; or\nif the Minister amended those conditions under section 211 —those conditions as amended.\n- (a) the conditions specified in the tenure given to the applicant under section 210 ; or\n- (b) if the Minister amended those conditions under section 211 —those conditions as amended.","sortOrder":238},{"sectionNumber":"sec.216","sectionType":"section","heading":"Lapse of provisional grant of mining lease","content":"### sec.216 Lapse of provisional grant of mining lease\n\nIf the provisional grant of the tenure is not properly accepted under section 214 , the provisional grant lapses.","sortOrder":239},{"sectionNumber":"ch.2-pt.2.4-div.3","sectionType":"division","heading":"Application for and grant of mining lease over tender sub-block","content":"## Application for and grant of mining lease over tender sub-block","sortOrder":240},{"sectionNumber":"sec.217","sectionType":"section","heading":"Matters to be decided before applications for mining lease over tender sub-blocks invited","content":"### sec.217 Matters to be decided before applications for mining lease over tender sub-blocks invited\n\nIf the Minister proposes to invite applications for the grant of a mining lease over reserved sub-blocks, the Minister must, before inviting the applications, decide—\nthe procedure and criteria that the Minister will adopt to allocate the tenure; and\nthe amount of security that will be required for the tenure under section 399 ; and\nthe initial term of the tenure; and\nthe tenure conditions.\nThe term decided under subsection (1) (c) must not be more than 21 years.\n(sec.217-ssec.1) If the Minister proposes to invite applications for the grant of a mining lease over reserved sub-blocks, the Minister must, before inviting the applications, decide— the procedure and criteria that the Minister will adopt to allocate the tenure; and the amount of security that will be required for the tenure under section 399 ; and the initial term of the tenure; and the tenure conditions.\n(sec.217-ssec.2) The term decided under subsection (1) (c) must not be more than 21 years.\n- (a) the procedure and criteria that the Minister will adopt to allocate the tenure; and\n- (b) the amount of security that will be required for the tenure under section 399 ; and\n- (c) the initial term of the tenure; and\n- (d) the tenure conditions.","sortOrder":241},{"sectionNumber":"sec.218","sectionType":"section","heading":"Minister may invite applications for mining lease over tender sub-blocks","content":"### sec.218 Minister may invite applications for mining lease over tender sub-blocks\n\nSubject to subsection (2) , the Minister may invite applications for the grant of a mining lease over reserved sub-blocks.\nApplications may be invited for a tenure covering a group of reserved sub-blocks only if the group forms a discrete area.\nThe Minister is to invite applications by publishing a tender sub-block tenure notice for the tenure in the gazette.\nA mining lease may cover not more than 20 tender sub-blocks (see section 219 ).\nA mining lease might be made available by a tender sub-block notice if a mineral deposit in the area had already been identified and sufficient information was already available to justify the issue of a mining lease rather than an exploration permit.\n(sec.218-ssec.1) Subject to subsection (2) , the Minister may invite applications for the grant of a mining lease over reserved sub-blocks.\n(sec.218-ssec.2) Applications may be invited for a tenure covering a group of reserved sub-blocks only if the group forms a discrete area.\n(sec.218-ssec.3) The Minister is to invite applications by publishing a tender sub-block tenure notice for the tenure in the gazette. A mining lease may cover not more than 20 tender sub-blocks (see section 219 ). A mining lease might be made available by a tender sub-block notice if a mineral deposit in the area had already been identified and sufficient information was already available to justify the issue of a mining lease rather than an exploration permit.","sortOrder":242},{"sectionNumber":"sec.219","sectionType":"section","heading":"Tender sub-block tenure notice—mining lease","content":"### sec.219 Tender sub-block tenure notice—mining lease\n\nA tender sub-block tenure notice for a mining lease must—\nspecify the sub-blocks to be covered by the tenure; and\nspecify the period within which applications may be made; and\nspecify the procedure and criteria that the Minister will adopt to allocate the tenure; and\nspecify the amount of security that the successful applicant will be required to lodge; and\nspecify the initial term of the tenure; and\ninclude a statement to the effect that information about—\nthe security that the successful applicant will be required to lodge; and\nthe tenure conditions;\nmay be obtained from the Minister.\nWithout limiting subsection (1) (c) , the Minister may, for that paragraph, specify that the tender will be decided on the basis of either or both of the following—\nthe nature and extent of the exploration activity proposed to be carried out;\nthe amount of money offered for the tenure.\nThe tender sub-block tenure notice may specify not more than 20 sub-blocks for the mining lease.\n(sec.219-ssec.1) A tender sub-block tenure notice for a mining lease must— specify the sub-blocks to be covered by the tenure; and specify the period within which applications may be made; and specify the procedure and criteria that the Minister will adopt to allocate the tenure; and specify the amount of security that the successful applicant will be required to lodge; and specify the initial term of the tenure; and include a statement to the effect that information about— the security that the successful applicant will be required to lodge; and the tenure conditions; may be obtained from the Minister.\n(sec.219-ssec.2) Without limiting subsection (1) (c) , the Minister may, for that paragraph, specify that the tender will be decided on the basis of either or both of the following— the nature and extent of the exploration activity proposed to be carried out; the amount of money offered for the tenure.\n(sec.219-ssec.3) The tender sub-block tenure notice may specify not more than 20 sub-blocks for the mining lease.\n- (a) specify the sub-blocks to be covered by the tenure; and\n- (b) specify the period within which applications may be made; and\n- (c) specify the procedure and criteria that the Minister will adopt to allocate the tenure; and\n- (d) specify the amount of security that the successful applicant will be required to lodge; and\n- (e) specify the initial term of the tenure; and\n- (f) include a statement to the effect that information about— (i) the security that the successful applicant will be required to lodge; and (ii) the tenure conditions;\n- (i) the security that the successful applicant will be required to lodge; and\n- (ii) the tenure conditions;\n- (i) the security that the successful applicant will be required to lodge; and\n- (ii) the tenure conditions;\n- (a) the nature and extent of the exploration activity proposed to be carried out;\n- (b) the amount of money offered for the tenure.","sortOrder":243},{"sectionNumber":"sec.220","sectionType":"section","heading":"Application for mining lease over tender sub-blocks","content":"### sec.220 Application for mining lease over tender sub-blocks\n\nIf a tender sub-block tenure notice has been published inviting applications for a mining lease, a person may apply to the Minister for the tenure.","sortOrder":244},{"sectionNumber":"sec.221","sectionType":"section","heading":"How to apply","content":"### sec.221 How to apply\n\nThe application must—\nbe made in accordance with the approved form; and\nbe made in the approved way; and\nbe made before the end of the period specified in the tender sub-block tenure notice; and\naddress the criteria specified under section 219 (1) (c) ; and\ninclude details of—\nthe technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\nthe technical advice available to the applicant; and\nthe financial resources available to the applicant; and\nif the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and\nspecify an address for service of notices under this Act and the regulations.\nFor paragraphs (a) and (b) see section 41 .\nThe applicant may include in the application any other information that the applicant considers relevant.\n(sec.221-ssec.1) The application must— be made in accordance with the approved form; and be made in the approved way; and be made before the end of the period specified in the tender sub-block tenure notice; and address the criteria specified under section 219 (1) (c) ; and include details of— the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and the technical advice available to the applicant; and the financial resources available to the applicant; and if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and specify an address for service of notices under this Act and the regulations. For paragraphs (a) and (b) see section 41 .\n(sec.221-ssec.2) The applicant may include in the application any other information that the applicant considers relevant.\n- (a) be made in accordance with the approved form; and\n- (b) be made in the approved way; and\n- (c) be made before the end of the period specified in the tender sub-block tenure notice; and\n- (d) address the criteria specified under section 219 (1) (c) ; and\n- (e) include details of— (i) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and (ii) the technical advice available to the applicant; and (iii) the financial resources available to the applicant; and (iv) if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and\n- (i) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\n- (ii) the technical advice available to the applicant; and\n- (iii) the financial resources available to the applicant; and\n- (iv) if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and\n- (f) specify an address for service of notices under this Act and the regulations.\n- (i) the technical qualifications of the applicant and of the applicant’s employees who are likely to be involved in activities authorised by the tenure; and\n- (ii) the technical advice available to the applicant; and\n- (iii) the financial resources available to the applicant; and\n- (iv) if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and","sortOrder":245},{"sectionNumber":"sec.222","sectionType":"section","heading":"Payment of fee","content":"### sec.222 Payment of fee\n\nThe applicant must pay the application fee prescribed under a regulation.\nThe fee must be paid when the application is made.\nThe Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.\n(sec.222-ssec.1) The applicant must pay the application fee prescribed under a regulation.\n(sec.222-ssec.2) The fee must be paid when the application is made.\n(sec.222-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.","sortOrder":246},{"sectionNumber":"sec.223","sectionType":"section","heading":"Request for further information","content":"### sec.223 Request for further information\n\nThe Minister may ask the applicant for further information about the application.\nThe request must—\nbe in writing; and\nbe given to the applicant; and\nspecify the time within which the information must be provided.\nInformation requested under subsection (1) must be provided—\nin writing; and\nwithin the time specified in the request.\n(sec.223-ssec.1) The Minister may ask the applicant for further information about the application.\n(sec.223-ssec.2) The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided.\n(sec.223-ssec.3) Information requested under subsection (1) must be provided— in writing; and within the time specified in the request.\n- (a) be in writing; and\n- (b) be given to the applicant; and\n- (c) specify the time within which the information must be provided.\n- (a) in writing; and\n- (b) within the time specified in the request.","sortOrder":247},{"sectionNumber":"sec.224","sectionType":"section","heading":"Section number not used","content":"### sec.224 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":248},{"sectionNumber":"sec.225","sectionType":"section","heading":"Minister may provisionally grant tenure","content":"### sec.225 Minister may provisionally grant tenure\n\nThe Minister may provisionally grant a mining lease to an applicant who has done what is required by sections 221 to 223 .\nWhen provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 218 .\nIf the Minister refuses to grant a tenure under subsection (1) , the Minister must give the applicant notice of the refusal.\n(sec.225-ssec.1) The Minister may provisionally grant a mining lease to an applicant who has done what is required by sections 221 to 223 .\n(sec.225-ssec.2) When provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 218 .\n(sec.225-ssec.3) If the Minister refuses to grant a tenure under subsection (1) , the Minister must give the applicant notice of the refusal.","sortOrder":249},{"sectionNumber":"sec.226","sectionType":"section","heading":"Section number not used","content":"### sec.226 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":250},{"sectionNumber":"sec.227","sectionType":"section","heading":"Successful applicant must be notified","content":"### sec.227 Successful applicant must be notified\n\nIf the Minister provisionally grants a mining lease under section 225 or 231 , the Minister must give the provisional holder—\nthe tenure; and\nnotice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given—\ngives the Minister a written acceptance of the grant; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 ; and\nif the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 221 (1) (d) .\nThe tenure must specify—\nthe sub-blocks covered by the tenure; and\nthe term of the tenure; and\nthe tenure conditions.\nFor the term of a tenure see section 217 (2) .\n(sec.227-ssec.1) If the Minister provisionally grants a mining lease under section 225 or 231 , the Minister must give the provisional holder— the tenure; and notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 ; and if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 221 (1) (d) .\n(sec.227-ssec.2) The tenure must specify— the sub-blocks covered by the tenure; and the term of the tenure; and the tenure conditions. For the term of a tenure see section 217 (2) .\n- (a) the tenure; and\n- (b) notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given— (i) gives the Minister a written acceptance of the grant; and (ii) lodges any security required under section 399 ; and (iii) pays the fee that must be paid for the tenure under section 425 ; and (iv) if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 221 (1) (d) .\n- (i) gives the Minister a written acceptance of the grant; and\n- (ii) lodges any security required under section 399 ; and\n- (iii) pays the fee that must be paid for the tenure under section 425 ; and\n- (iv) if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 221 (1) (d) .\n- (i) gives the Minister a written acceptance of the grant; and\n- (ii) lodges any security required under section 399 ; and\n- (iii) pays the fee that must be paid for the tenure under section 425 ; and\n- (iv) if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 221 (1) (d) .\n- (a) the sub-blocks covered by the tenure; and\n- (b) the term of the tenure; and\n- (c) the tenure conditions.","sortOrder":251},{"sectionNumber":"sec.228","sectionType":"section","heading":"Acceptance of grant of mining lease over tender sub-blocks","content":"### sec.228 Acceptance of grant of mining lease over tender sub-blocks\n\nThe provisional grant of a mining lease is properly accepted by the provisional holder if, within 30 days after the day on which the provisional holder is given notice under section 227 , the provisional holder—\ngives the Minister a written acceptance of the grant; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 ; and\nif the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 221 (1) (d) .\nUnder section 232 , the grant of the tenure can not be effective before it is registered (see section 333 for registration).\n- (a) gives the Minister a written acceptance of the grant; and\n- (b) lodges any security required under section 399 ; and\n- (c) pays the fee that must be paid for the tenure under section 425 ; and\n- (d) if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 221 (1) (d) .","sortOrder":252},{"sectionNumber":"sec.229","sectionType":"section","heading":"Conditions applicable to tenure on grant","content":"### sec.229 Conditions applicable to tenure on grant\n\nIf the provisional grant of the tenure is properly accepted, the tenure is subject to the conditions decided under section 217 .","sortOrder":253},{"sectionNumber":"sec.230","sectionType":"section","heading":"Lapse of provisional grant of mining lease","content":"### sec.230 Lapse of provisional grant of mining lease\n\nIf the provisional grant of the tenure is not properly accepted under section 228 , the provisional grant lapses.","sortOrder":254},{"sectionNumber":"sec.231","sectionType":"section","heading":"Provisional grant to next applicant if grant lapses","content":"### sec.231 Provisional grant to next applicant if grant lapses\n\nIf the provisional grant of the tenure lapses under section 230 , the Minister may provisionally grant the tenure to another of the applicants for the tenure.\nWhen provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 218 .\n(sec.231-ssec.1) If the provisional grant of the tenure lapses under section 230 , the Minister may provisionally grant the tenure to another of the applicants for the tenure.\n(sec.231-ssec.2) When provisionally granting a tenure under subsection (1) , the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 218 .","sortOrder":255},{"sectionNumber":"ch.2-pt.2.4-div.4","sectionType":"division","heading":"Duration of mining lease","content":"## Duration of mining lease","sortOrder":256},{"sectionNumber":"sec.232","sectionType":"section","heading":"Initial term of mining lease","content":"### sec.232 Initial term of mining lease\n\nA mining lease comes into force on—\nthe day on which the grant of the tenure is registered; or\nif a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\nThe initial term of a mining lease ends—\nif the tenure is granted under division 2 —at the end of the period specified in the tenure under section 209 (1) ; or\nif the tenure is granted under division 3 —at the end of the period specified under section 227 (2) .\nThe tenure may be surrendered at any time (see section 264 ).\nThe period runs from—\nthe day on which the tenure is provisionally granted; or\nif a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—that specified day.\n(sec.232-ssec.1) A mining lease comes into force on— the day on which the grant of the tenure is registered; or if a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\n(sec.232-ssec.2) The initial term of a mining lease ends— if the tenure is granted under division 2 —at the end of the period specified in the tenure under section 209 (1) ; or if the tenure is granted under division 3 —at the end of the period specified under section 227 (2) . The tenure may be surrendered at any time (see section 264 ).\n(sec.232-ssec.3) The period runs from— the day on which the tenure is provisionally granted; or if a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—that specified day.\n- (a) the day on which the grant of the tenure is registered; or\n- (b) if a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\n- (a) if the tenure is granted under division 2 —at the end of the period specified in the tenure under section 209 (1) ; or\n- (b) if the tenure is granted under division 3 —at the end of the period specified under section 227 (2) .\n- (a) the day on which the tenure is provisionally granted; or\n- (b) if a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—that specified day.","sortOrder":257},{"sectionNumber":"sec.233","sectionType":"section","heading":"Term of renewal of tenure","content":"### sec.233 Term of renewal of tenure\n\nA renewal of a mining lease comes into force on the later of the following days—\nthe day on which the renewal is registered;\nthe day on which the previous term of the tenure expires.\nSee division 6 for renewal.\nThe term of a renewal of a tenure ends at the end of the period specified in the notice under section 246 .\nFor the maximum term of renewal see section 246 (3) .\nThe tenure may be surrendered at any time (see section 264 ).\nThe period runs from the day on which the previous term of the tenure expires.\nIn working out the period referred to in subsection (3) , section 234 must be disregarded.\n(sec.233-ssec.1) A renewal of a mining lease comes into force on the later of the following days— the day on which the renewal is registered; the day on which the previous term of the tenure expires. See division 6 for renewal.\n(sec.233-ssec.2) The term of a renewal of a tenure ends at the end of the period specified in the notice under section 246 . For the maximum term of renewal see section 246 (3) . The tenure may be surrendered at any time (see section 264 ).\n(sec.233-ssec.3) The period runs from the day on which the previous term of the tenure expires.\n(sec.233-ssec.4) In working out the period referred to in subsection (3) , section 234 must be disregarded.\n- (a) the day on which the renewal is registered;\n- (b) the day on which the previous term of the tenure expires.","sortOrder":258},{"sectionNumber":"sec.234","sectionType":"section","heading":"Effect of application for renewal on term of mining lease","content":"### sec.234 Effect of application for renewal on term of mining lease\n\nIf—\na mining lease holder applies to renew the tenure under section 236 ; and\nthe current term of the tenure expires; and\na renewal of the tenure does not take effect immediately after the current term expires;\nthe tenure remains in force after the current term expires until—\na renewal of the tenure takes effect; or\na provisional renewal of the tenure lapses; or\nthe application for renewal is withdrawn or refused.\n(sec.234-ssec.1) If— a mining lease holder applies to renew the tenure under section 236 ; and the current term of the tenure expires; and a renewal of the tenure does not take effect immediately after the current term expires; the tenure remains in force after the current term expires until— a renewal of the tenure takes effect; or a provisional renewal of the tenure lapses; or the application for renewal is withdrawn or refused.\n- (a) a mining lease holder applies to renew the tenure under section 236 ; and\n- (b) the current term of the tenure expires; and\n- (c) a renewal of the tenure does not take effect immediately after the current term expires;\n- (d) a renewal of the tenure takes effect; or\n- (e) a provisional renewal of the tenure lapses; or\n- (f) the application for renewal is withdrawn or refused.","sortOrder":259},{"sectionNumber":"ch.2-pt.2.4-div.5","sectionType":"division","heading":"Voluntary surrender of part of mining lease area","content":"## Voluntary surrender of part of mining lease area","sortOrder":260},{"sectionNumber":"sec.235","sectionType":"section","heading":"Voluntary surrender of sub-blocks if discrete area remains","content":"### sec.235 Voluntary surrender of sub-blocks if discrete area remains\n\nA mining lease holder may surrender a sub-block or some of the sub-blocks covered by the tenure if the remaining sub-blocks in the tenure area form a discrete area.\nSee section 264 for the surrender of the whole tenure.\nA surrender under subsection (1) must—\nbe made in writing; and\nidentify the sub-blocks surrendered; and\nbe given to the Minister.\nThe surrender takes effect when it is registered under section 337 (see section 337 (5) ).\n(sec.235-ssec.1) A mining lease holder may surrender a sub-block or some of the sub-blocks covered by the tenure if the remaining sub-blocks in the tenure area form a discrete area. See section 264 for the surrender of the whole tenure.\n(sec.235-ssec.2) A surrender under subsection (1) must— be made in writing; and identify the sub-blocks surrendered; and be given to the Minister. The surrender takes effect when it is registered under section 337 (see section 337 (5) ).\n- (a) be made in writing; and\n- (b) identify the sub-blocks surrendered; and\n- (c) be given to the Minister.","sortOrder":261},{"sectionNumber":"ch.2-pt.2.4-div.6","sectionType":"division","heading":"Application for and grant of renewal of mining lease","content":"## Application for and grant of renewal of mining lease","sortOrder":262},{"sectionNumber":"sec.236","sectionType":"section","heading":"Application for renewal of mining lease","content":"### sec.236 Application for renewal of mining lease\n\nA mining lease holder may apply to the Minister to renew the tenure.\nAt each renewal, the tenure conditions are reviewed (see section 254 ).","sortOrder":263},{"sectionNumber":"sec.237","sectionType":"section","heading":"When application to be made","content":"### sec.237 When application to be made\n\nSubject to subsection (2) , the application must be made at least 6 months before the day on which the tenure is to expire.\nThe Minister may accept an application that is made later than 6 months before the day on which the tenure is to expire if—\nthe application is made before the day on which the tenure expires; and\nthe Minister believes that there are reasonable grounds for accepting the application.\n(sec.237-ssec.1) Subject to subsection (2) , the application must be made at least 6 months before the day on which the tenure is to expire.\n(sec.237-ssec.2) The Minister may accept an application that is made later than 6 months before the day on which the tenure is to expire if— the application is made before the day on which the tenure expires; and the Minister believes that there are reasonable grounds for accepting the application.\n- (a) the application is made before the day on which the tenure expires; and\n- (b) the Minister believes that there are reasonable grounds for accepting the application.","sortOrder":264},{"sectionNumber":"sec.238","sectionType":"section","heading":"How to apply for renewal","content":"### sec.238 How to apply for renewal\n\nThe application must—\nbe made in accordance with the approved form; and\nbe made in the approved way; and\ninclude details of—\nthe activities carried out by the applicant under the tenure during its current term; and\nthe amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\nthe activities that the applicant intends to carry out under the tenure during the term applied for; and\nthe amount of money that the applicant intends to spend in relation to activities authorised by the tenure during the term applied for.\nFor paragraphs (a) and (b) see section 41 .\nThe applicant may include in the application any other information that the applicant considers relevant.\n(sec.238-ssec.1) The application must— be made in accordance with the approved form; and be made in the approved way; and include details of— the activities carried out by the applicant under the tenure during its current term; and the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and the activities that the applicant intends to carry out under the tenure during the term applied for; and the amount of money that the applicant intends to spend in relation to activities authorised by the tenure during the term applied for. For paragraphs (a) and (b) see section 41 .\n(sec.238-ssec.2) The applicant may include in the application any other information that the applicant considers relevant.\n- (a) be made in accordance with the approved form; and\n- (b) be made in the approved way; and\n- (c) include details of— (i) the activities carried out by the applicant under the tenure during its current term; and (ii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and (iii) the activities that the applicant intends to carry out under the tenure during the term applied for; and (iv) the amount of money that the applicant intends to spend in relation to activities authorised by the tenure during the term applied for.\n- (i) the activities carried out by the applicant under the tenure during its current term; and\n- (ii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\n- (iii) the activities that the applicant intends to carry out under the tenure during the term applied for; and\n- (iv) the amount of money that the applicant intends to spend in relation to activities authorised by the tenure during the term applied for.\n- (i) the activities carried out by the applicant under the tenure during its current term; and\n- (ii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\n- (iii) the activities that the applicant intends to carry out under the tenure during the term applied for; and\n- (iv) the amount of money that the applicant intends to spend in relation to activities authorised by the tenure during the term applied for.","sortOrder":265},{"sectionNumber":"sec.239","sectionType":"section","heading":"Request for further information","content":"### sec.239 Request for further information\n\nThe Minister may ask the applicant to provide further information about the application.\nThe request must—\nbe in writing; and\nbe given to the applicant; and\nspecify the time within which the information must be provided.\nInformation requested under subsection (1) must be provided—\nin writing; and\nwithin the time specified in the request.\n(sec.239-ssec.1) The Minister may ask the applicant to provide further information about the application.\n(sec.239-ssec.2) The request must— be in writing; and be given to the applicant; and specify the time within which the information must be provided.\n(sec.239-ssec.3) Information requested under subsection (1) must be provided— in writing; and within the time specified in the request.\n- (a) be in writing; and\n- (b) be given to the applicant; and\n- (c) specify the time within which the information must be provided.\n- (a) in writing; and\n- (b) within the time specified in the request.","sortOrder":266},{"sectionNumber":"sec.240","sectionType":"section","heading":"Payment of fee","content":"### sec.240 Payment of fee\n\nThe applicant must pay the application fee prescribed under a regulation.\nThe fee must be paid when the application is made.\nThe Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.\n(sec.240-ssec.1) The applicant must pay the application fee prescribed under a regulation.\n(sec.240-ssec.2) The fee must be paid when the application is made.\n(sec.240-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.","sortOrder":267},{"sectionNumber":"sec.241","sectionType":"section","heading":"Section number not used","content":"### sec.241 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":268},{"sectionNumber":"sec.242","sectionType":"section","heading":"Provisional renewal of mining lease","content":"### sec.242 Provisional renewal of mining lease\n\nThe Minister may—\nprovisionally renew the tenure; or\nsubject to section 245 , refuse to renew the tenure.\nUnder section 233 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration). The renewal will not be registered until it has been properly accepted (see section 250 for proper acceptance ).\nUnder section 254 , new conditions may be imposed on renewal.\n- (a) provisionally renew the tenure; or\n- (b) subject to section 245 , refuse to renew the tenure.","sortOrder":269},{"sectionNumber":"sec.243","sectionType":"section","heading":"Section number not used","content":"### sec.243 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":270},{"sectionNumber":"sec.244","sectionType":"section","heading":"Matters that may be taken into account","content":"### sec.244 Matters that may be taken into account\n\nIn deciding whether to renew a mining lease, the Minister may have regard to whether the applicant has complied with—\nthis Act; and\nthe regulations; and\nany tenure conditions.\n- (a) this Act; and\n- (b) the regulations; and\n- (c) any tenure conditions.","sortOrder":271},{"sectionNumber":"sec.245","sectionType":"section","heading":"Refusal of application for renewal","content":"### sec.245 Refusal of application for renewal\n\nIf the Minister proposes to refuse to renew the tenure, the Minister must give the applicant notice of the proposed refusal.\nThe notice must—\nspecify the reason for the proposed refusal; and\ninvite the holder to make written submissions about the proposed refusal; and\nspecify the day by which submissions may be given to the Minister; and\nspecify an address where submissions are to be lodged.\nThe day specified under subsection (2) (c) must be not less than 30 days after the day on which the notice is given.\nThe Minister may refuse to grant the application only if—\nthe holder has been given a notice under subsection (1) ; and\nthe Minister has considered any submission made by the applicant; and\nthe Minister is satisfied that no special circumstances exist that justify the renewal being granted.\n(sec.245-ssec.1) If the Minister proposes to refuse to renew the tenure, the Minister must give the applicant notice of the proposed refusal.\n(sec.245-ssec.2) The notice must— specify the reason for the proposed refusal; and invite the holder to make written submissions about the proposed refusal; and specify the day by which submissions may be given to the Minister; and specify an address where submissions are to be lodged.\n(sec.245-ssec.3) The day specified under subsection (2) (c) must be not less than 30 days after the day on which the notice is given.\n(sec.245-ssec.4) The Minister may refuse to grant the application only if— the holder has been given a notice under subsection (1) ; and the Minister has considered any submission made by the applicant; and the Minister is satisfied that no special circumstances exist that justify the renewal being granted.\n- (a) specify the reason for the proposed refusal; and\n- (b) invite the holder to make written submissions about the proposed refusal; and\n- (c) specify the day by which submissions may be given to the Minister; and\n- (d) specify an address where submissions are to be lodged.\n- (a) the holder has been given a notice under subsection (1) ; and\n- (b) the Minister has considered any submission made by the applicant; and\n- (c) the Minister is satisfied that no special circumstances exist that justify the renewal being granted.","sortOrder":272},{"sectionNumber":"sec.246","sectionType":"section","heading":"Applicant must be notified","content":"### sec.246 Applicant must be notified\n\nThe Minister must give the applicant notice of the Minister’s decision under section 242 .\nIf the Minister provisionally renews the tenure under section 242 , the notice must contain notification—\nof the term of the renewal; and\nof the conditions of the renewed tenure; and\nof any decision under section 399 that the applicant must lodge a security or a further security; and\nthat the provisional renewal will lapse unless the applicant, before the end of the primary payment period—\ngives the Minister a written acceptance of the renewal; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the renewal under section 425 .\nSection 254 provides for renewals to be granted subject to conditions.\nThe term specified under subsection (2) (a) must not be more than 21 years.\n(sec.246-ssec.1) The Minister must give the applicant notice of the Minister’s decision under section 242 .\n(sec.246-ssec.2) If the Minister provisionally renews the tenure under section 242 , the notice must contain notification— of the term of the renewal; and of the conditions of the renewed tenure; and of any decision under section 399 that the applicant must lodge a security or a further security; and that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— gives the Minister a written acceptance of the renewal; and lodges any security required under section 399 ; and pays the fee that must be paid for the renewal under section 425 . Section 254 provides for renewals to be granted subject to conditions.\n(sec.246-ssec.3) The term specified under subsection (2) (a) must not be more than 21 years.\n- (a) of the term of the renewal; and\n- (b) of the conditions of the renewed tenure; and\n- (c) of any decision under section 399 that the applicant must lodge a security or a further security; and\n- (d) that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— (i) gives the Minister a written acceptance of the renewal; and (ii) lodges any security required under section 399 ; and (iii) pays the fee that must be paid for the renewal under section 425 .\n- (i) gives the Minister a written acceptance of the renewal; and\n- (ii) lodges any security required under section 399 ; and\n- (iii) pays the fee that must be paid for the renewal under section 425 .\n- (i) gives the Minister a written acceptance of the renewal; and\n- (ii) lodges any security required under section 399 ; and\n- (iii) pays the fee that must be paid for the renewal under section 425 .","sortOrder":273},{"sectionNumber":"sec.247","sectionType":"section","heading":"Amendment of conditions","content":"### sec.247 Amendment of conditions\n\nIf the tenure holder—\nhas been provisionally granted a renewal of the tenure under section 242 ; and\nis notified of the tenure conditions; and\nis dissatisfied with the conditions;\nthe holder may ask the Minister to amend the conditions.\nThe request must be made within 30 days after the day on which the holder is given notice under section 246 .\nIf a request is made under subsection (1) , the Minister may amend the tenure conditions and, with the consent of the holder, otherwise amend the conditions.\nThe Minister must give the holder notice of a decision under this section.\n(sec.247-ssec.1) If the tenure holder— has been provisionally granted a renewal of the tenure under section 242 ; and is notified of the tenure conditions; and is dissatisfied with the conditions; the holder may ask the Minister to amend the conditions.\n(sec.247-ssec.2) The request must be made within 30 days after the day on which the holder is given notice under section 246 .\n(sec.247-ssec.3) If a request is made under subsection (1) , the Minister may amend the tenure conditions and, with the consent of the holder, otherwise amend the conditions.\n(sec.247-ssec.4) The Minister must give the holder notice of a decision under this section.\n- (a) has been provisionally granted a renewal of the tenure under section 242 ; and\n- (b) is notified of the tenure conditions; and\n- (c) is dissatisfied with the conditions;","sortOrder":274},{"sectionNumber":"sec.248","sectionType":"section","heading":"Amendment of security requirements","content":"### sec.248 Amendment of security requirements\n\nIf the tenure holder—\nhas been provisionally granted a renewal of the tenure under section 242 ; and\nis notified of a security requirement for the tenure; and\nis dissatisfied with the amount of the security required;\nthe holder may ask the Minister to make a new decision under section 399 .\nThe request must be made within 30 days after the day on which the holder is given notice under section 246 .\nIf a request is made under subsection (1) , the Minister may make a new decision under section 399 .\nThe Minister must give the holder notice of the new decision.\n(sec.248-ssec.1) If the tenure holder— has been provisionally granted a renewal of the tenure under section 242 ; and is notified of a security requirement for the tenure; and is dissatisfied with the amount of the security required; the holder may ask the Minister to make a new decision under section 399 .\n(sec.248-ssec.2) The request must be made within 30 days after the day on which the holder is given notice under section 246 .\n(sec.248-ssec.3) If a request is made under subsection (1) , the Minister may make a new decision under section 399 .\n(sec.248-ssec.4) The Minister must give the holder notice of the new decision.\n- (a) has been provisionally granted a renewal of the tenure under section 242 ; and\n- (b) is notified of a security requirement for the tenure; and\n- (c) is dissatisfied with the amount of the security required;","sortOrder":275},{"sectionNumber":"sec.249","sectionType":"section","heading":"Extension of primary payment period","content":"### sec.249 Extension of primary payment period\n\nIf the tenure holder makes a request under section 247 or 248 , the holder may ask the Minister to extend the primary payment period.\nThe request must be made within 30 days after the day on which the holder is given notice under section 246 .\nIf the Minister agrees to the request, the Minister must—\ndecide the period of the extension; and\ngive the holder a notice informing the holder of the period of the extension.\n(sec.249-ssec.1) If the tenure holder makes a request under section 247 or 248 , the holder may ask the Minister to extend the primary payment period.\n(sec.249-ssec.2) The request must be made within 30 days after the day on which the holder is given notice under section 246 .\n(sec.249-ssec.3) If the Minister agrees to the request, the Minister must— decide the period of the extension; and give the holder a notice informing the holder of the period of the extension.\n- (a) decide the period of the extension; and\n- (b) give the holder a notice informing the holder of the period of the extension.","sortOrder":276},{"sectionNumber":"sec.250","sectionType":"section","heading":"Acceptance of renewal of mining lease","content":"### sec.250 Acceptance of renewal of mining lease\n\nThe provisional renewal of a mining lease is properly accepted by the tenure holder if, before the required time, the holder—\ngives the Minister a written acceptance of the renewal; and\nlodges any security required under section 399 ; and\npays the fee that must be paid under section 425 .\nThe required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 249 , the end of the secondary payment period.\nUnder section 233 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration).\n(sec.250-ssec.1) The provisional renewal of a mining lease is properly accepted by the tenure holder if, before the required time, the holder— gives the Minister a written acceptance of the renewal; and lodges any security required under section 399 ; and pays the fee that must be paid under section 425 .\n(sec.250-ssec.2) The required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 249 , the end of the secondary payment period. Under section 233 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration).\n- (a) gives the Minister a written acceptance of the renewal; and\n- (b) lodges any security required under section 399 ; and\n- (c) pays the fee that must be paid under section 425 .","sortOrder":277},{"sectionNumber":"sec.251","sectionType":"section","heading":"Conditions applicable to tenure on renewal","content":"### sec.251 Conditions applicable to tenure on renewal\n\nIf the provisional renewal is properly accepted under section 250 , the renewed tenure is subject to—\nthe conditions specified in the notice given to the tenure holder under section 246 ; or\nif the Minister amended those conditions under section 247 —those conditions as amended.\n- (a) the conditions specified in the notice given to the tenure holder under section 246 ; or\n- (b) if the Minister amended those conditions under section 247 —those conditions as amended.","sortOrder":278},{"sectionNumber":"sec.252","sectionType":"section","heading":"Lapse of provisional renewal of mining lease","content":"### sec.252 Lapse of provisional renewal of mining lease\n\nIf the provisional renewal of a mining lease is not properly accepted under section 250 , the provisional renewal lapses.","sortOrder":279},{"sectionNumber":"ch.2-pt.2.4-div.7","sectionType":"division","heading":"Obligations associated with mining lease","content":"## Obligations associated with mining lease","sortOrder":280},{"sectionNumber":"sec.253","sectionType":"section","heading":"General","content":"### sec.253 General\n\nThe sources of obligations associated with a mining lease are—\nthe tenure conditions; and\nobligations arising from directions under section 387 or 392 given by the Minister; and\nobligations imposed by this Act and the regulations.\nFor paragraph (a) see sections 254 to 256 . For paragraph (c) see sections 44 , 259 to 262 , 372 and 391 (1) .\nIf a mining lease has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the tenure.\n(sec.253-ssec.1) The sources of obligations associated with a mining lease are— the tenure conditions; and obligations arising from directions under section 387 or 392 given by the Minister; and obligations imposed by this Act and the regulations. For paragraph (a) see sections 254 to 256 . For paragraph (c) see sections 44 , 259 to 262 , 372 and 391 (1) .\n(sec.253-ssec.2) If a mining lease has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the tenure.\n- (a) the tenure conditions; and\n- (b) obligations arising from directions under section 387 or 392 given by the Minister; and\n- (c) obligations imposed by this Act and the regulations.","sortOrder":281},{"sectionNumber":"sec.254","sectionType":"section","heading":"Conditions of mining lease","content":"### sec.254 Conditions of mining lease\n\nThe Minister may grant or renew a mining lease subject to whatever conditions the Minister considers appropriate.\nIf the Minister grants or renews a mining lease subject to conditions, the conditions must be specified in the tenure.\nWithout limiting subsection (1) , the Minister may attach conditions to the grant or renewal of a mining lease requiring the tenure holder to do the following types of things—\ntake out insurance as required by the Minister;\ncarry out certain work in or in relation to the tenure area during the term of the tenure;\nlodge a security with the Minister;\nkeep specified information;\ngive to the Minister, on request, specified information;\ntake steps to protect the environment of the tenure area, including conditions about—\nprotecting wildlife; or\nminimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\nrepair any damage to the environment caused by activities in the tenure area;\npay a specified penalty to the State if the holder does not comply with a tenure condition.\nA condition under subsection (3) (c) must specify—\nthe amount of the security required; and\nthe kind of security required; and\nthe way and the form in which the security is to be lodged.\nWithout limiting subsection (3) (c) , a condition under that provision may require the lodgment of a security in the form of a guarantee and, if a guarantee is required, the condition may specify—\nthe kind of person who is to give the guarantee; and\nthe terms of the guarantee.\n(sec.254-ssec.1) The Minister may grant or renew a mining lease subject to whatever conditions the Minister considers appropriate.\n(sec.254-ssec.2) If the Minister grants or renews a mining lease subject to conditions, the conditions must be specified in the tenure.\n(sec.254-ssec.3) Without limiting subsection (1) , the Minister may attach conditions to the grant or renewal of a mining lease requiring the tenure holder to do the following types of things— take out insurance as required by the Minister; carry out certain work in or in relation to the tenure area during the term of the tenure; lodge a security with the Minister; keep specified information; give to the Minister, on request, specified information; take steps to protect the environment of the tenure area, including conditions about— protecting wildlife; or minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area; repair any damage to the environment caused by activities in the tenure area; pay a specified penalty to the State if the holder does not comply with a tenure condition.\n(sec.254-ssec.4) A condition under subsection (3) (c) must specify— the amount of the security required; and the kind of security required; and the way and the form in which the security is to be lodged.\n(sec.254-ssec.5) Without limiting subsection (3) (c) , a condition under that provision may require the lodgment of a security in the form of a guarantee and, if a guarantee is required, the condition may specify— the kind of person who is to give the guarantee; and the terms of the guarantee.\n- (a) take out insurance as required by the Minister;\n- (b) carry out certain work in or in relation to the tenure area during the term of the tenure;\n- (c) lodge a security with the Minister;\n- (d) keep specified information;\n- (e) give to the Minister, on request, specified information;\n- (f) take steps to protect the environment of the tenure area, including conditions about— (i) protecting wildlife; or (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\n- (i) protecting wildlife; or\n- (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\n- (g) repair any damage to the environment caused by activities in the tenure area;\n- (h) pay a specified penalty to the State if the holder does not comply with a tenure condition.\n- (i) protecting wildlife; or\n- (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure area of activities carried out in the tenure area;\n- (a) the amount of the security required; and\n- (b) the kind of security required; and\n- (c) the way and the form in which the security is to be lodged.\n- (a) the kind of person who is to give the guarantee; and\n- (b) the terms of the guarantee.","sortOrder":282},{"sectionNumber":"sec.255","sectionType":"section","heading":"No conditions requiring payment of money","content":"### sec.255 No conditions requiring payment of money\n\nExcept for a condition requiring the payment of a penalty or lodgment of security, a tenure condition must not require the payment of money to the State.","sortOrder":283},{"sectionNumber":"sec.256","sectionType":"section","heading":"Variation of conditions","content":"### sec.256 Variation of conditions\n\nIf—\na mining lease holder requests the Minister in writing to vary the tenure conditions; or\npart of the tenure area of a mining lease is surrendered under section 235 ;\nthe Minister may vary the tenure conditions.\nIf the Minister gives—\na direction under section 387 ; or\nan approval, consent or exemption under a regulation;\nto a mining lease holder, the Minister may vary the tenure conditions to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\nThe Minister may vary the tenure conditions subject to whatever conditions the Minister considers appropriate.\nIf the Minister varies the tenure conditions, the Minister must give the tenure holder a notice that—\ninforms the holder of the variation; and\nspecifies the conditions that have been varied; and\nspecifies any conditions to which the variation is subject.\n(sec.256-ssec.1) If— a mining lease holder requests the Minister in writing to vary the tenure conditions; or part of the tenure area of a mining lease is surrendered under section 235 ; the Minister may vary the tenure conditions.\n(sec.256-ssec.2) If the Minister gives— a direction under section 387 ; or an approval, consent or exemption under a regulation; to a mining lease holder, the Minister may vary the tenure conditions to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\n(sec.256-ssec.3) The Minister may vary the tenure conditions subject to whatever conditions the Minister considers appropriate.\n(sec.256-ssec.4) If the Minister varies the tenure conditions, the Minister must give the tenure holder a notice that— informs the holder of the variation; and specifies the conditions that have been varied; and specifies any conditions to which the variation is subject.\n- (a) a mining lease holder requests the Minister in writing to vary the tenure conditions; or\n- (b) part of the tenure area of a mining lease is surrendered under section 235 ;\n- (a) a direction under section 387 ; or\n- (b) an approval, consent or exemption under a regulation;\n- (a) informs the holder of the variation; and\n- (b) specifies the conditions that have been varied; and\n- (c) specifies any conditions to which the variation is subject.","sortOrder":284},{"sectionNumber":"sec.257","sectionType":"section","heading":"Exemption from or suspension of conditions","content":"### sec.257 Exemption from or suspension of conditions\n\nIf—\na mining lease holder requests the Minister in writing to—\nsuspend a tenure condition; or\nexempt the holder from complying with a tenure condition; or\npart of the tenure area of a mining lease is surrendered under section 235 ;\nthe Minister may—\nsuspend a tenure condition; or\nexempt the holder from complying with a tenure condition.\nIf the Minister gives—\na direction under section 387 ; or\nan approval, consent or exemption under a regulation;\nto a mining lease holder, the Minister may suspend a tenure condition, or exempt the holder from compliance with a tenure condition, to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\nThe Minister may—\nsuspend a tenure condition; or\nexempt the tenure holder from complying with a tenure condition;\nsubject to whatever conditions the Minister considers appropriate.\nIf the Minister—\nsuspends a tenure condition; or\nexempts the tenure holder from complying with a tenure condition;\nthe Minister must give the holder a notice that—\ninforms the holder of the exemption or suspension; and\nspecifies the conditions that have been suspended or affected by the exemption; and\nspecifies any conditions to which the suspension or exemption is subject.\nA suspension or exemption of a condition does not take effect until registered (see section 337 ).\n(sec.257-ssec.1) If— a mining lease holder requests the Minister in writing to— suspend a tenure condition; or exempt the holder from complying with a tenure condition; or part of the tenure area of a mining lease is surrendered under section 235 ; the Minister may— suspend a tenure condition; or exempt the holder from complying with a tenure condition.\n(sec.257-ssec.2) If the Minister gives— a direction under section 387 ; or an approval, consent or exemption under a regulation; to a mining lease holder, the Minister may suspend a tenure condition, or exempt the holder from compliance with a tenure condition, to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\n(sec.257-ssec.3) The Minister may— suspend a tenure condition; or exempt the tenure holder from complying with a tenure condition; subject to whatever conditions the Minister considers appropriate.\n(sec.257-ssec.4) If the Minister— suspends a tenure condition; or exempts the tenure holder from complying with a tenure condition; the Minister must give the holder a notice that— informs the holder of the exemption or suspension; and specifies the conditions that have been suspended or affected by the exemption; and specifies any conditions to which the suspension or exemption is subject. A suspension or exemption of a condition does not take effect until registered (see section 337 ).\n- (a) a mining lease holder requests the Minister in writing to— (i) suspend a tenure condition; or (ii) exempt the holder from complying with a tenure condition; or\n- (i) suspend a tenure condition; or\n- (ii) exempt the holder from complying with a tenure condition; or\n- (b) part of the tenure area of a mining lease is surrendered under section 235 ;\n- (i) suspend a tenure condition; or\n- (ii) exempt the holder from complying with a tenure condition; or\n- (c) suspend a tenure condition; or\n- (d) exempt the holder from complying with a tenure condition.\n- (a) a direction under section 387 ; or\n- (b) an approval, consent or exemption under a regulation;\n- (a) suspend a tenure condition; or\n- (b) exempt the tenure holder from complying with a tenure condition;\n- (a) suspends a tenure condition; or\n- (b) exempts the tenure holder from complying with a tenure condition;\n- (c) informs the holder of the exemption or suspension; and\n- (d) specifies the conditions that have been suspended or affected by the exemption; and\n- (e) specifies any conditions to which the suspension or exemption is subject.","sortOrder":285},{"sectionNumber":"sec.258","sectionType":"section","heading":"Automatic suspension of conditions if tenure rights are suspended","content":"### sec.258 Automatic suspension of conditions if tenure rights are suspended\n\nIf—\nthe Minister suspends particular rights conferred by a mining lease under section 195 ; and\na tenure condition is affected by the suspension;\nthe tenure condition is suspended for the period of the suspension of the rights.\n- (a) the Minister suspends particular rights conferred by a mining lease under section 195 ; and\n- (b) a tenure condition is affected by the suspension;","sortOrder":286},{"sectionNumber":"sec.259","sectionType":"section","heading":"Work practices","content":"### sec.259 Work practices\n\nA person who is a mining lease holder or an associate of the holder, in carrying out activities in the tenure area that are authorised by the tenure, must take all reasonable steps—\nto ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\nto maintain in good repair all structures and equipment erected in, or brought into, the tenure area by the person; and\nto remove from the tenure area any structure, equipment or other property that—\nbelongs to the person, or is under the person’s control; and\nis not being used, or is not going to be used, in connection with the activities.\nMaximum penalty—267 penalty units.\nThe safety of offshore exploration activities is governed by the Mining and Quarrying Safety and Health Act 1999 —see the definition mine in section 9 of that Act.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\ns 259 amd 2013 No. 51 s 229 sch 1\n- (a) to ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\n- (b) to maintain in good repair all structures and equipment erected in, or brought into, the tenure area by the person; and\n- (c) to remove from the tenure area any structure, equipment or other property that— (i) belongs to the person, or is under the person’s control; and (ii) is not being used, or is not going to be used, in connection with the activities.\n- (i) belongs to the person, or is under the person’s control; and\n- (ii) is not being used, or is not going to be used, in connection with the activities.\n- (i) belongs to the person, or is under the person’s control; and\n- (ii) is not being used, or is not going to be used, in connection with the activities.\n- 1 The safety of offshore exploration activities is governed by the Mining and Quarrying Safety and Health Act 1999 —see the definition mine in section 9 of that Act.\n- 2 If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.","sortOrder":287},{"sectionNumber":"sec.260","sectionType":"section","heading":"Tenure holder must pay royalty","content":"### sec.260 Tenure holder must pay royalty\n\nA mining lease holder must comply with part 4.4 , division 2 .","sortOrder":288},{"sectionNumber":"sec.261","sectionType":"section","heading":"Tenure holder must keep specified records","content":"### sec.261 Tenure holder must keep specified records\n\nA mining lease holder must—\nkeep whatever records and samples; and\ngive whatever records and samples to the Minister for inspection; and\nmake whatever returns;\nare necessary to comply with—\nthe regulations; or\nthe tenure conditions; or\na direction given by the Minister under section 387 .\nUnder section 386 and 387 the Minister may direct a person to keep records and samples, to give records and samples to the Minister, and to make returns.\nMaximum penalty—134 penalty units.\n- (a) keep whatever records and samples; and\n- (b) give whatever records and samples to the Minister for inspection; and\n- (c) make whatever returns;\n- (d) the regulations; or\n- (e) the tenure conditions; or\n- (f) a direction given by the Minister under section 387 .","sortOrder":289},{"sectionNumber":"sec.262","sectionType":"section","heading":"Tenure holder must help inspectors","content":"### sec.262 Tenure holder must help inspectors\n\nA mining lease holder must provide an inspector with reasonable facilities and help so that the inspector is able to carry out compliance inspections.\nSee sections 377 to 384 for compliance inspections.\nMaximum penalty—67 penalty units.","sortOrder":290},{"sectionNumber":"ch.2-pt.2.4-div.8","sectionType":"division","heading":"Expiry of mining lease","content":"## Expiry of mining lease","sortOrder":291},{"sectionNumber":"sec.263","sectionType":"section","heading":"General","content":"### sec.263 General\n\nA mining lease expires if—\nthe term of the tenure ends without the tenure being renewed; or\nthe tenure holder surrenders the tenure; or\nthe tenure is cancelled.\nFor paragraph (a) see division 6 . For paragraph (b) see section 264 . For paragraph (c) see section 265 .\n- (a) the term of the tenure ends without the tenure being renewed; or\n- (b) the tenure holder surrenders the tenure; or\n- (c) the tenure is cancelled.","sortOrder":292},{"sectionNumber":"sec.264","sectionType":"section","heading":"Voluntary surrender of mining lease","content":"### sec.264 Voluntary surrender of mining lease\n\nA mining lease holder may surrender the tenure.\nSee division 5 for voluntary surrender of part of a tenure area.\nThe surrender takes effect when it is registered under section 337 (see section 337 (5) ).","sortOrder":293},{"sectionNumber":"sec.265","sectionType":"section","heading":"Cancellation of mining lease","content":"### sec.265 Cancellation of mining lease\n\nSubject to subsection (5) , the Minister may cancel a mining lease if the tenure holder—\nbreaches a tenure condition; or\ncontravenes a provision of this Act or the regulations; or\nbreaches a condition attached to an approval under section 365 (2) .\nIf the Minister proposes to cancel a tenure under subsection (1) , the Minister must give the tenure holder a notice that informs the holder of the proposed cancellation.\nThe notice must—\nspecify the reason for the proposed cancellation; and\ninvite the holder to make submissions about the proposed cancellation; and\nspecify the day by which submissions may be made to the Minister; and\nspecify an address where submissions are to be lodged.\nThe day specified under subsection (3) (c) must be not less than 60 days after the day on which the notice is given.\nThe Minister may cancel the tenure only if—\nthe holder has been given a notice under subsection (2) ; and\nthe Minister has considered—\nany submission made by the holder as provided by the notice under subsection (3) ; and\nany steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\nthe Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n(sec.265-ssec.1) Subject to subsection (5) , the Minister may cancel a mining lease if the tenure holder— breaches a tenure condition; or contravenes a provision of this Act or the regulations; or breaches a condition attached to an approval under section 365 (2) .\n(sec.265-ssec.2) If the Minister proposes to cancel a tenure under subsection (1) , the Minister must give the tenure holder a notice that informs the holder of the proposed cancellation.\n(sec.265-ssec.3) The notice must— specify the reason for the proposed cancellation; and invite the holder to make submissions about the proposed cancellation; and specify the day by which submissions may be made to the Minister; and specify an address where submissions are to be lodged.\n(sec.265-ssec.4) The day specified under subsection (3) (c) must be not less than 60 days after the day on which the notice is given.\n(sec.265-ssec.5) The Minister may cancel the tenure only if— the holder has been given a notice under subsection (2) ; and the Minister has considered— any submission made by the holder as provided by the notice under subsection (3) ; and any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and the Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n- (a) breaches a tenure condition; or\n- (b) contravenes a provision of this Act or the regulations; or\n- (c) breaches a condition attached to an approval under section 365 (2) .\n- (a) specify the reason for the proposed cancellation; and\n- (b) invite the holder to make submissions about the proposed cancellation; and\n- (c) specify the day by which submissions may be made to the Minister; and\n- (d) specify an address where submissions are to be lodged.\n- (a) the holder has been given a notice under subsection (2) ; and\n- (b) the Minister has considered— (i) any submission made by the holder as provided by the notice under subsection (3) ; and (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\n- (i) any submission made by the holder as provided by the notice under subsection (3) ; and\n- (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\n- (c) the Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n- (i) any submission made by the holder as provided by the notice under subsection (3) ; and\n- (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and","sortOrder":294},{"sectionNumber":"sec.266","sectionType":"section","heading":"Obligations of former mining lease holders and former associates","content":"### sec.266 Obligations of former mining lease holders and former associates\n\nSubject to subsection (4) , if—\na person was—\na mining lease holder; or\nan associate of a mining lease holder; and\nthe tenure—\nexpires; or\nis cancelled; or\nis surrendered; and\nan obligation associated with the tenure arising out of—\na tenure condition; or\na direction given under section 387 ; or\nthis Act or the regulations;\nhas not been discharged; and\nthe person was bound by that obligation when the person was the tenure holder or an associate;\nthe person remains bound by the obligation until the obligation is discharged.\nSubsection (1) does not continue an obligation to carry out exploration or recovery activities.\nSubsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular way if the person carries them out.\nThe Minister may decide that the person is not subject to—\na particular obligation under this section; or\nall the person’s remaining obligations under this section.\nA decision under subsection (4) must be in writing.\n(sec.266-ssec.1) Subject to subsection (4) , if— a person was— a mining lease holder; or an associate of a mining lease holder; and the tenure— expires; or is cancelled; or is surrendered; and an obligation associated with the tenure arising out of— a tenure condition; or a direction given under section 387 ; or this Act or the regulations; has not been discharged; and the person was bound by that obligation when the person was the tenure holder or an associate; the person remains bound by the obligation until the obligation is discharged.\n(sec.266-ssec.2) Subsection (1) does not continue an obligation to carry out exploration or recovery activities.\n(sec.266-ssec.3) Subsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular way if the person carries them out.\n(sec.266-ssec.4) The Minister may decide that the person is not subject to— a particular obligation under this section; or all the person’s remaining obligations under this section.\n(sec.266-ssec.5) A decision under subsection (4) must be in writing.\n- (a) a person was— (i) a mining lease holder; or (ii) an associate of a mining lease holder; and\n- (i) a mining lease holder; or\n- (ii) an associate of a mining lease holder; and\n- (b) the tenure— (i) expires; or (ii) is cancelled; or (iii) is surrendered; and\n- (i) expires; or\n- (ii) is cancelled; or\n- (iii) is surrendered; and\n- (c) an obligation associated with the tenure arising out of— (i) a tenure condition; or (ii) a direction given under section 387 ; or (iii) this Act or the regulations;\n- (i) a tenure condition; or\n- (ii) a direction given under section 387 ; or\n- (iii) this Act or the regulations;\n- (i) a mining lease holder; or\n- (ii) an associate of a mining lease holder; and\n- (i) expires; or\n- (ii) is cancelled; or\n- (iii) is surrendered; and\n- (i) a tenure condition; or\n- (ii) a direction given under section 387 ; or\n- (iii) this Act or the regulations;\n- (d) the person was bound by that obligation when the person was the tenure holder or an associate;\n- (a) a particular obligation under this section; or\n- (b) all the person’s remaining obligations under this section.","sortOrder":295},{"sectionNumber":"ch.2-pt.2.5","sectionType":"part","heading":"Works licences","content":"# Works licences","sortOrder":296},{"sectionNumber":"ch.2-pt.2.5-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":297},{"sectionNumber":"sec.267","sectionType":"section","heading":"Works licences","content":"### sec.267 Works licences\n\nThis part provides for the grant of works licences over sub-blocks in coastal waters.\nA works licence allows tenure-related activities to be carried out on sub-blocks that are outside the tenure area of the exploration permit, mineral development licence or mining lease concerned.\nA works licence can only authorise activities that—\nare directly connected with activities that are carried out, or are to be carried out, under an exploration permit, mineral development licence or mining lease; and\nare necessary or desirable for the exploration permit, mineral development licence or mining lease holder to effectively—\nexercise the tenure rights; or\nperform the tenure obligations.\nA works licence can be granted over a particular sub-block even though the sub-block is a reserved sub-block or is in someone else’s tenure area.\nMore than 1 works licence can be granted over a particular sub-block.\nA works licence may be granted so as to allow activities that are connected with 2 or more tenures.\n(sec.267-ssec.1) This part provides for the grant of works licences over sub-blocks in coastal waters. A works licence allows tenure-related activities to be carried out on sub-blocks that are outside the tenure area of the exploration permit, mineral development licence or mining lease concerned.\n(sec.267-ssec.2) A works licence can only authorise activities that— are directly connected with activities that are carried out, or are to be carried out, under an exploration permit, mineral development licence or mining lease; and are necessary or desirable for the exploration permit, mineral development licence or mining lease holder to effectively— exercise the tenure rights; or perform the tenure obligations.\n(sec.267-ssec.3) A works licence can be granted over a particular sub-block even though the sub-block is a reserved sub-block or is in someone else’s tenure area.\n(sec.267-ssec.4) More than 1 works licence can be granted over a particular sub-block.\n(sec.267-ssec.5) A works licence may be granted so as to allow activities that are connected with 2 or more tenures.\n- (a) are directly connected with activities that are carried out, or are to be carried out, under an exploration permit, mineral development licence or mining lease; and\n- (b) are necessary or desirable for the exploration permit, mineral development licence or mining lease holder to effectively— (i) exercise the tenure rights; or (ii) perform the tenure obligations.\n- (i) exercise the tenure rights; or\n- (ii) perform the tenure obligations.\n- (i) exercise the tenure rights; or\n- (ii) perform the tenure obligations.","sortOrder":298},{"sectionNumber":"sec.268","sectionType":"section","heading":"Activities authorised by a works licence","content":"### sec.268 Activities authorised by a works licence\n\nA works licence holder may carry out in the tenure area the activities that are specified in the tenure.","sortOrder":299},{"sectionNumber":"sec.269","sectionType":"section","heading":"Minister may cancel or not renew works licence without compensation","content":"### sec.269 Minister may cancel or not renew works licence without compensation\n\nNo compensation is payable because of the cancellation or non-renewal of a works licence by the Minister.\nThe Minister may cancel the tenure under section 313 .\nThe Minister may refuse to renew the tenure under section 294 .","sortOrder":300},{"sectionNumber":"ch.2-pt.2.5-div.2","sectionType":"division","heading":"Application for and grant of works licence","content":"## Application for and grant of works licence","sortOrder":301},{"sectionNumber":"sec.270","sectionType":"section","heading":"Application for works licence","content":"### sec.270 Application for works licence\n\nA person may apply to the Minister for a works licence over a sub-block.","sortOrder":302},{"sectionNumber":"sec.271","sectionType":"section","heading":"How to apply","content":"### sec.271 How to apply\n\nThe application must—\nbe made in accordance with the approved form; and\nbe made in the approved way; and\ninclude details of the activities that the applicant proposes to carry out; and\nbe accompanied by a map that shows the proposed location of the activities; and\nspecify an address for service of notices under this Act and the regulations.\nFor paragraphs (a) and (b) see section 41 .\nThe applicant may include in the application any other information that the applicant considers relevant.\n(sec.271-ssec.1) The application must— be made in accordance with the approved form; and be made in the approved way; and include details of the activities that the applicant proposes to carry out; and be accompanied by a map that shows the proposed location of the activities; and specify an address for service of notices under this Act and the regulations. For paragraphs (a) and (b) see section 41 .\n(sec.271-ssec.2) The applicant may include in the application any other information that the applicant considers relevant.\n- (a) be made in accordance with the approved form; and\n- (b) be made in the approved way; and\n- (c) include details of the activities that the applicant proposes to carry out; and\n- (d) be accompanied by a map that shows the proposed location of the activities; and\n- (e) specify an address for service of notices under this Act and the regulations.","sortOrder":303},{"sectionNumber":"sec.272","sectionType":"section","heading":"Payment of fee","content":"### sec.272 Payment of fee\n\nThe applicant must pay the application fee prescribed under a regulation.\nThe fee must be paid when the application is made.\nThe Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.\n(sec.272-ssec.1) The applicant must pay the application fee prescribed under a regulation.\n(sec.272-ssec.2) The fee must be paid when the application is made.\n(sec.272-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.","sortOrder":304},{"sectionNumber":"sec.273","sectionType":"section","heading":"Applicant to notify tenure holders affected by the application","content":"### sec.273 Applicant to notify tenure holders affected by the application\n\nThe applicant must notify interested tenure holders of the application.\nThe notice must—\nbe given to the interested tenure holder; and\ngive details of the works licence applied for; and\ninvite the interested tenure holder to give comments to the Minister within 30 days after the day on which the notice is given.\nFor this section, a tenure holder is interested if—\na sub-block covered by the application is inside the tenure area; and\nthe holder is not the applicant.\n(sec.273-ssec.1) The applicant must notify interested tenure holders of the application.\n(sec.273-ssec.2) The notice must— be given to the interested tenure holder; and give details of the works licence applied for; and invite the interested tenure holder to give comments to the Minister within 30 days after the day on which the notice is given.\n(sec.273-ssec.3) For this section, a tenure holder is interested if— a sub-block covered by the application is inside the tenure area; and the holder is not the applicant.\n- (a) be given to the interested tenure holder; and\n- (b) give details of the works licence applied for; and\n- (c) invite the interested tenure holder to give comments to the Minister within 30 days after the day on which the notice is given.\n- (a) a sub-block covered by the application is inside the tenure area; and\n- (b) the holder is not the applicant.","sortOrder":305},{"sectionNumber":"sec.274","sectionType":"section","heading":"Application must be advertised","content":"### sec.274 Application must be advertised\n\nThe applicant must advertise the application in a newspaper circulating throughout the State.\nThe advertisement must contain—\nthe applicant’s name and address; and\na map and description of the sub-blocks covered that are sufficient for the sub-blocks to be identified; and\ndetails of the activities that the applicant proposes to carry out; and\na map showing the proposed location of those activities; and\nthe address of the Minister; and\na statement that—\nthe applicant has applied for a works licence over the sub-blocks described in the notice; and\ninvites comment from the public on the application; and\nrequests that comments be sent to the applicant and to the Minister specified in the notice within 30 days after the day on which the advertisement is published.\nThe advertisement must be published—\nas soon as possible after the applicant makes the application; and\nin any case, subject to subsection (4) , within 14 days after the day on which the applicant makes the application.\nIf—\nthe applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\nthe Minister extends the period;\nthe advertisement must be published within the period as extended by the Minister.\n(sec.274-ssec.1) The applicant must advertise the application in a newspaper circulating throughout the State.\n(sec.274-ssec.2) The advertisement must contain— the applicant’s name and address; and a map and description of the sub-blocks covered that are sufficient for the sub-blocks to be identified; and details of the activities that the applicant proposes to carry out; and a map showing the proposed location of those activities; and the address of the Minister; and a statement that— the applicant has applied for a works licence over the sub-blocks described in the notice; and invites comment from the public on the application; and requests that comments be sent to the applicant and to the Minister specified in the notice within 30 days after the day on which the advertisement is published.\n(sec.274-ssec.3) The advertisement must be published— as soon as possible after the applicant makes the application; and in any case, subject to subsection (4) , within 14 days after the day on which the applicant makes the application.\n(sec.274-ssec.4) If— the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and the Minister extends the period; the advertisement must be published within the period as extended by the Minister.\n- (a) the applicant’s name and address; and\n- (b) a map and description of the sub-blocks covered that are sufficient for the sub-blocks to be identified; and\n- (c) details of the activities that the applicant proposes to carry out; and\n- (d) a map showing the proposed location of those activities; and\n- (e) the address of the Minister; and\n- (f) a statement that— (i) the applicant has applied for a works licence over the sub-blocks described in the notice; and (ii) invites comment from the public on the application; and (iii) requests that comments be sent to the applicant and to the Minister specified in the notice within 30 days after the day on which the advertisement is published.\n- (i) the applicant has applied for a works licence over the sub-blocks described in the notice; and\n- (ii) invites comment from the public on the application; and\n- (iii) requests that comments be sent to the applicant and to the Minister specified in the notice within 30 days after the day on which the advertisement is published.\n- (i) the applicant has applied for a works licence over the sub-blocks described in the notice; and\n- (ii) invites comment from the public on the application; and\n- (iii) requests that comments be sent to the applicant and to the Minister specified in the notice within 30 days after the day on which the advertisement is published.\n- (a) as soon as possible after the applicant makes the application; and\n- (b) in any case, subject to subsection (4) , within 14 days after the day on which the applicant makes the application.\n- (a) the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\n- (b) the Minister extends the period;","sortOrder":306},{"sectionNumber":"sec.275","sectionType":"section","heading":"Section number not used","content":"### sec.275 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":307},{"sectionNumber":"sec.276","sectionType":"section","heading":"Minister may provisionally grant tenure","content":"### sec.276 Minister may provisionally grant tenure\n\nIf the applicant does what is required by sections 271 to 274 , the Minister may—\nprovisionally grant a works licence to the applicant; or\nrefuse the application.\nUnder section 286 , the grant of the tenure can not be effective before it is registered (see section 333 for registration). The grant will not be registered until it has been properly accepted (see section 283 for proper acceptance ).\n- (a) provisionally grant a works licence to the applicant; or\n- (b) refuse the application.","sortOrder":308},{"sectionNumber":"sec.277","sectionType":"section","heading":"Section number not used","content":"### sec.277 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":309},{"sectionNumber":"sec.278","sectionType":"section","heading":"Matters to be specified in the tenure","content":"### sec.278 Matters to be specified in the tenure\n\nThe tenure must specify—\nthe sub-blocks covered by the tenure; and\nthe activities authorised by the tenure; and\nthe area in which the activities are to be carried out; and\nthe term of the tenure; and\nthe tenure conditions.\nThe term specified under subsection (1) (d) must not be more than 5 years.\n(sec.278-ssec.1) The tenure must specify— the sub-blocks covered by the tenure; and the activities authorised by the tenure; and the area in which the activities are to be carried out; and the term of the tenure; and the tenure conditions.\n(sec.278-ssec.2) The term specified under subsection (1) (d) must not be more than 5 years.\n- (a) the sub-blocks covered by the tenure; and\n- (b) the activities authorised by the tenure; and\n- (c) the area in which the activities are to be carried out; and\n- (d) the term of the tenure; and\n- (e) the tenure conditions.","sortOrder":310},{"sectionNumber":"sec.279","sectionType":"section","heading":"Applicant must be notified","content":"### sec.279 Applicant must be notified\n\nThe Minister must give the applicant notice of a decision under section 276 .\nIf the Minister provisionally grants a works licence—\nthe Minister must give the tenure to the provisional holder; and\nthe notice under subsection (1) must contain notification—\nof any decision under section 399 that the provisional holder must lodge a security; and\nthat the provisional grant will lapse unless the provisional holder, before the end of the primary payment period—\ngives the Minister a written acceptance of the grant; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 .\n(sec.279-ssec.1) The Minister must give the applicant notice of a decision under section 276 .\n(sec.279-ssec.2) If the Minister provisionally grants a works licence— the Minister must give the tenure to the provisional holder; and the notice under subsection (1) must contain notification— of any decision under section 399 that the provisional holder must lodge a security; and that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 .\n- (a) the Minister must give the tenure to the provisional holder; and\n- (b) the notice under subsection (1) must contain notification— (i) of any decision under section 399 that the provisional holder must lodge a security; and (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (i) of any decision under section 399 that the provisional holder must lodge a security; and\n- (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .\n- (i) of any decision under section 399 that the provisional holder must lodge a security; and\n- (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required under section 399 ; and (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .\n- (A) gives the Minister a written acceptance of the grant; and\n- (B) lodges any security required under section 399 ; and\n- (C) pays the fee that must be paid for the tenure under section 425 .","sortOrder":311},{"sectionNumber":"sec.280","sectionType":"section","heading":"Amendment of conditions","content":"### sec.280 Amendment of conditions\n\nIf the provisional holder is dissatisfied with the tenure conditions, the provisional holder may ask the Minister to amend the conditions.\nThe request must be made within 30 days after the day on which the provisional holder is given the tenure under section 279 .\nIf a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the provisional holder, otherwise amend the conditions.\nThe Minister must give the provisional holder notice of a decision under this section.\n(sec.280-ssec.1) If the provisional holder is dissatisfied with the tenure conditions, the provisional holder may ask the Minister to amend the conditions.\n(sec.280-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given the tenure under section 279 .\n(sec.280-ssec.3) If a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the provisional holder, otherwise amend the conditions.\n(sec.280-ssec.4) The Minister must give the provisional holder notice of a decision under this section.","sortOrder":312},{"sectionNumber":"sec.281","sectionType":"section","heading":"Amendment of security requirements","content":"### sec.281 Amendment of security requirements\n\nIf the provisional holder—\nis notified of a security requirement; and\nis dissatisfied with the amount of the security required;\nthe provisional holder may ask the Minister to make a new decision under section 399 .\nThe request must be made within 30 days after the day on which the applicant is given notice under section 279 .\nIf a request is made under subsection (1) , the Minister may make a new decision under section 399 .\nThe Minister must give the provisional holder notice of the new decision.\n(sec.281-ssec.1) If the provisional holder— is notified of a security requirement; and is dissatisfied with the amount of the security required; the provisional holder may ask the Minister to make a new decision under section 399 .\n(sec.281-ssec.2) The request must be made within 30 days after the day on which the applicant is given notice under section 279 .\n(sec.281-ssec.3) If a request is made under subsection (1) , the Minister may make a new decision under section 399 .\n(sec.281-ssec.4) The Minister must give the provisional holder notice of the new decision.\n- (a) is notified of a security requirement; and\n- (b) is dissatisfied with the amount of the security required;","sortOrder":313},{"sectionNumber":"sec.282","sectionType":"section","heading":"Extension of primary payment period","content":"### sec.282 Extension of primary payment period\n\nIf the provisional holder makes a request under section 280 or 281 , the provisional holder may ask the Minister to extend the primary payment period.\nThe request must be made within 30 days after the day on which the provisional holder is given notice under section 279 .\nIf the Minister agrees to the request, the Minister must—\ndecide the period of the extension; and\ngive the provisional holder a notice of the period of the extension.\n(sec.282-ssec.1) If the provisional holder makes a request under section 280 or 281 , the provisional holder may ask the Minister to extend the primary payment period.\n(sec.282-ssec.2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 279 .\n(sec.282-ssec.3) If the Minister agrees to the request, the Minister must— decide the period of the extension; and give the provisional holder a notice of the period of the extension.\n- (a) decide the period of the extension; and\n- (b) give the provisional holder a notice of the period of the extension.","sortOrder":314},{"sectionNumber":"sec.283","sectionType":"section","heading":"Acceptance of grant of works licence","content":"### sec.283 Acceptance of grant of works licence\n\nThe provisional grant of a works licence is properly accepted by the provisional holder if, before the required time, the provisional holder—\ngives the Minister a written acceptance of the grant; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 .\nThe required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 282 , the end of the secondary payment period.\nUnder section 286 , the grant of the tenure can not be effective before it is registered (see section 333 for registration).\n(sec.283-ssec.1) The provisional grant of a works licence is properly accepted by the provisional holder if, before the required time, the provisional holder— gives the Minister a written acceptance of the grant; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 .\n(sec.283-ssec.2) The required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 282 , the end of the secondary payment period. Under section 286 , the grant of the tenure can not be effective before it is registered (see section 333 for registration).\n- (a) gives the Minister a written acceptance of the grant; and\n- (b) lodges any security required under section 399 ; and\n- (c) pays the fee that must be paid for the tenure under section 425 .","sortOrder":315},{"sectionNumber":"sec.284","sectionType":"section","heading":"Conditions applicable to works licence on grant","content":"### sec.284 Conditions applicable to works licence on grant\n\nIf the provisional grant of the tenure is properly accepted under section 283 , it is subject to—\nthe conditions specified in the tenure given to the applicant under section 279 ; or\nif the Minister amended those conditions under section 280 —those conditions as amended.\n- (a) the conditions specified in the tenure given to the applicant under section 279 ; or\n- (b) if the Minister amended those conditions under section 280 —those conditions as amended.","sortOrder":316},{"sectionNumber":"sec.285","sectionType":"section","heading":"Lapse of provisional grant of works licence","content":"### sec.285 Lapse of provisional grant of works licence\n\nIf the provisional grant of the tenure is not properly accepted under section 283 , the provisional grant lapses.","sortOrder":317},{"sectionNumber":"ch.2-pt.2.5-div.3","sectionType":"division","heading":"Duration of works licence","content":"## Duration of works licence","sortOrder":318},{"sectionNumber":"sec.286","sectionType":"section","heading":"Initial term of works licence","content":"### sec.286 Initial term of works licence\n\nA works licence comes into force on—\nthe day on which the grant of the tenure is registered; or\nif a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\nThe initial term of a works licence expires at the end of the period specified in the tenure under sub section 278 (1) .\nFor the maximum initial term see section 278 (2) .\nThe tenure may be surrendered at any time (see section 312 ).\nThe period runs from—\nthe day on which the tenure is provisionally granted; or\nif a day later than the day on which the tenure is provisionally granted is specified in the tenure as the tenure’s commencement day—that specified day.\n(sec.286-ssec.1) A works licence comes into force on— the day on which the grant of the tenure is registered; or if a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\n(sec.286-ssec.2) The initial term of a works licence expires at the end of the period specified in the tenure under sub section 278 (1) . For the maximum initial term see section 278 (2) . The tenure may be surrendered at any time (see section 312 ).\n(sec.286-ssec.3) The period runs from— the day on which the tenure is provisionally granted; or if a day later than the day on which the tenure is provisionally granted is specified in the tenure as the tenure’s commencement day—that specified day.\n- (a) the day on which the grant of the tenure is registered; or\n- (b) if a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day.\n- (a) the day on which the tenure is provisionally granted; or\n- (b) if a day later than the day on which the tenure is provisionally granted is specified in the tenure as the tenure’s commencement day—that specified day.","sortOrder":319},{"sectionNumber":"sec.287","sectionType":"section","heading":"Term of renewal of works licence","content":"### sec.287 Term of renewal of works licence\n\nA renewal of a works licence comes into force on the later of the following days—\nthe day on which the renewal is registered;\nthe day on which the previous term of the tenure expires.\nSee division 4 for renewal.\nThe term of a renewal of a tenure expires at the end of the period specified in the notice under section 296 .\nFor the maximum term of renewal see section 296 (3) .\nThe tenure may be surrendered at any time (see section 312 ).\nThe period runs from the day on which the previous term of the tenure expires.\n(sec.287-ssec.1) A renewal of a works licence comes into force on the later of the following days— the day on which the renewal is registered; the day on which the previous term of the tenure expires. See division 4 for renewal.\n(sec.287-ssec.2) The term of a renewal of a tenure expires at the end of the period specified in the notice under section 296 . For the maximum term of renewal see section 296 (3) . The tenure may be surrendered at any time (see section 312 ).\n(sec.287-ssec.3) The period runs from the day on which the previous term of the tenure expires.\n- (a) the day on which the renewal is registered;\n- (b) the day on which the previous term of the tenure expires.","sortOrder":320},{"sectionNumber":"sec.288","sectionType":"section","heading":"Effect of application for renewal on term of works licence","content":"### sec.288 Effect of application for renewal on term of works licence\n\nIf—\na works licence holder applies to renew the tenure under section 289 ; and\nthe current term of the tenure expires; and\na renewal of the tenure does not take effect immediately after the current term expires;\nthe tenure remains in force after the current term expires until the first of the following happens—\na renewal of the tenure takes effect;\na provisional renewal of the tenure lapses;\nthe application for renewal is withdrawn or refused.\n- (a) a works licence holder applies to renew the tenure under section 289 ; and\n- (b) the current term of the tenure expires; and\n- (c) a renewal of the tenure does not take effect immediately after the current term expires;\n- (d) a renewal of the tenure takes effect;\n- (e) a provisional renewal of the tenure lapses;\n- (f) the application for renewal is withdrawn or refused.","sortOrder":321},{"sectionNumber":"ch.2-pt.2.5-div.4","sectionType":"division","heading":"Application for and grant of renewal of works licence","content":"## Application for and grant of renewal of works licence","sortOrder":322},{"sectionNumber":"sec.289","sectionType":"section","heading":"Application for renewal of works licence","content":"### sec.289 Application for renewal of works licence\n\nA works licence holder may apply to the Minister to renew the tenure.\nAt each renewal, the works licence conditions are reviewed (see section 304 ).","sortOrder":323},{"sectionNumber":"sec.290","sectionType":"section","heading":"When application to be made","content":"### sec.290 When application to be made\n\nSubject to subsection (2) , the application must be made at least 30 days before the day on which the tenure is to expire.\nThe Minister may accept an application that is made later than 30 days before the day on which the works licence is to expire if—\nthe application is made before the day on which the tenure expires; and\nthe Minister believes that there are reasonable grounds for accepting the application.\n(sec.290-ssec.1) Subject to subsection (2) , the application must be made at least 30 days before the day on which the tenure is to expire.\n(sec.290-ssec.2) The Minister may accept an application that is made later than 30 days before the day on which the works licence is to expire if— the application is made before the day on which the tenure expires; and the Minister believes that there are reasonable grounds for accepting the application.\n- (a) the application is made before the day on which the tenure expires; and\n- (b) the Minister believes that there are reasonable grounds for accepting the application.","sortOrder":324},{"sectionNumber":"sec.291","sectionType":"section","heading":"How to apply for renewal","content":"### sec.291 How to apply for renewal\n\nThe application must—\nbe made in accordance with the approved form; and\nbe made in the approved way; and\ninclude details of—\nthe activities carried out by the applicant under the tenure during its current term; and\nthe amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\nthe activities that the applicant intends to carry out under the tenure during the term applied for; and\nthe amount of money that the applicant intends to spend in relation to the activities authorised by the tenure during the term applied for.\nFor paragraphs (a) and (b) see section 41 .\nThe applicant may include in the application any other information that the applicant considers relevant.\n(sec.291-ssec.1) The application must— be made in accordance with the approved form; and be made in the approved way; and include details of— the activities carried out by the applicant under the tenure during its current term; and the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and the activities that the applicant intends to carry out under the tenure during the term applied for; and the amount of money that the applicant intends to spend in relation to the activities authorised by the tenure during the term applied for. For paragraphs (a) and (b) see section 41 .\n(sec.291-ssec.2) The applicant may include in the application any other information that the applicant considers relevant.\n- (a) be made in accordance with the approved form; and\n- (b) be made in the approved way; and\n- (c) include details of— (i) the activities carried out by the applicant under the tenure during its current term; and (ii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and (iii) the activities that the applicant intends to carry out under the tenure during the term applied for; and (iv) the amount of money that the applicant intends to spend in relation to the activities authorised by the tenure during the term applied for.\n- (i) the activities carried out by the applicant under the tenure during its current term; and\n- (ii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\n- (iii) the activities that the applicant intends to carry out under the tenure during the term applied for; and\n- (iv) the amount of money that the applicant intends to spend in relation to the activities authorised by the tenure during the term applied for.\n- (i) the activities carried out by the applicant under the tenure during its current term; and\n- (ii) the amount of money spent by the applicant in relation to the sub-blocks covered by the tenure during its current term; and\n- (iii) the activities that the applicant intends to carry out under the tenure during the term applied for; and\n- (iv) the amount of money that the applicant intends to spend in relation to the activities authorised by the tenure during the term applied for.","sortOrder":325},{"sectionNumber":"sec.292","sectionType":"section","heading":"Payment of fee","content":"### sec.292 Payment of fee\n\nThe applicant must pay the application fee prescribed under a regulation.\nThe fee must be paid when the application is made.\nThe Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.\n(sec.292-ssec.1) The applicant must pay the application fee prescribed under a regulation.\n(sec.292-ssec.2) The fee must be paid when the application is made.\n(sec.292-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.","sortOrder":326},{"sectionNumber":"sec.293","sectionType":"section","heading":"Section number not used","content":"### sec.293 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":327},{"sectionNumber":"sec.294","sectionType":"section","heading":"Provisional renewal of works licence","content":"### sec.294 Provisional renewal of works licence\n\nThe Minister may—\nprovisionally renew the tenure; or\nrefuse to renew the tenure.\nUnder section 287 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration). The renewal will not be registered until it has been properly accepted (see section 300 for proper acceptance ).\nUnder section 304 , new conditions may be imposed on renewal.\n- (a) provisionally renew the tenure; or\n- (b) refuse to renew the tenure.","sortOrder":328},{"sectionNumber":"sec.295","sectionType":"section","heading":"Section number not used","content":"### sec.295 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":329},{"sectionNumber":"sec.296","sectionType":"section","heading":"Applicant must be notified","content":"### sec.296 Applicant must be notified\n\nThe Minister must give the applicant notice of the Minister’s decision under section 294 .\nIf the Minister provisionally renews the works licence under section 294 , the notice must contain notification—\nof the term of the renewal; and\nof the conditions of the renewed tenure; and\nthat the provisional renewal will lapse unless the applicant, before the end of the primary payment period—\ngives the Minister a written acceptance of the renewal; and\nlodges any security required by the Minister under section 399 ; and\npays the fee that must be paid under section 425 .\nParagraph (b) — section 304 provides for renewals to be granted subject to conditions.\nThe term specified under subsection (2) (a) must not be more than 5 years.\n(sec.296-ssec.1) The Minister must give the applicant notice of the Minister’s decision under section 294 .\n(sec.296-ssec.2) If the Minister provisionally renews the works licence under section 294 , the notice must contain notification— of the term of the renewal; and of the conditions of the renewed tenure; and that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— gives the Minister a written acceptance of the renewal; and lodges any security required by the Minister under section 399 ; and pays the fee that must be paid under section 425 . Paragraph (b) — section 304 provides for renewals to be granted subject to conditions.\n(sec.296-ssec.3) The term specified under subsection (2) (a) must not be more than 5 years.\n- (a) of the term of the renewal; and\n- (b) of the conditions of the renewed tenure; and\n- (c) that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— (i) gives the Minister a written acceptance of the renewal; and (ii) lodges any security required by the Minister under section 399 ; and (iii) pays the fee that must be paid under section 425 .\n- (i) gives the Minister a written acceptance of the renewal; and\n- (ii) lodges any security required by the Minister under section 399 ; and\n- (iii) pays the fee that must be paid under section 425 .\n- (i) gives the Minister a written acceptance of the renewal; and\n- (ii) lodges any security required by the Minister under section 399 ; and\n- (iii) pays the fee that must be paid under section 425 .","sortOrder":330},{"sectionNumber":"sec.297","sectionType":"section","heading":"Amendment of conditions","content":"### sec.297 Amendment of conditions\n\nIf the tenure holder—\nhas been provisionally granted a renewal of the tenure under section 294 ; and\nis notified of the tenure conditions; and\nis dissatisfied with the tenure conditions;\nthe holder may ask the Minister to amend the conditions.\nThe request must—\nbe made within 30 days after the day on which the holder is given notice under section 296 ; and\nbe lodged with the Minister.\nIf a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the holder, otherwise amend the conditions.\nThe Minister must give the holder notice of a decision under this section.\n(sec.297-ssec.1) If the tenure holder— has been provisionally granted a renewal of the tenure under section 294 ; and is notified of the tenure conditions; and is dissatisfied with the tenure conditions; the holder may ask the Minister to amend the conditions.\n(sec.297-ssec.2) The request must— be made within 30 days after the day on which the holder is given notice under section 296 ; and be lodged with the Minister.\n(sec.297-ssec.3) If a request is made under subsection (1) , the Minister may amend the tenure conditions as requested and, with the consent of the holder, otherwise amend the conditions.\n(sec.297-ssec.4) The Minister must give the holder notice of a decision under this section.\n- (a) has been provisionally granted a renewal of the tenure under section 294 ; and\n- (b) is notified of the tenure conditions; and\n- (c) is dissatisfied with the tenure conditions;\n- (a) be made within 30 days after the day on which the holder is given notice under section 296 ; and\n- (b) be lodged with the Minister.","sortOrder":331},{"sectionNumber":"sec.298","sectionType":"section","heading":"Amendment of security requirements","content":"### sec.298 Amendment of security requirements\n\nIf the tenure holder—\nhas been provisionally granted a renewal of the tenure under section 294 ; and\nis notified of a security requirement; and\nis dissatisfied with the amount of security required;\nthe holder may ask the Minister to make a new decision under section 399 .\nThe request must be made within 30 days after the day on which the holder is given notice under section 296 .\nIf a request is made under subsection (1) , the Minister may make a new decision under section 399 .\nThe Minister must give the holder notice of the new decision.\n(sec.298-ssec.1) If the tenure holder— has been provisionally granted a renewal of the tenure under section 294 ; and is notified of a security requirement; and is dissatisfied with the amount of security required; the holder may ask the Minister to make a new decision under section 399 .\n(sec.298-ssec.2) The request must be made within 30 days after the day on which the holder is given notice under section 296 .\n(sec.298-ssec.3) If a request is made under subsection (1) , the Minister may make a new decision under section 399 .\n(sec.298-ssec.4) The Minister must give the holder notice of the new decision.\n- (a) has been provisionally granted a renewal of the tenure under section 294 ; and\n- (b) is notified of a security requirement; and\n- (c) is dissatisfied with the amount of security required;","sortOrder":332},{"sectionNumber":"sec.299","sectionType":"section","heading":"Extension of primary payment period","content":"### sec.299 Extension of primary payment period\n\nIf the tenure holder makes a request under section 297 or 298 , the holder may ask the Minister to extend the primary payment period.\nThe request must be made within 30 days after the day on which the holder is given notice under section 296 .\nIf the Minister agrees to the request, the Minister must—\ndecide the period of the extension; and\ngive the holder notice informing the holder of the period of the extension.\n(sec.299-ssec.1) If the tenure holder makes a request under section 297 or 298 , the holder may ask the Minister to extend the primary payment period.\n(sec.299-ssec.2) The request must be made within 30 days after the day on which the holder is given notice under section 296 .\n(sec.299-ssec.3) If the Minister agrees to the request, the Minister must— decide the period of the extension; and give the holder notice informing the holder of the period of the extension.\n- (a) decide the period of the extension; and\n- (b) give the holder notice informing the holder of the period of the extension.","sortOrder":333},{"sectionNumber":"sec.300","sectionType":"section","heading":"Acceptance of renewal of works licence","content":"### sec.300 Acceptance of renewal of works licence\n\nThe provisional renewal of a works licence is properly accepted by the tenure holder if, before the required time, the holder—\ngives the Minister a written acceptance of the renewal; and\nlodges any security required under section 399 ; and\npays the fee that must be paid for the tenure under section 425 .\nThe required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 299 , the end of the secondary payment period.\nUnder section 287 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration).\n(sec.300-ssec.1) The provisional renewal of a works licence is properly accepted by the tenure holder if, before the required time, the holder— gives the Minister a written acceptance of the renewal; and lodges any security required under section 399 ; and pays the fee that must be paid for the tenure under section 425 .\n(sec.300-ssec.2) The required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 299 , the end of the secondary payment period. Under section 287 , the renewal of the tenure can not be effective before it is registered (see section 334 for registration).\n- (a) gives the Minister a written acceptance of the renewal; and\n- (b) lodges any security required under section 399 ; and\n- (c) pays the fee that must be paid for the tenure under section 425 .","sortOrder":334},{"sectionNumber":"sec.301","sectionType":"section","heading":"Conditions applicable to works licence on renewal","content":"### sec.301 Conditions applicable to works licence on renewal\n\nIf the provisional renewal is properly accepted under section 300 , the renewed tenure is subject to—\nthe conditions specified in the notice given to the tenure holder under section 296 ; or\nif the Minister amended those conditions under section 297 —those conditions as amended.\n- (a) the conditions specified in the notice given to the tenure holder under section 296 ; or\n- (b) if the Minister amended those conditions under section 297 —those conditions as amended.","sortOrder":335},{"sectionNumber":"sec.302","sectionType":"section","heading":"Lapse of provisional renewal of works licence","content":"### sec.302 Lapse of provisional renewal of works licence\n\nIf the provisional renewal of the tenure is not properly accepted under section 300 , the provisional renewal lapses.","sortOrder":336},{"sectionNumber":"ch.2-pt.2.5-div.5","sectionType":"division","heading":"Obligations associated with works licence","content":"## Obligations associated with works licence","sortOrder":337},{"sectionNumber":"sec.303","sectionType":"section","heading":"General","content":"### sec.303 General\n\nThe sources of obligations associated with a works licence are—\nthe tenure conditions; and\nobligations arising from directions under section 387 or 392 given by the Minister; and\nobligations imposed by this Act and the regulations.\nFor paragraph (a) see sections 304 to 306 . For paragraph (c) see sections 44 , 308 to 310 , 372 and 391 (1) .\nIf a works licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the tenure.\n(sec.303-ssec.1) The sources of obligations associated with a works licence are— the tenure conditions; and obligations arising from directions under section 387 or 392 given by the Minister; and obligations imposed by this Act and the regulations. For paragraph (a) see sections 304 to 306 . For paragraph (c) see sections 44 , 308 to 310 , 372 and 391 (1) .\n(sec.303-ssec.2) If a works licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the tenure.\n- (a) the tenure conditions; and\n- (b) obligations arising from directions under section 387 or 392 given by the Minister; and\n- (c) obligations imposed by this Act and the regulations.","sortOrder":338},{"sectionNumber":"sec.304","sectionType":"section","heading":"Conditions of works licence","content":"### sec.304 Conditions of works licence\n\nThe Minister may grant or renew a works licence subject to whatever conditions the Minister considers appropriate.\nIf the Minister grants or renews a works licence subject to conditions, the conditions must be specified in the tenure.\nWithout limiting subsection (1) , the Minister may attach conditions to the grant or renewal of a works licence requiring the tenure holder to do the following types of things—\ntake out insurance as required by the Minister;\ncarry out certain work in or in relation to the tenure area during the term of the tenure;\nlodge a security with the Minister;\nkeep specified information;\ngive the Minister, on request, specified information;\ntake steps to protect the environment of the tenure area, including conditions about—\nprotecting wildlife; or\nminimising the effect on the environment of the tenure area and the area surrounding the tenure of activities carried out in the tenure area;\nrepair any damage to the environment caused by activities in the tenure area;\npay a specified penalty to the State if the holder does not comply with a tenure condition.\nA condition under subsection (3) (c) must specify—\nthe amount of the security required; and\nthe kind of security required; and\nthe way and the form in which the security is to be lodged.\nWithout limiting subsection (3) (c) , a condition under that provision may require the lodgment of a security in the form of a guarantee and, if a guarantee is required, the condition may specify—\nthe kind of person who is to give the guarantee; and\nthe terms of the guarantee.\n(sec.304-ssec.1) The Minister may grant or renew a works licence subject to whatever conditions the Minister considers appropriate.\n(sec.304-ssec.2) If the Minister grants or renews a works licence subject to conditions, the conditions must be specified in the tenure.\n(sec.304-ssec.3) Without limiting subsection (1) , the Minister may attach conditions to the grant or renewal of a works licence requiring the tenure holder to do the following types of things— take out insurance as required by the Minister; carry out certain work in or in relation to the tenure area during the term of the tenure; lodge a security with the Minister; keep specified information; give the Minister, on request, specified information; take steps to protect the environment of the tenure area, including conditions about— protecting wildlife; or minimising the effect on the environment of the tenure area and the area surrounding the tenure of activities carried out in the tenure area; repair any damage to the environment caused by activities in the tenure area; pay a specified penalty to the State if the holder does not comply with a tenure condition.\n(sec.304-ssec.4) A condition under subsection (3) (c) must specify— the amount of the security required; and the kind of security required; and the way and the form in which the security is to be lodged.\n(sec.304-ssec.5) Without limiting subsection (3) (c) , a condition under that provision may require the lodgment of a security in the form of a guarantee and, if a guarantee is required, the condition may specify— the kind of person who is to give the guarantee; and the terms of the guarantee.\n- (a) take out insurance as required by the Minister;\n- (b) carry out certain work in or in relation to the tenure area during the term of the tenure;\n- (c) lodge a security with the Minister;\n- (d) keep specified information;\n- (e) give the Minister, on request, specified information;\n- (f) take steps to protect the environment of the tenure area, including conditions about— (i) protecting wildlife; or (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure of activities carried out in the tenure area;\n- (i) protecting wildlife; or\n- (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure of activities carried out in the tenure area;\n- (g) repair any damage to the environment caused by activities in the tenure area;\n- (h) pay a specified penalty to the State if the holder does not comply with a tenure condition.\n- (i) protecting wildlife; or\n- (ii) minimising the effect on the environment of the tenure area and the area surrounding the tenure of activities carried out in the tenure area;\n- (a) the amount of the security required; and\n- (b) the kind of security required; and\n- (c) the way and the form in which the security is to be lodged.\n- (a) the kind of person who is to give the guarantee; and\n- (b) the terms of the guarantee.","sortOrder":339},{"sectionNumber":"sec.305","sectionType":"section","heading":"No conditions requiring payment of money","content":"### sec.305 No conditions requiring payment of money\n\nExcept for a condition requiring the payment of a penalty or lodgment of a security, a tenure condition must not require the payment of money to the State.","sortOrder":340},{"sectionNumber":"sec.306","sectionType":"section","heading":"Variation of conditions","content":"### sec.306 Variation of conditions\n\nIf a works licence holder requests the Minister in writing to vary the tenure conditions, the Minister may vary the conditions.\nIf the Minister gives—\na direction under section 387 ; or\nan approval, consent or exemption under a regulation;\nto a works licence holder, the Minister may vary the tenure conditions to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\nThe Minister may vary the tenure conditions subject to whatever conditions the Minister considers appropriate.\nIf the Minister varies the tenure conditions, the Minister must give the tenure holder a notice that—\ninforms the holder of the variation; and\nspecifies the conditions that have been varied; and\nspecifies any conditions to which the variation is subject.\n(sec.306-ssec.1) If a works licence holder requests the Minister in writing to vary the tenure conditions, the Minister may vary the conditions.\n(sec.306-ssec.2) If the Minister gives— a direction under section 387 ; or an approval, consent or exemption under a regulation; to a works licence holder, the Minister may vary the tenure conditions to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\n(sec.306-ssec.3) The Minister may vary the tenure conditions subject to whatever conditions the Minister considers appropriate.\n(sec.306-ssec.4) If the Minister varies the tenure conditions, the Minister must give the tenure holder a notice that— informs the holder of the variation; and specifies the conditions that have been varied; and specifies any conditions to which the variation is subject.\n- (a) a direction under section 387 ; or\n- (b) an approval, consent or exemption under a regulation;\n- (a) informs the holder of the variation; and\n- (b) specifies the conditions that have been varied; and\n- (c) specifies any conditions to which the variation is subject.","sortOrder":341},{"sectionNumber":"sec.307","sectionType":"section","heading":"Exemption from or suspension of conditions","content":"### sec.307 Exemption from or suspension of conditions\n\nIf a works licence holder requests the Minister in writing to—\nsuspend a tenure condition; or\nexempt the holder from complying with a tenure condition;\nthe Minister may—\nsuspend a tenure condition; or\nexempt the holder from complying with a tenure condition.\nIf the Minister gives—\na direction under section 387 ; or\nan approval, consent or exemption under a regulation;\nto a works licence holder, the Minister may suspend a tenure condition, or exempt the holder from compliance with a tenure condition, to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\nThe Minister may—\nsuspend a tenure condition; or\nexempt the tenure holder from complying with a tenure condition;\nsubject to whatever conditions the Minister considers appropriate.\nIf the Minister—\nsuspends a tenure condition; or\nexempts the tenure holder from complying with a tenure condition;\nthe Minister must give the holder a notice that—\ninforms the holder of the exemption or suspension; and\nspecifies the conditions that have been suspended or affected by the exemption; and\nspecifies any conditions to which the suspension or exemption is subject.\nA suspension or exemption of a condition does not take effect until registered (see section 337 ).\n(sec.307-ssec.1) If a works licence holder requests the Minister in writing to— suspend a tenure condition; or exempt the holder from complying with a tenure condition; the Minister may— suspend a tenure condition; or exempt the holder from complying with a tenure condition.\n(sec.307-ssec.2) If the Minister gives— a direction under section 387 ; or an approval, consent or exemption under a regulation; to a works licence holder, the Minister may suspend a tenure condition, or exempt the holder from compliance with a tenure condition, to the extent necessary to avoid inconsistency between the tenure conditions and the direction, approval, consent or exemption.\n(sec.307-ssec.3) The Minister may— suspend a tenure condition; or exempt the tenure holder from complying with a tenure condition; subject to whatever conditions the Minister considers appropriate.\n(sec.307-ssec.4) If the Minister— suspends a tenure condition; or exempts the tenure holder from complying with a tenure condition; the Minister must give the holder a notice that— informs the holder of the exemption or suspension; and specifies the conditions that have been suspended or affected by the exemption; and specifies any conditions to which the suspension or exemption is subject. A suspension or exemption of a condition does not take effect until registered (see section 337 ).\n- (a) suspend a tenure condition; or\n- (b) exempt the holder from complying with a tenure condition;\n- (c) suspend a tenure condition; or\n- (d) exempt the holder from complying with a tenure condition.\n- (a) a direction under section 387 ; or\n- (b) an approval, consent or exemption under a regulation;\n- (a) suspend a tenure condition; or\n- (b) exempt the tenure holder from complying with a tenure condition;\n- (a) suspends a tenure condition; or\n- (b) exempts the tenure holder from complying with a tenure condition;\n- (c) informs the holder of the exemption or suspension; and\n- (d) specifies the conditions that have been suspended or affected by the exemption; and\n- (e) specifies any conditions to which the suspension or exemption is subject.","sortOrder":342},{"sectionNumber":"sec.308","sectionType":"section","heading":"Work practices","content":"### sec.308 Work practices\n\nA person who is a works licence holder or an associate of the holder, in carrying out activities in the tenure area that are authorised by the tenure, must take all reasonable steps—\nto ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\nto maintain in good repair all structures, equipment and other property erected in, or brought into, the tenure area by the person; and\nto remove from the tenure area any structure, equipment or other property that—\nbelongs to the person, or is under the person’s control; and\nis not being used, or is not going to be used, in connection with the activities.\nMaximum penalty—267 penalty units.\nThe safety of offshore exploration activities is governed by the Mining and Quarrying Safety and Health Act 1999 —see the definition mine in section 9 of that Act.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\ns 308 amd 2013 No. 51 s 229 sch 1\n- (a) to ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\n- (b) to maintain in good repair all structures, equipment and other property erected in, or brought into, the tenure area by the person; and\n- (c) to remove from the tenure area any structure, equipment or other property that— (i) belongs to the person, or is under the person’s control; and (ii) is not being used, or is not going to be used, in connection with the activities.\n- (i) belongs to the person, or is under the person’s control; and\n- (ii) is not being used, or is not going to be used, in connection with the activities.\n- (i) belongs to the person, or is under the person’s control; and\n- (ii) is not being used, or is not going to be used, in connection with the activities.\n- 1 The safety of offshore exploration activities is governed by the Mining and Quarrying Safety and Health Act 1999 —see the definition mine in section 9 of that Act.\n- 2 If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.","sortOrder":343},{"sectionNumber":"sec.309","sectionType":"section","heading":"Tenure holder must keep specified records etc.","content":"### sec.309 Tenure holder must keep specified records etc.\n\nA works licence holder must—\nkeep whatever records; and\ngive whatever records to the Minister for inspection; and\nmake whatever returns;\nare necessary to comply with—\nthe regulations; or\nthe tenure conditions; or\na direction given by the Minister under section 387 .\nUnder sections 386 and 387 the Minister may direct a person to keep records and to make returns.\nMaximum penalty—134 penalty units.\n- (a) keep whatever records; and\n- (b) give whatever records to the Minister for inspection; and\n- (c) make whatever returns;\n- (d) the regulations; or\n- (e) the tenure conditions; or\n- (f) a direction given by the Minister under section 387 .","sortOrder":344},{"sectionNumber":"sec.310","sectionType":"section","heading":"Tenure holder must help inspectors","content":"### sec.310 Tenure holder must help inspectors\n\nA works licence holder must provide an inspector with reasonable facilities and help so that the inspector is able to carry out compliance inspections.\nSee sections 377 to 384 for compliance inspections.\nMaximum penalty—67 penalty units.","sortOrder":345},{"sectionNumber":"ch.2-pt.2.5-div.6","sectionType":"division","heading":"Expiry of works licence","content":"## Expiry of works licence","sortOrder":346},{"sectionNumber":"sec.311","sectionType":"section","heading":"General","content":"### sec.311 General\n\nA works licence expires if—\nthe term of the tenure ends without the tenure being renewed; or\nthe tenure holder surrenders the tenure; or\nthe tenure is cancelled.\nFor paragraph (a) see division 4 . For paragraph (b) see section 312 . For paragraph (c) see section 313 .\n- (a) the term of the tenure ends without the tenure being renewed; or\n- (b) the tenure holder surrenders the tenure; or\n- (c) the tenure is cancelled.","sortOrder":347},{"sectionNumber":"sec.312","sectionType":"section","heading":"Voluntary surrender of works licence","content":"### sec.312 Voluntary surrender of works licence\n\nThe holder of a works licence may surrender the tenure.\nThe surrender takes effect when it is registered under section 337 (see section 337 (5) ).","sortOrder":348},{"sectionNumber":"sec.313","sectionType":"section","heading":"Cancellation of works licence","content":"### sec.313 Cancellation of works licence\n\nSubject to subsection (5) , the Minister may cancel a works licence if the tenure holder—\nbreaches a tenure condition; or\ncontravenes a provision of this Act or the regulations; or\nbreaches a condition attached to an approval under section 365 (2) .\nIf the Minister proposes to cancel a works licence under subsection (1) , the Minister must give the tenure holder a notice that informs the holder of the proposed cancellation.\nThe notice must—\nspecify the reason for the proposed cancellation; and\ninvite the holder to make submissions about the proposed cancellation; and\nspecify the day by which submissions may be made to the Minister; and\nspecify an address where submissions are to be lodged.\nThe day specified under subsection (3) (c) must be not less than 60 days after the day on which the notice is given.\nThe Minister may cancel a works licence only if—\nthe holder has been given a notice under subsection (2) ; and\nthe Minister has considered—\nany submission made by the holder as provided by the notice under subsection (3) ; and\nany steps taken by the holder to remedy the circumstances that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\nthe Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n(sec.313-ssec.1) Subject to subsection (5) , the Minister may cancel a works licence if the tenure holder— breaches a tenure condition; or contravenes a provision of this Act or the regulations; or breaches a condition attached to an approval under section 365 (2) .\n(sec.313-ssec.2) If the Minister proposes to cancel a works licence under subsection (1) , the Minister must give the tenure holder a notice that informs the holder of the proposed cancellation.\n(sec.313-ssec.3) The notice must— specify the reason for the proposed cancellation; and invite the holder to make submissions about the proposed cancellation; and specify the day by which submissions may be made to the Minister; and specify an address where submissions are to be lodged.\n(sec.313-ssec.4) The day specified under subsection (3) (c) must be not less than 60 days after the day on which the notice is given.\n(sec.313-ssec.5) The Minister may cancel a works licence only if— the holder has been given a notice under subsection (2) ; and the Minister has considered— any submission made by the holder as provided by the notice under subsection (3) ; and any steps taken by the holder to remedy the circumstances that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and the Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n- (a) breaches a tenure condition; or\n- (b) contravenes a provision of this Act or the regulations; or\n- (c) breaches a condition attached to an approval under section 365 (2) .\n- (a) specify the reason for the proposed cancellation; and\n- (b) invite the holder to make submissions about the proposed cancellation; and\n- (c) specify the day by which submissions may be made to the Minister; and\n- (d) specify an address where submissions are to be lodged.\n- (a) the holder has been given a notice under subsection (2) ; and\n- (b) the Minister has considered— (i) any submission made by the holder as provided by the notice under subsection (3) ; and (ii) any steps taken by the holder to remedy the circumstances that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\n- (i) any submission made by the holder as provided by the notice under subsection (3) ; and\n- (ii) any steps taken by the holder to remedy the circumstances that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and\n- (c) the Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.\n- (i) any submission made by the holder as provided by the notice under subsection (3) ; and\n- (ii) any steps taken by the holder to remedy the circumstances that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and","sortOrder":349},{"sectionNumber":"sec.314","sectionType":"section","heading":"Obligations of former works licence holders and former associates","content":"### sec.314 Obligations of former works licence holders and former associates\n\nSubject to subsection (2) , if—\na person was—\na works licence holder; or\nan associate of a works licence holder; and\nthe tenure—\nexpires; or\nis cancelled; or\nis surrendered; and\nan obligation associated with the tenure arising out of—\na tenure condition; or\na direction given under section 387 ; or\nthis Act or the regulations;\nhas not been discharged; and\nthe person was bound by that obligation when the person was the works licence holder or an associate;\nthe person remains bound by the obligation until the obligation is discharged.\nThe Minister may decide that the person is not subject to—\nany particular obligation under this section; or\nall the person’s remaining obligations under this section.\nA decision under subsection (2) must be in writing.\n(sec.314-ssec.1) Subject to subsection (2) , if— a person was— a works licence holder; or an associate of a works licence holder; and the tenure— expires; or is cancelled; or is surrendered; and an obligation associated with the tenure arising out of— a tenure condition; or a direction given under section 387 ; or this Act or the regulations; has not been discharged; and the person was bound by that obligation when the person was the works licence holder or an associate; the person remains bound by the obligation until the obligation is discharged.\n(sec.314-ssec.2) The Minister may decide that the person is not subject to— any particular obligation under this section; or all the person’s remaining obligations under this section.\n(sec.314-ssec.3) A decision under subsection (2) must be in writing.\n- (a) a person was— (i) a works licence holder; or (ii) an associate of a works licence holder; and\n- (i) a works licence holder; or\n- (ii) an associate of a works licence holder; and\n- (b) the tenure— (i) expires; or (ii) is cancelled; or (iii) is surrendered; and\n- (i) expires; or\n- (ii) is cancelled; or\n- (iii) is surrendered; and\n- (c) an obligation associated with the tenure arising out of— (i) a tenure condition; or (ii) a direction given under section 387 ; or (iii) this Act or the regulations;\n- (i) a tenure condition; or\n- (ii) a direction given under section 387 ; or\n- (iii) this Act or the regulations;\n- (i) a works licence holder; or\n- (ii) an associate of a works licence holder; and\n- (i) expires; or\n- (ii) is cancelled; or\n- (iii) is surrendered; and\n- (i) a tenure condition; or\n- (ii) a direction given under section 387 ; or\n- (iii) this Act or the regulations;\n- (d) the person was bound by that obligation when the person was the works licence holder or an associate;\n- (a) any particular obligation under this section; or\n- (b) all the person’s remaining obligations under this section.","sortOrder":350},{"sectionNumber":"ch.2-pt.2.6","sectionType":"part","heading":"Special purpose consents","content":"# Special purpose consents","sortOrder":351},{"sectionNumber":"sec.315","sectionType":"section","heading":"Special purpose consents","content":"### sec.315 Special purpose consents\n\nA special purpose consent may be granted over—\na standard sub-block; or\na reserved sub-block; or\na tender sub-block.\nA special purpose consent may be granted over a sub-block even if the sub-block is in the tenure area of a tenure or the consent area of another special purpose consent.\nA special purpose consent can only be granted for—\na scientific investigation; or\na reconnaissance survey; or\nthe collection of small amounts of minerals.\nFor subsection (3) (b) , a reconnaissance survey is the exploration of an area to work out whether the area is sufficiently promising to justify more detailed exploration under an exploration permit.\n(sec.315-ssec.1) A special purpose consent may be granted over— a standard sub-block; or a reserved sub-block; or a tender sub-block.\n(sec.315-ssec.2) A special purpose consent may be granted over a sub-block even if the sub-block is in the tenure area of a tenure or the consent area of another special purpose consent.\n(sec.315-ssec.3) A special purpose consent can only be granted for— a scientific investigation; or a reconnaissance survey; or the collection of small amounts of minerals.\n(sec.315-ssec.4) For subsection (3) (b) , a reconnaissance survey is the exploration of an area to work out whether the area is sufficiently promising to justify more detailed exploration under an exploration permit.\n- (a) a standard sub-block; or\n- (b) a reserved sub-block; or\n- (c) a tender sub-block.\n- (a) a scientific investigation; or\n- (b) a reconnaissance survey; or\n- (c) the collection of small amounts of minerals.","sortOrder":352},{"sectionNumber":"sec.316","sectionType":"section","heading":"Activities authorised by a special purpose consent","content":"### sec.316 Activities authorised by a special purpose consent\n\nA special purpose consent holder may, under the consent—\nexplore for minerals in the consent area; and\ntake samples of or recover minerals in the consent area.\nUnder section 23 (1) the concept of exploration extends to activities that are directly related to exploration.\nUnder section 24 (1) the concept of recovery extends to activities that are directly related to the recovery of minerals.\nThe grant of a consent does not give the consent holder—\nany exclusive or proprietary rights over the sub-blocks covered by the consent; or\nany option or preference when it comes to the grant of a tenure over sub-blocks covered by the consent.\n(sec.316-ssec.1) A special purpose consent holder may, under the consent— explore for minerals in the consent area; and take samples of or recover minerals in the consent area. Under section 23 (1) the concept of exploration extends to activities that are directly related to exploration. Under section 24 (1) the concept of recovery extends to activities that are directly related to the recovery of minerals.\n(sec.316-ssec.2) The grant of a consent does not give the consent holder— any exclusive or proprietary rights over the sub-blocks covered by the consent; or any option or preference when it comes to the grant of a tenure over sub-blocks covered by the consent.\n- (a) explore for minerals in the consent area; and\n- (b) take samples of or recover minerals in the consent area.\n- (a) any exclusive or proprietary rights over the sub-blocks covered by the consent; or\n- (b) any option or preference when it comes to the grant of a tenure over sub-blocks covered by the consent.","sortOrder":353},{"sectionNumber":"sec.317","sectionType":"section","heading":"Application for a consent","content":"### sec.317 Application for a consent\n\nA person may apply to the Minister for a special purpose consent.","sortOrder":354},{"sectionNumber":"sec.318","sectionType":"section","heading":"How to apply","content":"### sec.318 How to apply\n\nThe application must—\nbe made in writing; and\ninclude details of the activities for which consent is being sought; and\nspecify the sub-blocks for which the consent is being sought.\nIf the activity involves the collection of only small amounts of minerals as mentioned in section 315 (3) (c) , the application must also specify—\nany mineral to be recovered; and\nthe proposed quantity of any mineral to be recovered.\n(sec.318-ssec.1) The application must— be made in writing; and include details of the activities for which consent is being sought; and specify the sub-blocks for which the consent is being sought.\n(sec.318-ssec.2) If the activity involves the collection of only small amounts of minerals as mentioned in section 315 (3) (c) , the application must also specify— any mineral to be recovered; and the proposed quantity of any mineral to be recovered.\n- (a) be made in writing; and\n- (b) include details of the activities for which consent is being sought; and\n- (c) specify the sub-blocks for which the consent is being sought.\n- (a) any mineral to be recovered; and\n- (b) the proposed quantity of any mineral to be recovered.","sortOrder":355},{"sectionNumber":"sec.319","sectionType":"section","heading":"Payment of fee","content":"### sec.319 Payment of fee\n\nThe applicant must pay the application fee prescribed under a regulation.\nThe fee must be paid when the application is made.\nThe Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.\n(sec.319-ssec.1) The applicant must pay the application fee prescribed under a regulation.\n(sec.319-ssec.2) The fee must be paid when the application is made.\n(sec.319-ssec.3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.","sortOrder":356},{"sectionNumber":"sec.320","sectionType":"section","heading":"Applicant must obtain agreement of exploration permit, mineral development licence and mining lease holders affected by the application","content":"### sec.320 Applicant must obtain agreement of exploration permit, mineral development licence and mining lease holders affected by the application\n\nSubject to subsection (3) , the applicant must obtain the agreement of interested tenure holders to the application.\nThe agreement must be in writing.\nThe agreement of an interested tenure holder is not necessary if—\nthe application is for a scientific investigation; and\nAustralia has obligations under international conventions to allow the investigation.\nFor this section, a tenure holder is interested if—\nthe holder holds an exploration permit, mineral development licence or mining lease; and\nthe sub-block concerned is inside the tenure area.\n(sec.320-ssec.1) Subject to subsection (3) , the applicant must obtain the agreement of interested tenure holders to the application.\n(sec.320-ssec.2) The agreement must be in writing.\n(sec.320-ssec.3) The agreement of an interested tenure holder is not necessary if— the application is for a scientific investigation; and Australia has obligations under international conventions to allow the investigation.\n(sec.320-ssec.4) For this section, a tenure holder is interested if— the holder holds an exploration permit, mineral development licence or mining lease; and the sub-block concerned is inside the tenure area.\n- (a) the application is for a scientific investigation; and\n- (b) Australia has obligations under international conventions to allow the investigation.\n- (a) the holder holds an exploration permit, mineral development licence or mining lease; and\n- (b) the sub-block concerned is inside the tenure area.","sortOrder":357},{"sectionNumber":"sec.321","sectionType":"section","heading":"Applicant to notify works licence holders affected by the application","content":"### sec.321 Applicant to notify works licence holders affected by the application\n\nThe applicant must notify interested works licence holders of the application.\nThe notice must—\nbe given to the interested works licence holders; and\ngive details of the special purpose consent applied for; and\ninvite the interested works licence holder to give comments to the Minister within 30 days after the day on which the notice was given.\nFor this section, a works licence holder is interested if the sub-block concerned is inside the works licence area.\n(sec.321-ssec.1) The applicant must notify interested works licence holders of the application.\n(sec.321-ssec.2) The notice must— be given to the interested works licence holders; and give details of the special purpose consent applied for; and invite the interested works licence holder to give comments to the Minister within 30 days after the day on which the notice was given.\n(sec.321-ssec.3) For this section, a works licence holder is interested if the sub-block concerned is inside the works licence area.\n- (a) be given to the interested works licence holders; and\n- (b) give details of the special purpose consent applied for; and\n- (c) invite the interested works licence holder to give comments to the Minister within 30 days after the day on which the notice was given.","sortOrder":358},{"sectionNumber":"sec.322","sectionType":"section","heading":"Section number not used","content":"### sec.322 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":359},{"sectionNumber":"sec.323","sectionType":"section","heading":"Minister may grant special purpose consent","content":"### sec.323 Minister may grant special purpose consent\n\nIf the applicant does what is required by sections 318 to 321 , the Minister may—\ngrant a special purpose consent to the applicant; or\nrefuse the application.\n- (a) grant a special purpose consent to the applicant; or\n- (b) refuse the application.","sortOrder":360},{"sectionNumber":"sec.324","sectionType":"section","heading":"Section number not used","content":"### sec.324 Section number not used\n\nSee note 2 to section 3 (1) .","sortOrder":361},{"sectionNumber":"sec.325","sectionType":"section","heading":"Matters to be specified in the consent","content":"### sec.325 Matters to be specified in the consent\n\nThe consent must specify—\nthe sub-blocks covered by the consent; and\nthe activities authorised by the consent; and\nthe period for which the consent is to have effect; and\nthe consent conditions.\nIf the activity involves the collection of only small amounts of minerals, the consent must also specify—\nthe minerals to be collected; and\nthe quantities to be collected.\nSee section 315 (3) (c) .\nThe period specified under subsection (1) (c) must not be more than 12 months.\n(sec.325-ssec.1) The consent must specify— the sub-blocks covered by the consent; and the activities authorised by the consent; and the period for which the consent is to have effect; and the consent conditions.\n(sec.325-ssec.2) If the activity involves the collection of only small amounts of minerals, the consent must also specify— the minerals to be collected; and the quantities to be collected. See section 315 (3) (c) .\n(sec.325-ssec.3) The period specified under subsection (1) (c) must not be more than 12 months.\n- (a) the sub-blocks covered by the consent; and\n- (b) the activities authorised by the consent; and\n- (c) the period for which the consent is to have effect; and\n- (d) the consent conditions.\n- (a) the minerals to be collected; and\n- (b) the quantities to be collected.","sortOrder":362},{"sectionNumber":"sec.326","sectionType":"section","heading":"Duration of consent","content":"### sec.326 Duration of consent\n\nA consent has effect for the period specified under section 325 (1) (c) .","sortOrder":363},{"sectionNumber":"sec.327","sectionType":"section","heading":"Conditions of consent","content":"### sec.327 Conditions of consent\n\nThe Minister may grant a special purpose consent subject to whatever conditions the Minister considers appropriate.\nWithout limiting subsection (1) , the Minister may impose conditions about—\nreports to be provided by the consent holder about activities carried out under the consent; and\nenvironmental matters.\n(sec.327-ssec.1) The Minister may grant a special purpose consent subject to whatever conditions the Minister considers appropriate.\n(sec.327-ssec.2) Without limiting subsection (1) , the Minister may impose conditions about— reports to be provided by the consent holder about activities carried out under the consent; and environmental matters.\n- (a) reports to be provided by the consent holder about activities carried out under the consent; and\n- (b) environmental matters.","sortOrder":364},{"sectionNumber":"ch.3-pt.3.1","sectionType":"part","heading":"Registration","content":"# Registration","sortOrder":365},{"sectionNumber":"ch.3-pt.3.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":366},{"sectionNumber":"sec.328","sectionType":"section","heading":"Register to be kept","content":"### sec.328 Register to be kept\n\nThe Minister must keep a register for this part.\nThe main matters entered in the register are—\nthe grant or renewal of a tenure (see sections 333 and 334 );\ndetails of instruments that affect a tenure (see section 337 );\ndetails of instruments that affect an interest in a tenure (see sections 338 and 339 );\ndetails of interests in a tenure that are acquired by devolution (see section 340 );\ndetails of caveats (see section 345 ).\nThe register is to be known as the State Offshore Mining Register.\n(sec.328-ssec.1) The Minister must keep a register for this part. The main matters entered in the register are— the grant or renewal of a tenure (see sections 333 and 334 ); details of instruments that affect a tenure (see section 337 ); details of instruments that affect an interest in a tenure (see sections 338 and 339 ); details of interests in a tenure that are acquired by devolution (see section 340 ); details of caveats (see section 345 ).\n(sec.328-ssec.2) The register is to be known as the State Offshore Mining Register.\n- • the grant or renewal of a tenure (see sections 333 and 334 );\n- • details of instruments that affect a tenure (see section 337 );\n- • details of instruments that affect an interest in a tenure (see sections 338 and 339 );\n- • details of interests in a tenure that are acquired by devolution (see section 340 );\n- • details of caveats (see section 345 ).","sortOrder":367},{"sectionNumber":"sec.329","sectionType":"section","heading":"Document files to be kept","content":"### sec.329 Document files to be kept\n\nThe Minister must keep a document file for this part.\nIn the document file are to be kept the documents that the Minister is required to keep under this part.\nThe documents to be kept in the document file are—\ncopies of tenures (see section 333 (6) );\ncopies of instruments that affect tenures (see section 337 (4) );\ncopies of transfers of tenures (see section 338 (6) );\ncopies of other dealings in tenures (see section 339 (4) );\ncaveats (see section 345 (3) );\nwithdrawals of caveats (see section 346 (2) );\nconsents to dealings given under section 350 (see section 350 (6) );\ncopies of court orders (see section 351 ).\n(sec.329-ssec.1) The Minister must keep a document file for this part.\n(sec.329-ssec.2) In the document file are to be kept the documents that the Minister is required to keep under this part. The documents to be kept in the document file are— copies of tenures (see section 333 (6) ); copies of instruments that affect tenures (see section 337 (4) ); copies of transfers of tenures (see section 338 (6) ); copies of other dealings in tenures (see section 339 (4) ); caveats (see section 345 (3) ); withdrawals of caveats (see section 346 (2) ); consents to dealings given under section 350 (see section 350 (6) ); copies of court orders (see section 351 ).\n- • copies of tenures (see section 333 (6) );\n- • copies of instruments that affect tenures (see section 337 (4) );\n- • copies of transfers of tenures (see section 338 (6) );\n- • copies of other dealings in tenures (see section 339 (4) );\n- • caveats (see section 345 (3) );\n- • withdrawals of caveats (see section 346 (2) );\n- • consents to dealings given under section 350 (see section 350 (6) );\n- • copies of court orders (see section 351 ).","sortOrder":368},{"sectionNumber":"sec.330","sectionType":"section","heading":"Form of register and document file","content":"### sec.330 Form of register and document file\n\nThe offshore mining register must be kept in the form and the way decided by the Minister.\nWithout limiting subsection (1) , the offshore mining register may be kept in the form of a computer record.\nThe document file must be kept in the form and the way decided by the Minister.\n(sec.330-ssec.1) The offshore mining register must be kept in the form and the way decided by the Minister.\n(sec.330-ssec.2) Without limiting subsection (1) , the offshore mining register may be kept in the form of a computer record.\n(sec.330-ssec.3) The document file must be kept in the form and the way decided by the Minister.","sortOrder":369},{"sectionNumber":"sec.331","sectionType":"section","heading":"Correction of errors in the register","content":"### sec.331 Correction of errors in the register\n\nSubject to subsection (4) , the Minister may correct the offshore mining register if the Minister is satisfied that—\nthere is an omission of an entry from the register; or\nan entry in the register should not have been made; or\nthere is an error or defect in an entry in the register.\nA person may apply to the Minister for correction of the offshore mining register under subsection (1) .\nThe application—\nmust be in writing; and\nmust specify the correction that is being requested.\nIf—\nthe Minister intends to correct the offshore mining register under subsection (1) ; and\nthe correction relates to a tenure; and\nthe correction is not to be made in response to an application under subsection (2) by the tenure holder;\nthe Minister must give the holder notice that the Minister intends to correct the register.\nThe notice must—\nspecify the correction the Minister intends to make; and\ninvite the holder to make submissions to the Minister about the proposed correction within the period specified in the notice.\nThe period specified under subsection (5) (b) must be at least 14 days after the day on which the notice is given.\nIf a notice is given under subsection (4) —\nthe Minister must not correct the register until the period specified in the notice has ended; and\nthe Minister must have regard to any submissions made by the tenure holder before the end of that period in exercising the power under subsection (1) to correct the register.\n(sec.331-ssec.1) Subject to subsection (4) , the Minister may correct the offshore mining register if the Minister is satisfied that— there is an omission of an entry from the register; or an entry in the register should not have been made; or there is an error or defect in an entry in the register.\n(sec.331-ssec.2) A person may apply to the Minister for correction of the offshore mining register under subsection (1) .\n(sec.331-ssec.3) The application— must be in writing; and must specify the correction that is being requested.\n(sec.331-ssec.4) If— the Minister intends to correct the offshore mining register under subsection (1) ; and the correction relates to a tenure; and the correction is not to be made in response to an application under subsection (2) by the tenure holder; the Minister must give the holder notice that the Minister intends to correct the register.\n(sec.331-ssec.5) The notice must— specify the correction the Minister intends to make; and invite the holder to make submissions to the Minister about the proposed correction within the period specified in the notice.\n(sec.331-ssec.6) The period specified under subsection (5) (b) must be at least 14 days after the day on which the notice is given.\n(sec.331-ssec.7) If a notice is given under subsection (4) — the Minister must not correct the register until the period specified in the notice has ended; and the Minister must have regard to any submissions made by the tenure holder before the end of that period in exercising the power under subsection (1) to correct the register.\n- (a) there is an omission of an entry from the register; or\n- (b) an entry in the register should not have been made; or\n- (c) there is an error or defect in an entry in the register.\n- (a) must be in writing; and\n- (b) must specify the correction that is being requested.\n- (a) the Minister intends to correct the offshore mining register under subsection (1) ; and\n- (b) the correction relates to a tenure; and\n- (c) the correction is not to be made in response to an application under subsection (2) by the tenure holder;\n- (a) specify the correction the Minister intends to make; and\n- (b) invite the holder to make submissions to the Minister about the proposed correction within the period specified in the notice.\n- (a) the Minister must not correct the register until the period specified in the notice has ended; and\n- (b) the Minister must have regard to any submissions made by the tenure holder before the end of that period in exercising the power under subsection (1) to correct the register.","sortOrder":370},{"sectionNumber":"sec.332","sectionType":"section","heading":"Inspection of register and documents","content":"### sec.332 Inspection of register and documents\n\nA person may inspect the offshore mining register and the document file if the person pays the fee prescribed under a regulation.\nThe Minister must make the offshore mining register and the document file available for inspection at all convenient times.\n(sec.332-ssec.1) A person may inspect the offshore mining register and the document file if the person pays the fee prescribed under a regulation.\n(sec.332-ssec.2) The Minister must make the offshore mining register and the document file available for inspection at all convenient times.","sortOrder":371},{"sectionNumber":"ch.3-pt.3.1-div.2","sectionType":"division","heading":"Matters to be entered in register","content":"## Matters to be entered in register","sortOrder":372},{"sectionNumber":"sec.333","sectionType":"section","heading":"Tenures","content":"### sec.333 Tenures\n\nIf the provisional grant of a tenure is properly accepted, the Minister must register—\nthe holder’s name; and\nif there is more than one tenure holder—the share in the tenure held by each holder; and\na description of the tenure area, including a map or map reference; and\nthe term of the tenure; and\nthe date of the provisional grant of the tenure; and\nthe date of registration of the tenure; and\nan address for the service of notices under this Act on the tenure holder.\nThe address registered under subsection (1) (g) must be the address specified by the tenure holder by notice to the Minister.\nIf the holder has not given a notice under subsection (2) , the address to be registered under subsection (1) (g) must be the address specified in the application that the holder made for the tenure.\nIf the Minister registers a tenure under subsection (1) —\nthe tenure holder must give the tenure to the Minister; and\nthe Minister must endorse the date of registration on the tenure.\nThe Minister may include in the register any other information about the holder or the terms and conditions of the tenure that the Minister considers appropriate.\nThe Minister must keep a copy of the tenure.\nA tenure is taken to be registered as soon as an entry complying with subsection (1) is made in the register.\n(sec.333-ssec.1) If the provisional grant of a tenure is properly accepted, the Minister must register— the holder’s name; and if there is more than one tenure holder—the share in the tenure held by each holder; and a description of the tenure area, including a map or map reference; and the term of the tenure; and the date of the provisional grant of the tenure; and the date of registration of the tenure; and an address for the service of notices under this Act on the tenure holder.\n(sec.333-ssec.2) The address registered under subsection (1) (g) must be the address specified by the tenure holder by notice to the Minister.\n(sec.333-ssec.3) If the holder has not given a notice under subsection (2) , the address to be registered under subsection (1) (g) must be the address specified in the application that the holder made for the tenure.\n(sec.333-ssec.4) If the Minister registers a tenure under subsection (1) — the tenure holder must give the tenure to the Minister; and the Minister must endorse the date of registration on the tenure.\n(sec.333-ssec.5) The Minister may include in the register any other information about the holder or the terms and conditions of the tenure that the Minister considers appropriate.\n(sec.333-ssec.6) The Minister must keep a copy of the tenure.\n(sec.333-ssec.7) A tenure is taken to be registered as soon as an entry complying with subsection (1) is made in the register.\n- (a) the holder’s name; and\n- (b) if there is more than one tenure holder—the share in the tenure held by each holder; and\n- (c) a description of the tenure area, including a map or map reference; and\n- (d) the term of the tenure; and\n- (e) the date of the provisional grant of the tenure; and\n- (f) the date of registration of the tenure; and\n- (g) an address for the service of notices under this Act on the tenure holder.\n- (a) the tenure holder must give the tenure to the Minister; and\n- (b) the Minister must endorse the date of registration on the tenure.","sortOrder":373},{"sectionNumber":"sec.334","sectionType":"section","heading":"Renewal of tenures","content":"### sec.334 Renewal of tenures\n\nIf the Minister receives an application for the renewal of a tenure, the Minister must register the fact.\nIf the provisional renewal of a tenure is properly accepted, the Minister must register—\nthe renewal; and\nthe term of the renewal; and\nthe date of the provisional renewal; and\nthe date of registration of the renewal.\nIf the Minister registers the renewal of a tenure under subsection (2) —\nthe tenure holder must give the tenure to the Minister; and\nthe Minister must endorse on the tenure—\nthe term of the renewal; and\nthe date of registration of the renewal.\nIf the Minister refuses to renew a tenure, the Minister must register the refusal.\n(sec.334-ssec.1) If the Minister receives an application for the renewal of a tenure, the Minister must register the fact.\n(sec.334-ssec.2) If the provisional renewal of a tenure is properly accepted, the Minister must register— the renewal; and the term of the renewal; and the date of the provisional renewal; and the date of registration of the renewal.\n(sec.334-ssec.3) If the Minister registers the renewal of a tenure under subsection (2) — the tenure holder must give the tenure to the Minister; and the Minister must endorse on the tenure— the term of the renewal; and the date of registration of the renewal.\n(sec.334-ssec.4) If the Minister refuses to renew a tenure, the Minister must register the refusal.\n- (a) the renewal; and\n- (b) the term of the renewal; and\n- (c) the date of the provisional renewal; and\n- (d) the date of registration of the renewal.\n- (a) the tenure holder must give the tenure to the Minister; and\n- (b) the Minister must endorse on the tenure— (i) the term of the renewal; and (ii) the date of registration of the renewal.\n- (i) the term of the renewal; and\n- (ii) the date of registration of the renewal.\n- (i) the term of the renewal; and\n- (ii) the date of registration of the renewal.","sortOrder":374},{"sectionNumber":"sec.335","sectionType":"section","heading":"Extension of exploration permits","content":"### sec.335 Extension of exploration permits\n\nIf the Minister receives an application for the extension of the term of an exploration permit, the Minister must register the fact.\nIf the Minister refuses to extend the term of an exploration permit, the Minister must register the refusal.\nFor extensions of the term of a tenure see sections 94 to 98 .\nThe grant of the extension of the term of an exploration permit is registered under section 337 (1) .\n(sec.335-ssec.1) If the Minister receives an application for the extension of the term of an exploration permit, the Minister must register the fact.\n(sec.335-ssec.2) If the Minister refuses to extend the term of an exploration permit, the Minister must register the refusal. For extensions of the term of a tenure see sections 94 to 98 . The grant of the extension of the term of an exploration permit is registered under section 337 (1) .","sortOrder":375},{"sectionNumber":"sec.336","sectionType":"section","heading":"Expiry of tenures","content":"### sec.336 Expiry of tenures\n\nIf a tenure expires because—\nits term ends; or\na mineral development licence or mining lease is granted to the tenure holder;\nthe Minister must register the expiry of the tenure.\nCancellation is dealt with under section 337 .\nIn subsection (1) (a) , the reference to the term of a tenure includes any period during which the tenure is in force under section 90 , 91 , 92 or 93 .\nIf the Minister registers the expiry of a tenure under subsection (1) —\nthe tenure holder must give the tenure to the Minister; and\nthe Minister must endorse the expiry and the date of the expiry on the tenure.\n(sec.336-ssec.1) If a tenure expires because— its term ends; or a mineral development licence or mining lease is granted to the tenure holder; the Minister must register the expiry of the tenure. Cancellation is dealt with under section 337 .\n(sec.336-ssec.2) In subsection (1) (a) , the reference to the term of a tenure includes any period during which the tenure is in force under section 90 , 91 , 92 or 93 .\n(sec.336-ssec.3) If the Minister registers the expiry of a tenure under subsection (1) — the tenure holder must give the tenure to the Minister; and the Minister must endorse the expiry and the date of the expiry on the tenure.\n- (a) its term ends; or\n- (b) a mineral development licence or mining lease is granted to the tenure holder;\n- (a) the tenure holder must give the tenure to the Minister; and\n- (b) the Minister must endorse the expiry and the date of the expiry on the tenure.","sortOrder":376},{"sectionNumber":"sec.337","sectionType":"section","heading":"Amendments etc. to tenures","content":"### sec.337 Amendments etc. to tenures\n\nThe Minister must register—\nthe details of any document under this Act that amends, surrenders, cancels or otherwise affects a tenure; and\nthe details of any document that amends or revokes a document referred to in paragraph (a) .\nThe documents referred to in paragraph (a) are—\nsuspension of tenure rights (see sections 48 (exploration permit), 135 (mineral development licence) and 195 (mining lease));\namendment of tenure conditions between provisional grant and registration (see sections 67 (exploration permit), 148 (mineral development licence), 211 (mining lease) and 280 (works licence))—these need to be registered at the same time as the grant is registered because, if the conditions are amended between provisional grant and registration, a replacement tenure reflecting the change in conditions is not issued to the provisional holder;\nextension of term (see sections 90 , 95 and 97 (exploration permit));\nsurrender of the whole or a part of a tenure (see sections 99 and 127 (exploration permit), 158 and 187 (mineral development licence), 235 and 264 (mining lease) and 312 (works licence));\nvoluntary surrender—special approval (see section 100 (exploration permit));\nmandatory reduction of tenure area—special permission (see section 104 (exploration permit));\namendment of tenure conditions between provisional renewal and registration (see sections 111 (exploration permit), 170 (mineral development licence), 247 (mining lease) and 297 (works licence))—these need to be registered at the same time as the renewal because, if the tenure conditions are amended between provisional renewal and registration, a replacement tenure reflecting the changed conditions is not issued to the holder;\namendment of conditions (see sections 120 (exploration permit), 179 (mineral development licence), 256 (mining lease) and 306 (works licence));\nexemption from or suspension of conditions (see sections 121 (exploration permit), 180 (mineral development licence), 257 (mining lease) and 307 (works licence));\ncancellation (see sections 130 (exploration permit), 189 and 190 (mineral development licence), 265 (mining lease) and 313 (works licence));\ndirections (see sections 387 and 392 );\nsecurity requirements (see section 399 );\napprovals of transfers (see section 365 ).\nSubsection (1) (a) applies to a document that suspends the rights of a holder of a tenure.\nDetails of a document may be registered by registering a summary of the contents of the document.\nThe Minister must keep a document referred to in subsection (1) , or a copy of the document.\nA document referred to in subsection (1) —\nhas no effect until it is registered; and\nis taken to be registered as soon as an entry complying with subsection (1) is made in the register.\n(sec.337-ssec.1) The Minister must register— the details of any document under this Act that amends, surrenders, cancels or otherwise affects a tenure; and the details of any document that amends or revokes a document referred to in paragraph (a) . The documents referred to in paragraph (a) are— suspension of tenure rights (see sections 48 (exploration permit), 135 (mineral development licence) and 195 (mining lease)); amendment of tenure conditions between provisional grant and registration (see sections 67 (exploration permit), 148 (mineral development licence), 211 (mining lease) and 280 (works licence))—these need to be registered at the same time as the grant is registered because, if the conditions are amended between provisional grant and registration, a replacement tenure reflecting the change in conditions is not issued to the provisional holder; extension of term (see sections 90 , 95 and 97 (exploration permit)); surrender of the whole or a part of a tenure (see sections 99 and 127 (exploration permit), 158 and 187 (mineral development licence), 235 and 264 (mining lease) and 312 (works licence)); voluntary surrender—special approval (see section 100 (exploration permit)); mandatory reduction of tenure area—special permission (see section 104 (exploration permit)); amendment of tenure conditions between provisional renewal and registration (see sections 111 (exploration permit), 170 (mineral development licence), 247 (mining lease) and 297 (works licence))—these need to be registered at the same time as the renewal because, if the tenure conditions are amended between provisional renewal and registration, a replacement tenure reflecting the changed conditions is not issued to the holder; amendment of conditions (see sections 120 (exploration permit), 179 (mineral development licence), 256 (mining lease) and 306 (works licence)); exemption from or suspension of conditions (see sections 121 (exploration permit), 180 (mineral development licence), 257 (mining lease) and 307 (works licence)); cancellation (see sections 130 (exploration permit), 189 and 190 (mineral development licence), 265 (mining lease) and 313 (works licence)); directions (see sections 387 and 392 ); security requirements (see section 399 ); approvals of transfers (see section 365 ).\n(sec.337-ssec.2) Subsection (1) (a) applies to a document that suspends the rights of a holder of a tenure.\n(sec.337-ssec.3) Details of a document may be registered by registering a summary of the contents of the document.\n(sec.337-ssec.4) The Minister must keep a document referred to in subsection (1) , or a copy of the document.\n(sec.337-ssec.5) A document referred to in subsection (1) — has no effect until it is registered; and is taken to be registered as soon as an entry complying with subsection (1) is made in the register.\n- (a) the details of any document under this Act that amends, surrenders, cancels or otherwise affects a tenure; and\n- (b) the details of any document that amends or revokes a document referred to in paragraph (a) .\n- • suspension of tenure rights (see sections 48 (exploration permit), 135 (mineral development licence) and 195 (mining lease));\n- • amendment of tenure conditions between provisional grant and registration (see sections 67 (exploration permit), 148 (mineral development licence), 211 (mining lease) and 280 (works licence))—these need to be registered at the same time as the grant is registered because, if the conditions are amended between provisional grant and registration, a replacement tenure reflecting the change in conditions is not issued to the provisional holder;\n- • extension of term (see sections 90 , 95 and 97 (exploration permit));\n- • surrender of the whole or a part of a tenure (see sections 99 and 127 (exploration permit), 158 and 187 (mineral development licence), 235 and 264 (mining lease) and 312 (works licence));\n- • voluntary surrender—special approval (see section 100 (exploration permit));\n- • mandatory reduction of tenure area—special permission (see section 104 (exploration permit));\n- • amendment of tenure conditions between provisional renewal and registration (see sections 111 (exploration permit), 170 (mineral development licence), 247 (mining lease) and 297 (works licence))—these need to be registered at the same time as the renewal because, if the tenure conditions are amended between provisional renewal and registration, a replacement tenure reflecting the changed conditions is not issued to the holder;\n- • amendment of conditions (see sections 120 (exploration permit), 179 (mineral development licence), 256 (mining lease) and 306 (works licence));\n- • exemption from or suspension of conditions (see sections 121 (exploration permit), 180 (mineral development licence), 257 (mining lease) and 307 (works licence));\n- • cancellation (see sections 130 (exploration permit), 189 and 190 (mineral development licence), 265 (mining lease) and 313 (works licence));\n- • directions (see sections 387 and 392 );\n- • security requirements (see section 399 );\n- • approvals of transfers (see section 365 ).\n- (a) has no effect until it is registered; and\n- (b) is taken to be registered as soon as an entry complying with subsection (1) is made in the register.","sortOrder":377},{"sectionNumber":"sec.338","sectionType":"section","heading":"Transfer of tenures","content":"### sec.338 Transfer of tenures\n\nThe Minister must register the transfer of a tenure or a share in a tenure if—\na party to the transfer lodges the instrument of transfer for registration; and\na party to the transfer lodges a copy of the instrument of transfer; and\nthe transfer has been approved by the Minister; and\nthe tenure is lodged with the Minister for annotation under subsection (5) ; and\nthe fee prescribed under a regulation is paid; and\nsection 341 does not prevent the registration of the transfer.\nParagraph (c) —the Minister’s approval is endorsed on the transfer (see section 365 (3) ).\nThe Minister must also register the date and time of registration of the transfer.\nIf an instrument purports to transfer a tenure or a share in a tenure, the Minister must register the instrument under this section without inquiring into or being concerned as to the legal effectiveness of the instrument.\nIf an instrument that transfers a tenure or a share in a tenure is registered, the Minister must register the name of the transferee as a tenure holder.\nIf the Minister registers the transfer of a tenure or a share in a tenure, the Minister must annotate the tenure to show the transferee as a tenure holder.\nThe Minister must—\nkeep the copy of the transfer; and\nreturn the transfer to the person who lodged it; and\nreturn the annotated tenure to the person who lodged it.\nThe registration of a document under this section does not give the document any greater effect than it would have had apart from this Act.\n(sec.338-ssec.1) The Minister must register the transfer of a tenure or a share in a tenure if— a party to the transfer lodges the instrument of transfer for registration; and a party to the transfer lodges a copy of the instrument of transfer; and the transfer has been approved by the Minister; and the tenure is lodged with the Minister for annotation under subsection (5) ; and the fee prescribed under a regulation is paid; and section 341 does not prevent the registration of the transfer. Paragraph (c) —the Minister’s approval is endorsed on the transfer (see section 365 (3) ).\n(sec.338-ssec.2) The Minister must also register the date and time of registration of the transfer.\n(sec.338-ssec.3) If an instrument purports to transfer a tenure or a share in a tenure, the Minister must register the instrument under this section without inquiring into or being concerned as to the legal effectiveness of the instrument.\n(sec.338-ssec.4) If an instrument that transfers a tenure or a share in a tenure is registered, the Minister must register the name of the transferee as a tenure holder.\n(sec.338-ssec.5) If the Minister registers the transfer of a tenure or a share in a tenure, the Minister must annotate the tenure to show the transferee as a tenure holder.\n(sec.338-ssec.6) The Minister must— keep the copy of the transfer; and return the transfer to the person who lodged it; and return the annotated tenure to the person who lodged it.\n(sec.338-ssec.7) The registration of a document under this section does not give the document any greater effect than it would have had apart from this Act.\n- (a) a party to the transfer lodges the instrument of transfer for registration; and\n- (b) a party to the transfer lodges a copy of the instrument of transfer; and\n- (c) the transfer has been approved by the Minister; and\n- (d) the tenure is lodged with the Minister for annotation under subsection (5) ; and\n- (e) the fee prescribed under a regulation is paid; and\n- (f) section 341 does not prevent the registration of the transfer.\n- (a) keep the copy of the transfer; and\n- (b) return the transfer to the person who lodged it; and\n- (c) return the annotated tenure to the person who lodged it.","sortOrder":378},{"sectionNumber":"sec.339","sectionType":"section","heading":"Other dealings in tenures","content":"### sec.339 Other dealings in tenures\n\nThe Minister must register a document (other than a transfer of a tenure or a share in a tenure) that creates, transfers, affects or otherwise deals with an interest in a tenure if—\na party to the dealing lodges the document for registration; and\na party to the dealing lodges a copy of the document; and\nthe fee prescribed under a regulation is paid; and\nsection 341 does not prevent the registration of the dealing.\nThe Minister must also register the date and time of registration of the dealing.\nIf a document purports to create, transfer, affect or otherwise deal with an interest in a tenure, the Minister must register the document under this section without inquiring into or being concerned as to the legal effectiveness of the document.\nThe Minister must keep the copy of the document.\nThe Minister must return the document to the person who lodged it.\nThe registration of a document under this section does not give the document any greater effect than it would have had apart from this Act.\n(sec.339-ssec.1) The Minister must register a document (other than a transfer of a tenure or a share in a tenure) that creates, transfers, affects or otherwise deals with an interest in a tenure if— a party to the dealing lodges the document for registration; and a party to the dealing lodges a copy of the document; and the fee prescribed under a regulation is paid; and section 341 does not prevent the registration of the dealing.\n(sec.339-ssec.2) The Minister must also register the date and time of registration of the dealing.\n(sec.339-ssec.3) If a document purports to create, transfer, affect or otherwise deal with an interest in a tenure, the Minister must register the document under this section without inquiring into or being concerned as to the legal effectiveness of the document.\n(sec.339-ssec.4) The Minister must keep the copy of the document.\n(sec.339-ssec.5) The Minister must return the document to the person who lodged it.\n(sec.339-ssec.6) The registration of a document under this section does not give the document any greater effect than it would have had apart from this Act.\n- (a) a party to the dealing lodges the document for registration; and\n- (b) a party to the dealing lodges a copy of the document; and\n- (c) the fee prescribed under a regulation is paid; and\n- (d) section 341 does not prevent the registration of the dealing.","sortOrder":379},{"sectionNumber":"sec.340","sectionType":"section","heading":"Devolution of tenures","content":"### sec.340 Devolution of tenures\n\nIf—\nthe rights of a tenure holder have devolved to a person by operation of law; and\nthe person applies to the Minister in writing to be registered as a tenure holder; and\nthe tenure is lodged with the Minister for annotation under subsection (3) ; and\nthe person pays the fee prescribed under a regulation; and\nthe Minister is satisfied that the applicant is entitled to those rights; and\nsection 341 does not prevent the registration of the person as a tenure holder;\nthe Minister must register the person as a tenure holder.\nIf the Minister registers a person as a tenure holder under subsection (1) , the Minister must also register the date and time of registration.\nIf the Minister registers a person as a tenure holder under subsection (1) , the Minister must annotate the tenure accordingly.\nThe Minister must return the annotated tenure to the person who lodged it.\nThis section applies to 2 or more persons to whom rights have devolved in the same way as it applies to a single person to whom rights have devolved.\n(sec.340-ssec.1) If— the rights of a tenure holder have devolved to a person by operation of law; and the person applies to the Minister in writing to be registered as a tenure holder; and the tenure is lodged with the Minister for annotation under subsection (3) ; and the person pays the fee prescribed under a regulation; and the Minister is satisfied that the applicant is entitled to those rights; and section 341 does not prevent the registration of the person as a tenure holder; the Minister must register the person as a tenure holder.\n(sec.340-ssec.2) If the Minister registers a person as a tenure holder under subsection (1) , the Minister must also register the date and time of registration.\n(sec.340-ssec.3) If the Minister registers a person as a tenure holder under subsection (1) , the Minister must annotate the tenure accordingly.\n(sec.340-ssec.4) The Minister must return the annotated tenure to the person who lodged it.\n(sec.340-ssec.5) This section applies to 2 or more persons to whom rights have devolved in the same way as it applies to a single person to whom rights have devolved.\n- (a) the rights of a tenure holder have devolved to a person by operation of law; and\n- (b) the person applies to the Minister in writing to be registered as a tenure holder; and\n- (c) the tenure is lodged with the Minister for annotation under subsection (3) ; and\n- (d) the person pays the fee prescribed under a regulation; and\n- (e) the Minister is satisfied that the applicant is entitled to those rights; and\n- (f) section 341 does not prevent the registration of the person as a tenure holder;","sortOrder":380},{"sectionNumber":"sec.341","sectionType":"section","heading":"Effect of a caveat","content":"### sec.341 Effect of a caveat\n\nIf a caveat is in force on a tenure, the Minister must not register a dealing in the tenure unless—\nthe Minister is not required to give the caveat holder notice of the particular dealing; or\nthe caveat holder consents to the registration of the dealing under section 350 ; or\nthe Wardens Court orders the Minister to register the dealing under section 338 or 339 despite the caveat.\nFor dealing see the dictionary.\nOnce the caveat holder has been given notice of the dealing, the caveat will lapse at the end of 30 days unless the caveat holder consents to the registration of the dealing or gets a court order extending the life of the caveat (see section 348 ).\nThe Minister may not be required to give the caveat holder notice of the dealing because the caveat holder is a party to the dealing or because the dealing falls outside the class of dealings that the caveat holder has specified under section 343 (2) (see section 349 (6) ).\nIf a caveat is in force on a tenure, the Minister must not register a person under section 340 as a tenure holder unless—\nthe caveat holder consents to the registration under section 350 ; or\nthe Wardens Court orders the Minister to register the person under section 340 despite the caveat.\nOnce the caveat holder has been given notice, the caveat will lapse at the end of 30 days unless the caveat holder consents to the registration or gets a court order extending the life of the caveat.\n(sec.341-ssec.1) If a caveat is in force on a tenure, the Minister must not register a dealing in the tenure unless— the Minister is not required to give the caveat holder notice of the particular dealing; or the caveat holder consents to the registration of the dealing under section 350 ; or the Wardens Court orders the Minister to register the dealing under section 338 or 339 despite the caveat. For dealing see the dictionary. Once the caveat holder has been given notice of the dealing, the caveat will lapse at the end of 30 days unless the caveat holder consents to the registration of the dealing or gets a court order extending the life of the caveat (see section 348 ). The Minister may not be required to give the caveat holder notice of the dealing because the caveat holder is a party to the dealing or because the dealing falls outside the class of dealings that the caveat holder has specified under section 343 (2) (see section 349 (6) ).\n(sec.341-ssec.2) If a caveat is in force on a tenure, the Minister must not register a person under section 340 as a tenure holder unless— the caveat holder consents to the registration under section 350 ; or the Wardens Court orders the Minister to register the person under section 340 despite the caveat. Once the caveat holder has been given notice, the caveat will lapse at the end of 30 days unless the caveat holder consents to the registration or gets a court order extending the life of the caveat.\n- (a) the Minister is not required to give the caveat holder notice of the particular dealing; or\n- (b) the caveat holder consents to the registration of the dealing under section 350 ; or\n- (c) the Wardens Court orders the Minister to register the dealing under section 338 or 339 despite the caveat.\n- (a) the caveat holder consents to the registration under section 350 ; or\n- (b) the Wardens Court orders the Minister to register the person under section 340 despite the caveat.","sortOrder":381},{"sectionNumber":"sec.342","sectionType":"section","heading":"Lodgment of caveats","content":"### sec.342 Lodgment of caveats\n\nA person who claims a legal or equitable interest in or affecting a tenure may lodge with the Minister a caveat on the tenure.\nA person may claim a legal or equitable interest in or affecting a tenure even if the interest claimed arises under a document that has not been registered under section 338 or 339 .\n(sec.342-ssec.1) A person who claims a legal or equitable interest in or affecting a tenure may lodge with the Minister a caveat on the tenure.\n(sec.342-ssec.2) A person may claim a legal or equitable interest in or affecting a tenure even if the interest claimed arises under a document that has not been registered under section 338 or 339 .","sortOrder":382},{"sectionNumber":"sec.343","sectionType":"section","heading":"Form of caveat","content":"### sec.343 Form of caveat\n\nA caveat must—\nbe in accordance with the approved form; and\nstate—\nthe full name and address of the person claiming the interest; and\ndetails of the interest claimed; and\nbe signed by the person claiming the interest; and\nspecify an address for service of notices within the State.\nA caveat may specify the particular dealings that the caveat holder wants to be given notice of under section 349 .\n(sec.343-ssec.1) A caveat must— be in accordance with the approved form; and state— the full name and address of the person claiming the interest; and details of the interest claimed; and be signed by the person claiming the interest; and specify an address for service of notices within the State.\n(sec.343-ssec.2) A caveat may specify the particular dealings that the caveat holder wants to be given notice of under section 349 .\n- (a) be in accordance with the approved form; and\n- (b) state— (i) the full name and address of the person claiming the interest; and (ii) details of the interest claimed; and\n- (i) the full name and address of the person claiming the interest; and\n- (ii) details of the interest claimed; and\n- (c) be signed by the person claiming the interest; and\n- (d) specify an address for service of notices within the State.\n- (i) the full name and address of the person claiming the interest; and\n- (ii) details of the interest claimed; and","sortOrder":383},{"sectionNumber":"sec.344","sectionType":"section","heading":"Payment of fee","content":"### sec.344 Payment of fee\n\nThe person lodging a caveat must pay the caveat fee that is prescribed under a regulation.","sortOrder":384},{"sectionNumber":"sec.345","sectionType":"section","heading":"Caveat to be registered","content":"### sec.345 Caveat to be registered\n\nIf—\na caveat is lodged for registration; and\nthe caveat complies with section 343 ; and\nthe person lodging the caveat pays the fee required by section 344 ;\nthe Minister must, subject to subsection (4) , register the caveat.\nThe Minister must register the date and time of lodgment.\nThe Minister must keep the original of the caveat and endorse on it the date and time of lodgment.\nSubsection (1) does not apply if—\nthe Wardens Court has made an order under section 351 (2) ; and\nthe order requires the court’s consent to the registration of the caveat; and\nthe court has not consented to the registration of the caveat.\n(sec.345-ssec.1) If— a caveat is lodged for registration; and the caveat complies with section 343 ; and the person lodging the caveat pays the fee required by section 344 ; the Minister must, subject to subsection (4) , register the caveat.\n(sec.345-ssec.2) The Minister must register the date and time of lodgment.\n(sec.345-ssec.3) The Minister must keep the original of the caveat and endorse on it the date and time of lodgment.\n(sec.345-ssec.4) Subsection (1) does not apply if— the Wardens Court has made an order under section 351 (2) ; and the order requires the court’s consent to the registration of the caveat; and the court has not consented to the registration of the caveat.\n- (a) a caveat is lodged for registration; and\n- (b) the caveat complies with section 343 ; and\n- (c) the person lodging the caveat pays the fee required by section 344 ;\n- (a) the Wardens Court has made an order under section 351 (2) ; and\n- (b) the order requires the court’s consent to the registration of the caveat; and\n- (c) the court has not consented to the registration of the caveat.","sortOrder":385},{"sectionNumber":"sec.346","sectionType":"section","heading":"Withdrawal of caveat","content":"### sec.346 Withdrawal of caveat\n\nA caveat holder may withdraw the caveat at any time by lodging a written withdrawal with the Minister.\nThe Minister must—\nregister details of the withdrawal; and\nendorse details of the withdrawal on the original of the caveat; and\nkeep the original of the withdrawal.\n(sec.346-ssec.1) A caveat holder may withdraw the caveat at any time by lodging a written withdrawal with the Minister.\n(sec.346-ssec.2) The Minister must— register details of the withdrawal; and endorse details of the withdrawal on the original of the caveat; and keep the original of the withdrawal.\n- (a) register details of the withdrawal; and\n- (b) endorse details of the withdrawal on the original of the caveat; and\n- (c) keep the original of the withdrawal.","sortOrder":386},{"sectionNumber":"sec.347","sectionType":"section","heading":"Form of withdrawal","content":"### sec.347 Form of withdrawal\n\nA withdrawal of a caveat must—\nbe in accordance with the approved form; and\ngive details of the caveat; and\nbe signed by the caveat holder.\n- (a) be in accordance with the approved form; and\n- (b) give details of the caveat; and\n- (c) be signed by the caveat holder.","sortOrder":387},{"sectionNumber":"sec.348","sectionType":"section","heading":"Duration of caveat","content":"### sec.348 Duration of caveat\n\nA caveat that is registered is taken to have had effect from the time at which it is lodged with the Minister.\nA caveat on a tenure ceases to have effect if—\nthe Wardens Court makes an order for the removal of the caveat under section 351 ; or\nthe caveat is withdrawn under section 346 ; or\nthe caveat holder is given notice under section 349 (1) , (2) or (3) and 30 days have passed since the caveat holder was given the notice.\nSubsection (2) (c) does not apply if, before the end of the 30 days, the caveat holder consents to the registration of the dealing or to the registration under section 340 .\nSubsection (2) (c) does not apply if, before the end of the 30 days—\nthe caveat holder applies to the Wardens Court for an order under section 351 that the caveat be extended beyond the period; and\nthe court makes an order extending the period.\nIf the court makes an order under section 351 (1) (c) , the caveat ceases to have effect at the end of the extended period.\nSubsection (5) does not apply if, before the end of the extended period, the caveat holder consents to the registration of the dealing under section 350 or to the registration under section 340 .\n(sec.348-ssec.1) A caveat that is registered is taken to have had effect from the time at which it is lodged with the Minister.\n(sec.348-ssec.2) A caveat on a tenure ceases to have effect if— the Wardens Court makes an order for the removal of the caveat under section 351 ; or the caveat is withdrawn under section 346 ; or the caveat holder is given notice under section 349 (1) , (2) or (3) and 30 days have passed since the caveat holder was given the notice.\n(sec.348-ssec.3) Subsection (2) (c) does not apply if, before the end of the 30 days, the caveat holder consents to the registration of the dealing or to the registration under section 340 .\n(sec.348-ssec.4) Subsection (2) (c) does not apply if, before the end of the 30 days— the caveat holder applies to the Wardens Court for an order under section 351 that the caveat be extended beyond the period; and the court makes an order extending the period.\n(sec.348-ssec.5) If the court makes an order under section 351 (1) (c) , the caveat ceases to have effect at the end of the extended period.\n(sec.348-ssec.6) Subsection (5) does not apply if, before the end of the extended period, the caveat holder consents to the registration of the dealing under section 350 or to the registration under section 340 .\n- (a) the Wardens Court makes an order for the removal of the caveat under section 351 ; or\n- (b) the caveat is withdrawn under section 346 ; or\n- (c) the caveat holder is given notice under section 349 (1) , (2) or (3) and 30 days have passed since the caveat holder was given the notice.\n- (a) the caveat holder applies to the Wardens Court for an order under section 351 that the caveat be extended beyond the period; and\n- (b) the court makes an order extending the period.","sortOrder":388},{"sectionNumber":"sec.349","sectionType":"section","heading":"Notice to caveat holder","content":"### sec.349 Notice to caveat holder\n\nIf—\na transfer of a tenure or a share in a tenure is lodged with the Minister under section 338 ; and\na caveat is in force on the tenure;\nthe Minister must, subject to subsection (6) , notify the caveat holder that the transfer has been lodged for registration.\nIf—\na dealing in a tenure (other than a transfer of the tenure or a share in the tenure) is lodged with the Minister under section 339 ; and\na caveat is in force on the tenure;\nthe Minister must, subject to subsection (6) , notify the caveat holder that the dealing has been lodged for registration.\nIf—\na person applies to the Minister under section 340 to be registered as a tenure holder; and\na caveat is in force on the tenure;\nthe Minister must notify the caveat holder that the application has been made.\nIf—\na tenure holder surrenders the tenure or surrenders a sub-block or some of the sub-blocks covered by the tenure; and\na caveat is in force on the tenure;\nthe Minister must notify the caveat holder of the surrender.\nNotice under subsection (1) , (2) , (3) or (4) must be by certified mail.\nNotice must not be given under subsection (1) or (2) if—\nthe caveat holder is a party to the transfer or dealing concerned; or\nthe caveat holder has specified the class of dealings the caveat holder wants to receive notice of and the transfer or dealing falls outside that class.\nSee section 343 (2) (Form of caveat).\n(sec.349-ssec.1) If— a transfer of a tenure or a share in a tenure is lodged with the Minister under section 338 ; and a caveat is in force on the tenure; the Minister must, subject to subsection (6) , notify the caveat holder that the transfer has been lodged for registration.\n(sec.349-ssec.2) If— a dealing in a tenure (other than a transfer of the tenure or a share in the tenure) is lodged with the Minister under section 339 ; and a caveat is in force on the tenure; the Minister must, subject to subsection (6) , notify the caveat holder that the dealing has been lodged for registration.\n(sec.349-ssec.3) If— a person applies to the Minister under section 340 to be registered as a tenure holder; and a caveat is in force on the tenure; the Minister must notify the caveat holder that the application has been made.\n(sec.349-ssec.4) If— a tenure holder surrenders the tenure or surrenders a sub-block or some of the sub-blocks covered by the tenure; and a caveat is in force on the tenure; the Minister must notify the caveat holder of the surrender.\n(sec.349-ssec.5) Notice under subsection (1) , (2) , (3) or (4) must be by certified mail.\n(sec.349-ssec.6) Notice must not be given under subsection (1) or (2) if— the caveat holder is a party to the transfer or dealing concerned; or the caveat holder has specified the class of dealings the caveat holder wants to receive notice of and the transfer or dealing falls outside that class. See section 343 (2) (Form of caveat).\n- (a) a transfer of a tenure or a share in a tenure is lodged with the Minister under section 338 ; and\n- (b) a caveat is in force on the tenure;\n- (a) a dealing in a tenure (other than a transfer of the tenure or a share in the tenure) is lodged with the Minister under section 339 ; and\n- (b) a caveat is in force on the tenure;\n- (a) a person applies to the Minister under section 340 to be registered as a tenure holder; and\n- (b) a caveat is in force on the tenure;\n- (a) a tenure holder surrenders the tenure or surrenders a sub-block or some of the sub-blocks covered by the tenure; and\n- (b) a caveat is in force on the tenure;\n- (a) the caveat holder is a party to the transfer or dealing concerned; or\n- (b) the caveat holder has specified the class of dealings the caveat holder wants to receive notice of and the transfer or dealing falls outside that class.","sortOrder":389},{"sectionNumber":"sec.350","sectionType":"section","heading":"Caveat holder may consent to registration","content":"### sec.350 Caveat holder may consent to registration\n\nIf a caveat holder is given notice under section 349 (1) , the caveat holder may consent to the registration of the transfer.\nIf a caveat holder is given notice under section 349 (2) , the caveat holder may consent to the registration of the dealing.\nIf a caveat holder is given notice under section 349 (3) , the caveat holder may consent to the registration of the person as a tenure holder.\nA consent under this section must be in writing and must be lodged with the Minister.\nA consent under this section is only effective if it is given within 30 days after the day on which the caveat holder receives the notice concerned.\nThe Minister must—\nregister details of the consent; and\nendorse details of the consent on the original of the caveat; and\nkeep the original of the consent.\n(sec.350-ssec.1) If a caveat holder is given notice under section 349 (1) , the caveat holder may consent to the registration of the transfer.\n(sec.350-ssec.2) If a caveat holder is given notice under section 349 (2) , the caveat holder may consent to the registration of the dealing.\n(sec.350-ssec.3) If a caveat holder is given notice under section 349 (3) , the caveat holder may consent to the registration of the person as a tenure holder.\n(sec.350-ssec.4) A consent under this section must be in writing and must be lodged with the Minister.\n(sec.350-ssec.5) A consent under this section is only effective if it is given within 30 days after the day on which the caveat holder receives the notice concerned.\n(sec.350-ssec.6) The Minister must— register details of the consent; and endorse details of the consent on the original of the caveat; and keep the original of the consent.\n- (a) register details of the consent; and\n- (b) endorse details of the consent on the original of the caveat; and\n- (c) keep the original of the consent.","sortOrder":390},{"sectionNumber":"sec.351","sectionType":"section","heading":"Orders that can be made by Wardens Court in relation to caveats","content":"### sec.351 Orders that can be made by Wardens Court in relation to caveats\n\nThe Wardens Court may—\norder the removal of a caveat from a tenure; or\norder the Minister to register a dealing despite a caveat; or\nextend the period provided for by section 348 (2) (c) .\nIf—\nthe court makes an order under subsection (1) (a) or (b) in relation to the tenure; and\nthe court is satisfied that caveats are being used vexatiously to delay the registration of a document;\nthe court may also make an order that the Minister must not register any caveat in relation to the tenure unless the court has consented to the registration.\nAn order under subsection (2) may be for an indefinite period or for a specified period.\nAn order under subsection (2) may provide that the court’s consent is not required in any specified case or class of case.\nIf an application is made to the court for an order under subsection (2) , the Minister becomes a party to the proceeding.\nIf a court makes an order under this section, the Minister must—\nregister details of the order; and\nkeep a copy of the order.\n(sec.351-ssec.1) The Wardens Court may— order the removal of a caveat from a tenure; or order the Minister to register a dealing despite a caveat; or extend the period provided for by section 348 (2) (c) .\n(sec.351-ssec.2) If— the court makes an order under subsection (1) (a) or (b) in relation to the tenure; and the court is satisfied that caveats are being used vexatiously to delay the registration of a document; the court may also make an order that the Minister must not register any caveat in relation to the tenure unless the court has consented to the registration.\n(sec.351-ssec.3) An order under subsection (2) may be for an indefinite period or for a specified period.\n(sec.351-ssec.4) An order under subsection (2) may provide that the court’s consent is not required in any specified case or class of case.\n(sec.351-ssec.5) If an application is made to the court for an order under subsection (2) , the Minister becomes a party to the proceeding.\n(sec.351-ssec.6) If a court makes an order under this section, the Minister must— register details of the order; and keep a copy of the order.\n- (a) order the removal of a caveat from a tenure; or\n- (b) order the Minister to register a dealing despite a caveat; or\n- (c) extend the period provided for by section 348 (2) (c) .\n- (a) the court makes an order under subsection (1) (a) or (b) in relation to the tenure; and\n- (b) the court is satisfied that caveats are being used vexatiously to delay the registration of a document;\n- (a) register details of the order; and\n- (b) keep a copy of the order.","sortOrder":391},{"sectionNumber":"sec.352","sectionType":"section","heading":null,"content":"### Section sec.352\n\ns 352 om 2001 No. 71 s 551 sch 1","sortOrder":392},{"sectionNumber":"ch.3-pt.3.1-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":393},{"sectionNumber":"sec.353","sectionType":"section","heading":"Protection from legal actions","content":"### sec.353 Protection from legal actions\n\nThis section applies to—\nthe Minister; and\na delegate of the Minister; and\na person acting under the direction or authority of the Minister or a delegate of the Minister.\nA person to whom this section applies is not liable to an action, suit or proceeding in relation to an act or matter if—\nthe act or matter is done or omitted to be done in the exercise or purported exercise of a power or authority given by this part; and\nthe act or matter is done or omitted to be done in good faith and without negligence.\nIf subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State.\n(sec.353-ssec.1) This section applies to— the Minister; and a delegate of the Minister; and a person acting under the direction or authority of the Minister or a delegate of the Minister.\n(sec.353-ssec.2) A person to whom this section applies is not liable to an action, suit or proceeding in relation to an act or matter if— the act or matter is done or omitted to be done in the exercise or purported exercise of a power or authority given by this part; and the act or matter is done or omitted to be done in good faith and without negligence.\n(sec.353-ssec.3) If subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State.\n- (a) the Minister; and\n- (b) a delegate of the Minister; and\n- (c) a person acting under the direction or authority of the Minister or a delegate of the Minister.\n- (a) the act or matter is done or omitted to be done in the exercise or purported exercise of a power or authority given by this part; and\n- (b) the act or matter is done or omitted to be done in good faith and without negligence.","sortOrder":394},{"sectionNumber":"sec.354","sectionType":"section","heading":"Application to court for correction of register","content":"### sec.354 Application to court for correction of register\n\nThe Wardens Court, on the application of a person aggrieved by—\nthe omission of an entry from the offshore mining register; or\nan entry wrongly existing in the register; or\nan error or defect in an entry in the register;\nmay make any order it considers appropriate directing correction of the register.\nIn a proceeding under subsection (1) , the court may decide any necessary or expedient question concerning the rectification of the register.\nA copy of the court order may be served on the Minister.\nIn a proceeding under subsection (1) —\nthe Minister may appear; or\nif the court so directs—the Minister must appear.\nIf the Minister receives a copy of an order under subsection (3) , the Minister must amend the register so that the register accords with the order.\n(sec.354-ssec.1) The Wardens Court, on the application of a person aggrieved by— the omission of an entry from the offshore mining register; or an entry wrongly existing in the register; or an error or defect in an entry in the register; may make any order it considers appropriate directing correction of the register.\n(sec.354-ssec.2) In a proceeding under subsection (1) , the court may decide any necessary or expedient question concerning the rectification of the register.\n(sec.354-ssec.3) A copy of the court order may be served on the Minister.\n(sec.354-ssec.4) In a proceeding under subsection (1) — the Minister may appear; or if the court so directs—the Minister must appear.\n(sec.354-ssec.5) If the Minister receives a copy of an order under subsection (3) , the Minister must amend the register so that the register accords with the order.\n- (a) the omission of an entry from the offshore mining register; or\n- (b) an entry wrongly existing in the register; or\n- (c) an error or defect in an entry in the register;\n- (a) the Minister may appear; or\n- (b) if the court so directs—the Minister must appear.","sortOrder":395},{"sectionNumber":"sec.355-356","sectionType":"section","heading":"Section numbers not used","content":"### sec.355-356 Section numbers not used\n\nSee note 2 to section 3 (1) .","sortOrder":396},{"sectionNumber":"sec.357","sectionType":"section","heading":"Evidentiary value of register","content":"### sec.357 Evidentiary value of register\n\nThe offshore mining register is admissible in a proceeding as evidence of the matters registered in it.\nIf the register is kept by the use of a computer, the Minister may issue a document containing the details of a matter taken from the register.\nThe document issued under subsection (2) is admissible in a proceeding as evidence of the matter.\nThe Minister may give a person a certified copy of, or extract from, the register if the person pays the fee prescribed under a regulation.\nThe certified copy is admissible in a proceeding without any further proof of, or the production of, the original.\n(sec.357-ssec.1) The offshore mining register is admissible in a proceeding as evidence of the matters registered in it.\n(sec.357-ssec.2) If the register is kept by the use of a computer, the Minister may issue a document containing the details of a matter taken from the register.\n(sec.357-ssec.3) The document issued under subsection (2) is admissible in a proceeding as evidence of the matter.\n(sec.357-ssec.4) The Minister may give a person a certified copy of, or extract from, the register if the person pays the fee prescribed under a regulation.\n(sec.357-ssec.5) The certified copy is admissible in a proceeding without any further proof of, or the production of, the original.","sortOrder":397},{"sectionNumber":"sec.358","sectionType":"section","heading":"Certified copy of document on document file","content":"### sec.358 Certified copy of document on document file\n\nThe Minister may give a person a certified copy of a document that is kept on the document file if the person pays the fee prescribed under a regulation.\nThe certified copy is admissible in a proceeding without any further proof of, or the production of, the original.\n(sec.358-ssec.1) The Minister may give a person a certified copy of a document that is kept on the document file if the person pays the fee prescribed under a regulation.\n(sec.358-ssec.2) The certified copy is admissible in a proceeding without any further proof of, or the production of, the original.","sortOrder":398},{"sectionNumber":"sec.359","sectionType":"section","heading":"Certification of registration action","content":"### sec.359 Certification of registration action\n\nIf a person pays the fee prescribed under a regulation, the Minister may give a person a signed certificate that—\na thing required or allowed by this part has been done; or\na thing required or allowed by this part has not been done.\nThe certificate is admissible in a proceeding as evidence of the facts stated in the certificate.\n(sec.359-ssec.1) If a person pays the fee prescribed under a regulation, the Minister may give a person a signed certificate that— a thing required or allowed by this part has been done; or a thing required or allowed by this part has not been done.\n(sec.359-ssec.2) The certificate is admissible in a proceeding as evidence of the facts stated in the certificate.\n- (a) a thing required or allowed by this part has been done; or\n- (b) a thing required or allowed by this part has not been done.","sortOrder":399},{"sectionNumber":"ch.3-pt.3.2","sectionType":"part","heading":"Dealings in tenures","content":"# Dealings in tenures","sortOrder":400},{"sectionNumber":"ch.3-pt.3.2-div.1","sectionType":"division","heading":"Dealings in tenures to be in writing and registered","content":"## Dealings in tenures to be in writing and registered","sortOrder":401},{"sectionNumber":"sec.360","sectionType":"section","heading":"Dealings in tenures to be in writing","content":"### sec.360 Dealings in tenures to be in writing\n\nAn interest in a tenure may be created, transferred, affected or otherwise dealt with only by a written document.\nA transfer must be in writing because it is a dealing.\nSubsection (1) does not apply to the rights of a tenure holder that devolve to a person by operation of law.\nRights might devolve to a person, for example, by operation of the laws relating to intestacy or bankruptcy.\nFor the registration of rights that devolve to a person by operation of law see section 340 .\n(sec.360-ssec.1) An interest in a tenure may be created, transferred, affected or otherwise dealt with only by a written document. A transfer must be in writing because it is a dealing.\n(sec.360-ssec.2) Subsection (1) does not apply to the rights of a tenure holder that devolve to a person by operation of law. Rights might devolve to a person, for example, by operation of the laws relating to intestacy or bankruptcy. For the registration of rights that devolve to a person by operation of law see section 340 .","sortOrder":402},{"sectionNumber":"sec.361","sectionType":"section","heading":"Dealings in interests in tenures not effective until registered","content":"### sec.361 Dealings in interests in tenures not effective until registered\n\nA document that creates, transfers, affects or otherwise deals with an interest in a tenure has no effect until it is registered under part 3.1 .\nA transfer is a dealing and does not take effect until registered.\nTransfers are registered under section 338 and other dealings under section 339 .","sortOrder":403},{"sectionNumber":"ch.3-pt.3.2-div.2","sectionType":"division","heading":"Approval of transfer of tenures","content":"## Approval of transfer of tenures","sortOrder":404},{"sectionNumber":"sec.362","sectionType":"section","heading":"Transfers require approval by Minister","content":"### sec.362 Transfers require approval by Minister\n\nThe transfer of a tenure must not be registered under section 338 unless it has been approved by the Minister.\nFor transfer of a tenure see section 7 (1) .\nA transfer is a dealing and under section 361 does not take effect until registered.\nThe transfer of a share in a tenure must not be registered under section 338 unless it has been approved by the Minister.\nFor transfer in a share of a tenure see section 7 (2) and (3) .\nA transfer is a dealing and under section 361 does not take effect until registered.\n(sec.362-ssec.1) The transfer of a tenure must not be registered under section 338 unless it has been approved by the Minister. For transfer of a tenure see section 7 (1) . A transfer is a dealing and under section 361 does not take effect until registered.\n(sec.362-ssec.2) The transfer of a share in a tenure must not be registered under section 338 unless it has been approved by the Minister. For transfer in a share of a tenure see section 7 (2) and (3) . A transfer is a dealing and under section 361 does not take effect until registered.","sortOrder":405},{"sectionNumber":"sec.363","sectionType":"section","heading":"Application for approval of transfer","content":"### sec.363 Application for approval of transfer\n\nA person may apply to the Minister for approval of the transfer.\nThe application must be in writing.\nThe application must be accompanied by—\nthe signed transfer document; and\na copy of the transfer document; and\nif a caveat holder has consented to the registration of the transfer under section 350 (1) —a copy of the consent.\nThe application may include a statement of any matter that the applicant wants the Minister to take into account in deciding whether to approve the transfer.\nWithout limiting subsection (4) , the application may include a statement about—\nthe technical qualifications of a party to the transfer; or\nthe technical qualifications of the employees of a party to the transfer; or\nthe technical advice available to a party to the transfer; or\nthe financial resources of a party to the transfer.\nThe application must be accompanied by the fee prescribed under a regulation.\n(sec.363-ssec.1) A person may apply to the Minister for approval of the transfer.\n(sec.363-ssec.2) The application must be in writing.\n(sec.363-ssec.3) The application must be accompanied by— the signed transfer document; and a copy of the transfer document; and if a caveat holder has consented to the registration of the transfer under section 350 (1) —a copy of the consent.\n(sec.363-ssec.4) The application may include a statement of any matter that the applicant wants the Minister to take into account in deciding whether to approve the transfer.\n(sec.363-ssec.5) Without limiting subsection (4) , the application may include a statement about— the technical qualifications of a party to the transfer; or the technical qualifications of the employees of a party to the transfer; or the technical advice available to a party to the transfer; or the financial resources of a party to the transfer.\n(sec.363-ssec.6) The application must be accompanied by the fee prescribed under a regulation.\n- (a) the signed transfer document; and\n- (b) a copy of the transfer document; and\n- (c) if a caveat holder has consented to the registration of the transfer under section 350 (1) —a copy of the consent.\n- (a) the technical qualifications of a party to the transfer; or\n- (b) the technical qualifications of the employees of a party to the transfer; or\n- (c) the technical advice available to a party to the transfer; or\n- (d) the financial resources of a party to the transfer.","sortOrder":406},{"sectionNumber":"sec.364","sectionType":"section","heading":"Minister may ask for further information","content":"### sec.364 Minister may ask for further information\n\nIf—\nan application is made under section 363 for approval of a transfer; and\nthe Minister has reason to believe that a person possesses or controls a document that relates to—\nthe transfer document; or\nthe transfer transaction; or\nthe application for approval of the transfer;\nthe Minister may ask the person—\nto give the document to the Minister; or\nto make the document available for inspection by or on behalf of the Minister.\nThe request under subsection (1) must be made by giving to the person a notice containing the request.\nA person must not fail to comply with a request under subsection (1) without reasonable excuse.\nMaximum penalty—67 penalty units.\n(sec.364-ssec.1) If— an application is made under section 363 for approval of a transfer; and the Minister has reason to believe that a person possesses or controls a document that relates to— the transfer document; or the transfer transaction; or the application for approval of the transfer; the Minister may ask the person— to give the document to the Minister; or to make the document available for inspection by or on behalf of the Minister.\n(sec.364-ssec.2) The request under subsection (1) must be made by giving to the person a notice containing the request.\n(sec.364-ssec.3) A person must not fail to comply with a request under subsection (1) without reasonable excuse. Maximum penalty—67 penalty units.\n- (a) an application is made under section 363 for approval of a transfer; and\n- (b) the Minister has reason to believe that a person possesses or controls a document that relates to— (i) the transfer document; or (ii) the transfer transaction; or (iii) the application for approval of the transfer;\n- (i) the transfer document; or\n- (ii) the transfer transaction; or\n- (iii) the application for approval of the transfer;\n- (i) the transfer document; or\n- (ii) the transfer transaction; or\n- (iii) the application for approval of the transfer;\n- (c) to give the document to the Minister; or\n- (d) to make the document available for inspection by or on behalf of the Minister.","sortOrder":407},{"sectionNumber":"sec.365","sectionType":"section","heading":"Minister’s response to application for approval","content":"### sec.365 Minister’s response to application for approval\n\nIf an application is made under section 363 , the Minister may—\napprove the transfer; or\nrefuse to approve the transfer.\nThe Minister may, under subsection (1) (a) , approve the transfer on conditions that the Minister considers necessary or desirable in the public interest.\nIf the Minister approves the transfer, the Minister must endorse a record of the approval on—\nthe transfer document; and\na copy of the transfer document.\nA record of the approval will also be entered in the offshore mining register (see section 338 (1) ).\n(sec.365-ssec.1) If an application is made under section 363 , the Minister may— approve the transfer; or refuse to approve the transfer.\n(sec.365-ssec.2) The Minister may, under subsection (1) (a) , approve the transfer on conditions that the Minister considers necessary or desirable in the public interest.\n(sec.365-ssec.3) If the Minister approves the transfer, the Minister must endorse a record of the approval on— the transfer document; and a copy of the transfer document. A record of the approval will also be entered in the offshore mining register (see section 338 (1) ).\n- (a) approve the transfer; or\n- (b) refuse to approve the transfer.\n- (a) the transfer document; and\n- (b) a copy of the transfer document.","sortOrder":408},{"sectionNumber":"sec.366","sectionType":"section","heading":"Protection from legal actions","content":"### sec.366 Protection from legal actions\n\nThis section applies to—\nthe Minister; and\na delegate of the Minister; and\na person acting under the direction or authority of the Minister or a delegate of the Minister.\nA person to whom this section applies is not liable to an action, suit or proceeding in relation to an act or matter if—\nthe act or matter is done or omitted to be done in the exercise or purported exercise of a power or authority given by this part; and\nthe act or matter is done or omitted to be done in good faith and without negligence.\nIf subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State.\n(sec.366-ssec.1) This section applies to— the Minister; and a delegate of the Minister; and a person acting under the direction or authority of the Minister or a delegate of the Minister.\n(sec.366-ssec.2) A person to whom this section applies is not liable to an action, suit or proceeding in relation to an act or matter if— the act or matter is done or omitted to be done in the exercise or purported exercise of a power or authority given by this part; and the act or matter is done or omitted to be done in good faith and without negligence.\n(sec.366-ssec.3) If subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State.\n- (a) the Minister; and\n- (b) a delegate of the Minister; and\n- (c) a person acting under the direction or authority of the Minister or a delegate of the Minister.\n- (a) the act or matter is done or omitted to be done in the exercise or purported exercise of a power or authority given by this part; and\n- (b) the act or matter is done or omitted to be done in good faith and without negligence.","sortOrder":409},{"sectionNumber":"ch.4-pt.4.1","sectionType":"part","heading":"Information management","content":"# Information management","sortOrder":410},{"sectionNumber":"sec.367","sectionType":"section","heading":"Minister may ask person for information","content":"### sec.367 Minister may ask person for information\n\nThe Minister may ask a person to give the Minister information if—\nthe information is relevant to the operation of this Act; and\nthe Minister has reasonable grounds for believing that the person is able to give the information.\nThe person must comply with the request (see section 372 ).\nThe Minister may ask the person to give the information to—\nthe Minister; or\nan inspector nominated by the Minister.\nThe request must—\nbe made by notice given to the person; and\nspecify the person to whom the information is to be given; and\nspecify the period within which the information is to be given.\nThe information must be given—\nin writing; and\nbefore the end of the period specified in the request.\nThe document containing the information must be signed by—\nif the information is given by a body corporate—an authorised officer of the body corporate; or\nif the information is provided by an individual—the individual.\nWhen making the request under subsection (2) , the Minister must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.367-ssec.1) The Minister may ask a person to give the Minister information if— the information is relevant to the operation of this Act; and the Minister has reasonable grounds for believing that the person is able to give the information. The person must comply with the request (see section 372 ).\n(sec.367-ssec.2) The Minister may ask the person to give the information to— the Minister; or an inspector nominated by the Minister.\n(sec.367-ssec.3) The request must— be made by notice given to the person; and specify the person to whom the information is to be given; and specify the period within which the information is to be given.\n(sec.367-ssec.4) The information must be given— in writing; and before the end of the period specified in the request.\n(sec.367-ssec.5) The document containing the information must be signed by— if the information is given by a body corporate—an authorised officer of the body corporate; or if the information is provided by an individual—the individual.\n(sec.367-ssec.6) When making the request under subsection (2) , the Minister must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) the information is relevant to the operation of this Act; and\n- (b) the Minister has reasonable grounds for believing that the person is able to give the information.\n- (a) the Minister; or\n- (b) an inspector nominated by the Minister.\n- (a) be made by notice given to the person; and\n- (b) specify the person to whom the information is to be given; and\n- (c) specify the period within which the information is to be given.\n- (a) in writing; and\n- (b) before the end of the period specified in the request.\n- (a) if the information is given by a body corporate—an authorised officer of the body corporate; or\n- (b) if the information is provided by an individual—the individual.","sortOrder":411},{"sectionNumber":"sec.368","sectionType":"section","heading":"Power to ask person to appear","content":"### sec.368 Power to ask person to appear\n\nIf the Minister has reasonable grounds for believing that a person is able to give information that is relevant to the operation of this Act, the Minister may ask the person to appear personally to—\ngive the information; and\nanswer questions about the activity to which the information relates.\nThe person must comply with the request (see section 372 ).\nThe Minister may ask a person to appear before—\nthe Minister; or\nan inspector nominated by the Minister.\nThe request must—\nbe made by notice given to the person; and\nspecify the activity about which the information is sought or questions will be asked; and\nspecify the address at which the person is to attend; and\nspecify the day on which and the time at which the person is to attend; and\nindicate whether the appearance is to be before the Minister or before a nominated inspector.\nWhen making the request, the Minister must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.368-ssec.1) If the Minister has reasonable grounds for believing that a person is able to give information that is relevant to the operation of this Act, the Minister may ask the person to appear personally to— give the information; and answer questions about the activity to which the information relates. The person must comply with the request (see section 372 ).\n(sec.368-ssec.2) The Minister may ask a person to appear before— the Minister; or an inspector nominated by the Minister.\n(sec.368-ssec.3) The request must— be made by notice given to the person; and specify the activity about which the information is sought or questions will be asked; and specify the address at which the person is to attend; and specify the day on which and the time at which the person is to attend; and indicate whether the appearance is to be before the Minister or before a nominated inspector.\n(sec.368-ssec.4) When making the request, the Minister must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) give the information; and\n- (b) answer questions about the activity to which the information relates.\n- (a) the Minister; or\n- (b) an inspector nominated by the Minister.\n- (a) be made by notice given to the person; and\n- (b) specify the activity about which the information is sought or questions will be asked; and\n- (c) specify the address at which the person is to attend; and\n- (d) specify the day on which and the time at which the person is to attend; and\n- (e) indicate whether the appearance is to be before the Minister or before a nominated inspector.","sortOrder":412},{"sectionNumber":"sec.369","sectionType":"section","heading":"Power to examine on oath or affirmation","content":"### sec.369 Power to examine on oath or affirmation\n\nIf, following a notice under section 368 , a person appears before the Minister or a nominated inspector, the Minister or the inspector may—\nadminister an oath or affirmation to the person; and\nrequest the person to answer any question that comes within the terms of the notice.\nThe oath or affirmation to be administered is an oath or affirmation that the person will truthfully answer the questions put by the Minister or the inspector.\nWhen making the request, the Minister of the inspector must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.369-ssec.1) If, following a notice under section 368 , a person appears before the Minister or a nominated inspector, the Minister or the inspector may— administer an oath or affirmation to the person; and request the person to answer any question that comes within the terms of the notice.\n(sec.369-ssec.2) The oath or affirmation to be administered is an oath or affirmation that the person will truthfully answer the questions put by the Minister or the inspector.\n(sec.369-ssec.3) When making the request, the Minister of the inspector must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) administer an oath or affirmation to the person; and\n- (b) request the person to answer any question that comes within the terms of the notice.","sortOrder":413},{"sectionNumber":"sec.370","sectionType":"section","heading":"Minister may ask for documents","content":"### sec.370 Minister may ask for documents\n\nThe Minister may ask a person to produce a document if—\nthe document is relevant to the operation of this Act; and\nthe Minister has reasonable grounds for believing that the person is able to produce the document.\nThe person must comply with the request (see section 372 ).\nThe Minister may ask the person to produce the document to—\nthe Minister; or\nan inspector nominated by the Minister.\nThe request—\nmust be made by notice given to the person; and\nmust specify the person to whom, and the address at which, the document is to be produced; and\nmust specify—\nthe period within which the document is to be produced; or\nthe day on which and the time at which the document is to be produced; and\nmay specify whether the original or a copy of the document is to be produced.\nA regulation may provide for the way in which the Minister is to deal with the document.\nWithout limiting subsection (4) , a regulation may authorise the Minister or inspector to take a copy of the document.\nWhen making the request under subsection (2) , the Minister must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.370-ssec.1) The Minister may ask a person to produce a document if— the document is relevant to the operation of this Act; and the Minister has reasonable grounds for believing that the person is able to produce the document. The person must comply with the request (see section 372 ).\n(sec.370-ssec.2) The Minister may ask the person to produce the document to— the Minister; or an inspector nominated by the Minister.\n(sec.370-ssec.3) The request— must be made by notice given to the person; and must specify the person to whom, and the address at which, the document is to be produced; and must specify— the period within which the document is to be produced; or the day on which and the time at which the document is to be produced; and may specify whether the original or a copy of the document is to be produced.\n(sec.370-ssec.4) A regulation may provide for the way in which the Minister is to deal with the document.\n(sec.370-ssec.5) Without limiting subsection (4) , a regulation may authorise the Minister or inspector to take a copy of the document.\n(sec.370-ssec.6) When making the request under subsection (2) , the Minister must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) the document is relevant to the operation of this Act; and\n- (b) the Minister has reasonable grounds for believing that the person is able to produce the document.\n- (a) the Minister; or\n- (b) an inspector nominated by the Minister.\n- (a) must be made by notice given to the person; and\n- (b) must specify the person to whom, and the address at which, the document is to be produced; and\n- (c) must specify— (i) the period within which the document is to be produced; or (ii) the day on which and the time at which the document is to be produced; and\n- (i) the period within which the document is to be produced; or\n- (ii) the day on which and the time at which the document is to be produced; and\n- (d) may specify whether the original or a copy of the document is to be produced.\n- (i) the period within which the document is to be produced; or\n- (ii) the day on which and the time at which the document is to be produced; and","sortOrder":414},{"sectionNumber":"sec.371","sectionType":"section","heading":"Minister may ask for samples","content":"### sec.371 Minister may ask for samples\n\nThe Minister may ask a person to produce a sample taken from the seabed or subsoil in coastal waters if—\nthe sample is relevant to the operation of this Act; and\nthe Minister has reasonable grounds for believing that the person is able to produce the sample.\nThe person must comply with the request (see section 372 ).\nThe Minister may ask the person to give the sample to—\nthe Minister; or\nan inspector nominated by the Minister.\nThe request—\nmust be made by notice given to the person; and\nmust specify the person to whom, and the address at which, the sample is to be given; and\nmust specify—\nthe period within which the sample is to be given; or\nthe day on which and the time at which the sample is to be given.\nA regulation may provide for the way in which the Minister or inspector is to deal with the sample.\nWithout limiting subsection (4) , a regulation may authorise the Minister or inspector to test or analyse the sample.\nWhen making the request under subsection (2) , the Minister must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.371-ssec.1) The Minister may ask a person to produce a sample taken from the seabed or subsoil in coastal waters if— the sample is relevant to the operation of this Act; and the Minister has reasonable grounds for believing that the person is able to produce the sample. The person must comply with the request (see section 372 ).\n(sec.371-ssec.2) The Minister may ask the person to give the sample to— the Minister; or an inspector nominated by the Minister.\n(sec.371-ssec.3) The request— must be made by notice given to the person; and must specify the person to whom, and the address at which, the sample is to be given; and must specify— the period within which the sample is to be given; or the day on which and the time at which the sample is to be given.\n(sec.371-ssec.4) A regulation may provide for the way in which the Minister or inspector is to deal with the sample.\n(sec.371-ssec.5) Without limiting subsection (4) , a regulation may authorise the Minister or inspector to test or analyse the sample.\n(sec.371-ssec.6) When making the request under subsection (2) , the Minister must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) the sample is relevant to the operation of this Act; and\n- (b) the Minister has reasonable grounds for believing that the person is able to produce the sample.\n- (a) the Minister; or\n- (b) an inspector nominated by the Minister.\n- (a) must be made by notice given to the person; and\n- (b) must specify the person to whom, and the address at which, the sample is to be given; and\n- (c) must specify— (i) the period within which the sample is to be given; or (ii) the day on which and the time at which the sample is to be given.\n- (i) the period within which the sample is to be given; or\n- (ii) the day on which and the time at which the sample is to be given.\n- (i) the period within which the sample is to be given; or\n- (ii) the day on which and the time at which the sample is to be given.","sortOrder":415},{"sectionNumber":"sec.372","sectionType":"section","heading":"Obligation to comply with request under section 367 , 368 , 369 , 370 or 371","content":"### sec.372 Obligation to comply with request under section 367 , 368 , 369 , 370 or 371\n\nA person must not, without reasonable excuse, fail to comply with a request under section 367 , 368 , 369 , 370 or 371 .\nMaximum penalty—134 penalty units.\nA person is not excused from complying with the request on the ground that complying with the request might tend to incriminate the person or make the person liable to a penalty.\nSection 373 provides immunity for the response to the request.\nA person must not give false or misleading information in response to—\na request under section 367 , 368 , 370 or 371 ; or\na question asked under section 369 (1) .\nMaximum penalty—134 penalty units.\nSubsection (3) does not apply to the giving of a false or misleading document if, when giving the document, the person—\ninforms the Minister or inspector, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the Minister or inspector if the person has, or can reasonably obtain, the correct information.\nIt is enough for a complaint for an offence against subsection (3) to state the information was ‘false or misleading’ to the person’s knowledge, without specifying which.\nIn this section—\ninformation includes document.\n(sec.372-ssec.1) A person must not, without reasonable excuse, fail to comply with a request under section 367 , 368 , 369 , 370 or 371 . Maximum penalty—134 penalty units.\n(sec.372-ssec.2) A person is not excused from complying with the request on the ground that complying with the request might tend to incriminate the person or make the person liable to a penalty. Section 373 provides immunity for the response to the request.\n(sec.372-ssec.3) A person must not give false or misleading information in response to— a request under section 367 , 368 , 370 or 371 ; or a question asked under section 369 (1) . Maximum penalty—134 penalty units.\n(sec.372-ssec.4) Subsection (3) does not apply to the giving of a false or misleading document if, when giving the document, the person— informs the Minister or inspector, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the Minister or inspector if the person has, or can reasonably obtain, the correct information.\n(sec.372-ssec.5) It is enough for a complaint for an offence against subsection (3) to state the information was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.372-ssec.6) In this section— information includes document.\n- (a) a request under section 367 , 368 , 370 or 371 ; or\n- (b) a question asked under section 369 (1) .\n- (a) informs the Minister or inspector, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the Minister or inspector if the person has, or can reasonably obtain, the correct information.","sortOrder":416},{"sectionNumber":"sec.373","sectionType":"section","heading":"Immunity from use of information etc. given in response to request under  section 367 , 368 , 369 , 370 or 371","content":"### sec.373 Immunity from use of information etc. given in response to request under  section 367 , 368 , 369 , 370 or 371\n\nIf a person gives the Minister information in response to a request under section 367 or 368 , or to a question under section 369 (1) , the following are not admissible in evidence against the person in any proceeding—\nthe document containing the information given in response to the request;\nthe answer to the question;\nany information, document or thing obtained as a direct or indirect consequence of the giving of the information or answer.\nIf a person produces a document in response to a request under section 370 , the following are not admissible in evidence against the person in any proceeding—\nthe document;\nthe fact of the production of the document by the person;\nany information, document or thing obtained as a direct or indirect consequence of the production of the document.\nIf a person produces a sample in response to a request under section 371 , the following are not admissible in evidence against the person in any proceeding—\nthe sample;\nthe fact of the production of the sample by the person;\nany information, document or thing obtained as a direct or indirect consequence of the production of the sample.\nThe immunity provided by subsections (1) , (2) and (3) does not apply to a proceeding for an offence against section 372 (3) .\n(sec.373-ssec.1) If a person gives the Minister information in response to a request under section 367 or 368 , or to a question under section 369 (1) , the following are not admissible in evidence against the person in any proceeding— the document containing the information given in response to the request; the answer to the question; any information, document or thing obtained as a direct or indirect consequence of the giving of the information or answer.\n(sec.373-ssec.2) If a person produces a document in response to a request under section 370 , the following are not admissible in evidence against the person in any proceeding— the document; the fact of the production of the document by the person; any information, document or thing obtained as a direct or indirect consequence of the production of the document.\n(sec.373-ssec.3) If a person produces a sample in response to a request under section 371 , the following are not admissible in evidence against the person in any proceeding— the sample; the fact of the production of the sample by the person; any information, document or thing obtained as a direct or indirect consequence of the production of the sample.\n(sec.373-ssec.4) The immunity provided by subsections (1) , (2) and (3) does not apply to a proceeding for an offence against section 372 (3) .\n- (a) the document containing the information given in response to the request;\n- (b) the answer to the question;\n- (c) any information, document or thing obtained as a direct or indirect consequence of the giving of the information or answer.\n- (a) the document;\n- (b) the fact of the production of the document by the person;\n- (c) any information, document or thing obtained as a direct or indirect consequence of the production of the document.\n- (a) the sample;\n- (b) the fact of the production of the sample by the person;\n- (c) any information, document or thing obtained as a direct or indirect consequence of the production of the sample.","sortOrder":417},{"sectionNumber":"sec.374","sectionType":"section","heading":"Restrictions on release of confidential material","content":"### sec.374 Restrictions on release of confidential material\n\nSubject to sections 375 and 376 , if the Minister holds confidential information—\nthe Minister; or\na person acting on behalf of the Minister; or\na person who is given the information under section 375 (3) ;\nmust not—\npublish the information; or\nmake the information available to a person.\nSubject to section 375 , if the Minister holds a confidential sample—\nthe Minister; or\na person acting on behalf of the Minister; or\na person who is given access to the sample under section 375 (4) ;\nmust not—\nallow a person to inspect the sample; or\npublish information about the sample.\nMaximum penalty—1660 penalty units.\n(sec.374-ssec.1) Subject to sections 375 and 376 , if the Minister holds confidential information— the Minister; or a person acting on behalf of the Minister; or a person who is given the information under section 375 (3) ; must not— publish the information; or make the information available to a person.\n(sec.374-ssec.2) Subject to section 375 , if the Minister holds a confidential sample— the Minister; or a person acting on behalf of the Minister; or a person who is given access to the sample under section 375 (4) ; must not— allow a person to inspect the sample; or publish information about the sample. Maximum penalty—1660 penalty units.\n- (a) the Minister; or\n- (b) a person acting on behalf of the Minister; or\n- (c) a person who is given the information under section 375 (3) ;\n- (d) publish the information; or\n- (e) make the information available to a person.\n- (a) the Minister; or\n- (b) a person acting on behalf of the Minister; or\n- (c) a person who is given access to the sample under section 375 (4) ;\n- (d) allow a person to inspect the sample; or\n- (e) publish information about the sample.","sortOrder":418},{"sectionNumber":"sec.375","sectionType":"section","heading":"Circumstances in which confidential material may be released","content":"### sec.375 Circumstances in which confidential material may be released\n\nIf—\na tenure holder gives confidential information to the Minister; and\nthe holder—\nmakes the information publicly available; or\nconsents in writing to the information being made publicly available;\nthe Minister who is given access to the information may make the information available to any person.\nIf—\na tenure holder gives a confidential sample to the Minister; and\nthe holder—\npublishes details of the sample; or\nconsents in writing to the details being made publicly available; or\nconsents in writing to the sample being made available for public inspection;\nthe Minister who is given access to the sample may—\nmake details of the sample available to any person; or\nallow any person to inspect the sample.\nFor confidential information and confidential sample see sections 27 and 28 .\nConfidential information may be made available to a person if the information is made available for the administration of this Act.\nA person may be given access to a confidential sample if the access is given for the administration of this Act.\n(sec.375-ssec.1) If— a tenure holder gives confidential information to the Minister; and the holder— makes the information publicly available; or consents in writing to the information being made publicly available; the Minister who is given access to the information may make the information available to any person.\n(sec.375-ssec.2) If— a tenure holder gives a confidential sample to the Minister; and the holder— publishes details of the sample; or consents in writing to the details being made publicly available; or consents in writing to the sample being made available for public inspection; the Minister who is given access to the sample may— make details of the sample available to any person; or allow any person to inspect the sample. For confidential information and confidential sample see sections 27 and 28 .\n(sec.375-ssec.3) Confidential information may be made available to a person if the information is made available for the administration of this Act.\n(sec.375-ssec.4) A person may be given access to a confidential sample if the access is given for the administration of this Act.\n- (a) a tenure holder gives confidential information to the Minister; and\n- (b) the holder— (i) makes the information publicly available; or (ii) consents in writing to the information being made publicly available;\n- (i) makes the information publicly available; or\n- (ii) consents in writing to the information being made publicly available;\n- (i) makes the information publicly available; or\n- (ii) consents in writing to the information being made publicly available;\n- (a) a tenure holder gives a confidential sample to the Minister; and\n- (b) the holder— (i) publishes details of the sample; or (ii) consents in writing to the details being made publicly available; or (iii) consents in writing to the sample being made available for public inspection;\n- (i) publishes details of the sample; or\n- (ii) consents in writing to the details being made publicly available; or\n- (iii) consents in writing to the sample being made available for public inspection;\n- (i) publishes details of the sample; or\n- (ii) consents in writing to the details being made publicly available; or\n- (iii) consents in writing to the sample being made available for public inspection;\n- (c) make details of the sample available to any person; or\n- (d) allow any person to inspect the sample.","sortOrder":419},{"sectionNumber":"sec.376","sectionType":"section","heading":"Certain reports to be made available","content":"### sec.376 Certain reports to be made available\n\nIf—\na tenure holder gives the Minister a report in order to comply with—\nthe regulations; or\na direction under section 387 or 392 ; or\nthe tenure conditions; and\nthe report relates to sub-blocks that are no longer covered by the tenure or by a successor tenure to the tenure; and\nanother person requests the Minister to make the report available to the person;\nthe Minister must make the report available to the person.\n- (a) a tenure holder gives the Minister a report in order to comply with— (i) the regulations; or (ii) a direction under section 387 or 392 ; or (iii) the tenure conditions; and\n- (i) the regulations; or\n- (ii) a direction under section 387 or 392 ; or\n- (iii) the tenure conditions; and\n- (b) the report relates to sub-blocks that are no longer covered by the tenure or by a successor tenure to the tenure; and\n- (c) another person requests the Minister to make the report available to the person;\n- (i) the regulations; or\n- (ii) a direction under section 387 or 392 ; or\n- (iii) the tenure conditions; and","sortOrder":420},{"sectionNumber":"ch.4-pt.4.2","sectionType":"part","heading":"Monitoring and enforcement","content":"# Monitoring and enforcement","sortOrder":421},{"sectionNumber":"ch.4-pt.4.2-div.1","sectionType":"division","heading":"Inspections","content":"## Inspections","sortOrder":422},{"sectionNumber":"sec.377","sectionType":"section","heading":"Compliance inspections","content":"### sec.377 Compliance inspections\n\nA compliance inspection is an inspection carried out to decide whether—\na tenure holder, a special purpose consent holder or an associate has complied with or is complying with—\nthis Act or the regulations; or\nthe tenure or consent conditions; or\na direction under section 387 or 392 ; or\na person is exploring for or recovering minerals in breach of section 38 .\nAn inspector may carry out a compliance inspection under—\nsection 379 (inspection of tenure-related premises etc. without a warrant);\nsection 380 (inspection of other premises etc. with consent of the occupier);\nsection 381 (inspection of premises etc. with a warrant).\n- (a) a tenure holder, a special purpose consent holder or an associate has complied with or is complying with— (i) this Act or the regulations; or (ii) the tenure or consent conditions; or (iii) a direction under section 387 or 392 ; or\n- (i) this Act or the regulations; or\n- (ii) the tenure or consent conditions; or\n- (iii) a direction under section 387 or 392 ; or\n- (b) a person is exploring for or recovering minerals in breach of section 38 .\n- (i) this Act or the regulations; or\n- (ii) the tenure or consent conditions; or\n- (iii) a direction under section 387 or 392 ; or\n- • section 379 (inspection of tenure-related premises etc. without a warrant);\n- • section 380 (inspection of other premises etc. with consent of the occupier);\n- • section 381 (inspection of premises etc. with a warrant).","sortOrder":423},{"sectionNumber":"sec.378","sectionType":"section","heading":"Powers exercisable in course of inspection","content":"### sec.378 Powers exercisable in course of inspection\n\nIf an inspector may carry out a compliance inspection, the inspector may do anything that is reasonable and necessary to carry out the inspection.\nWithout limiting subsection (1) , the inspector may—\nexamine things that are being used for exploration or mining purposes and things that appear to the inspector to be intended to be used for those purposes; and\ntest equipment, including, for example, by operating it; and\nexamine and copy documents; and\nremove documents; and\ntake photographs and videotapes; and\nexamine, and take samples from, the seabed or subsoil; and\nenter or go onto any land, building or structure, subject to sections 379 to 384 ; and\nenter or board any vehicle, vessel or aircraft, subject to sections 379 to 384 .\nIf the compliance inspection is being carried out under a warrant under section 382 , subsection (2) has effect subject to the restrictions that are specified in the warrant.\nSubject to subsections (5) and (6) , if an inspector removes a document under subsection (2) (d) , the inspector may retain the document for as long as is necessary to decide whether the tenure holder, the consent holder or the associate has complied with or is complying with—\nthis Act and the regulations; or\nthe tenure or consent conditions; or\na direction under section 387 or 392 .\nSubject to subsection (6) , the inspector must not retain the document for more than 60 days.\nIf—\na proceeding for an offence against a provision of this Act or the regulations is commenced within that period of 60 days; and\nthe document may be evidence of the commission of the offence;\nthe inspector may retain the document until the proceeding is completed.\nFor subsection (6) , the proceeding for an offence is taken to include any appeal to the Wardens Court in relation to the proceeding.\nWhile an inspector is retaining the document under subsection (4) , the inspector must allow a person to inspect the document if the person would have a right to inspect the document if it were not in the inspector’s possession.\n(sec.378-ssec.1) If an inspector may carry out a compliance inspection, the inspector may do anything that is reasonable and necessary to carry out the inspection.\n(sec.378-ssec.2) Without limiting subsection (1) , the inspector may— examine things that are being used for exploration or mining purposes and things that appear to the inspector to be intended to be used for those purposes; and test equipment, including, for example, by operating it; and examine and copy documents; and remove documents; and take photographs and videotapes; and examine, and take samples from, the seabed or subsoil; and enter or go onto any land, building or structure, subject to sections 379 to 384 ; and enter or board any vehicle, vessel or aircraft, subject to sections 379 to 384 .\n(sec.378-ssec.3) If the compliance inspection is being carried out under a warrant under section 382 , subsection (2) has effect subject to the restrictions that are specified in the warrant.\n(sec.378-ssec.4) Subject to subsections (5) and (6) , if an inspector removes a document under subsection (2) (d) , the inspector may retain the document for as long as is necessary to decide whether the tenure holder, the consent holder or the associate has complied with or is complying with— this Act and the regulations; or the tenure or consent conditions; or a direction under section 387 or 392 .\n(sec.378-ssec.5) Subject to subsection (6) , the inspector must not retain the document for more than 60 days.\n(sec.378-ssec.6) If— a proceeding for an offence against a provision of this Act or the regulations is commenced within that period of 60 days; and the document may be evidence of the commission of the offence; the inspector may retain the document until the proceeding is completed.\n(sec.378-ssec.7) For subsection (6) , the proceeding for an offence is taken to include any appeal to the Wardens Court in relation to the proceeding.\n(sec.378-ssec.8) While an inspector is retaining the document under subsection (4) , the inspector must allow a person to inspect the document if the person would have a right to inspect the document if it were not in the inspector’s possession.\n- (a) examine things that are being used for exploration or mining purposes and things that appear to the inspector to be intended to be used for those purposes; and\n- (b) test equipment, including, for example, by operating it; and\n- (c) examine and copy documents; and\n- (d) remove documents; and\n- (e) take photographs and videotapes; and\n- (f) examine, and take samples from, the seabed or subsoil; and\n- (g) enter or go onto any land, building or structure, subject to sections 379 to 384 ; and\n- (h) enter or board any vehicle, vessel or aircraft, subject to sections 379 to 384 .\n- (a) this Act and the regulations; or\n- (b) the tenure or consent conditions; or\n- (c) a direction under section 387 or 392 .\n- (a) a proceeding for an offence against a provision of this Act or the regulations is commenced within that period of 60 days; and\n- (b) the document may be evidence of the commission of the offence;","sortOrder":424},{"sectionNumber":"sec.379","sectionType":"section","heading":"Inspection of tenure-related premises etc. without warrant","content":"### sec.379 Inspection of tenure-related premises etc. without warrant\n\nSubject to subsections (2) , (3) and (4) , an inspector may, without a warrant, carry out a compliance inspection of—\ntenure-related land; or\na tenure-related building, structure, vehicle, vessel or aircraft;\nif the inspection is reasonably necessary.\nAn inspection under subsection (1) must be made at a reasonable time.\nAn inspector may not enter premises under subsection (1) if—\nthe premises are a residence; and\nthe occupier has not consented to the entry.\nAn inspector may not carry out a compliance inspection under subsection (1) if—\nthe person occupying or in charge of the land, building, structure, vehicle, vessel or aircraft concerned asks the inspector to produce the inspector’s identity card for inspection by the person; and\nthe inspector does not comply with the person’s request.\nFor this section, land or a building, structure, vehicle, vessel or aircraft is tenure-related if—\nit is used in connection with activities carried out under a tenure or special purpose consent; or\nrecords about activities of that kind are kept there.\n(sec.379-ssec.1) Subject to subsections (2) , (3) and (4) , an inspector may, without a warrant, carry out a compliance inspection of— tenure-related land; or a tenure-related building, structure, vehicle, vessel or aircraft; if the inspection is reasonably necessary.\n(sec.379-ssec.2) An inspection under subsection (1) must be made at a reasonable time.\n(sec.379-ssec.3) An inspector may not enter premises under subsection (1) if— the premises are a residence; and the occupier has not consented to the entry.\n(sec.379-ssec.4) An inspector may not carry out a compliance inspection under subsection (1) if— the person occupying or in charge of the land, building, structure, vehicle, vessel or aircraft concerned asks the inspector to produce the inspector’s identity card for inspection by the person; and the inspector does not comply with the person’s request.\n(sec.379-ssec.5) For this section, land or a building, structure, vehicle, vessel or aircraft is tenure-related if— it is used in connection with activities carried out under a tenure or special purpose consent; or records about activities of that kind are kept there.\n- (a) tenure-related land; or\n- (b) a tenure-related building, structure, vehicle, vessel or aircraft;\n- (a) the premises are a residence; and\n- (b) the occupier has not consented to the entry.\n- (a) the person occupying or in charge of the land, building, structure, vehicle, vessel or aircraft concerned asks the inspector to produce the inspector’s identity card for inspection by the person; and\n- (b) the inspector does not comply with the person’s request.\n- (a) it is used in connection with activities carried out under a tenure or special purpose consent; or\n- (b) records about activities of that kind are kept there.","sortOrder":425},{"sectionNumber":"sec.380","sectionType":"section","heading":"Inspection of other premises etc. with occupier’s consent","content":"### sec.380 Inspection of other premises etc. with occupier’s consent\n\nAn inspector may carry out a compliance inspection of land or a building, structure, vehicle, vessel or aircraft with the consent of the person who occupies or is in charge of the land, building, structure, vehicle, vessel or aircraft.","sortOrder":426},{"sectionNumber":"sec.381","sectionType":"section","heading":"Inspection of other premises etc. with warrant","content":"### sec.381 Inspection of other premises etc. with warrant\n\nAn inspector may carry out a compliance inspection under a warrant issued under section 382 .","sortOrder":427},{"sectionNumber":"sec.382","sectionType":"section","heading":"Procedure for obtaining warrant","content":"### sec.382 Procedure for obtaining warrant\n\nAn inspector may apply to a magistrate for a warrant to carry out a compliance inspection of land or of a building, structure, vehicle, vessel or aircraft.\nThe application must be supported by a statement on oath or affirmation that sets out the grounds on which the inspector is applying for the warrant.\nIf the magistrate is satisfied that the compliance inspection is reasonably necessary, the magistrate may issue a warrant to the inspector to carry out the inspection.\nThe warrant must state—\nthe name of the inspector; and\nwhether the inspection may be carried out at any time or only during specified hours of the day; and\nthe day on which the warrant ceases to have effect; and\nthe purposes for which the warrant is issued.\nThe day specified under subsection (4) (c) must not be more than 7 days after the day on which the warrant is issued.\nThe purposes specified under subsection (4) (d) must include the identification of—\nthe land, building, structure, vehicle, vessel or aircraft to be inspected; and\nany equipment that the inspector may test; and\nany documents that the inspector may examine and copy; and\nany cores or cuttings from the seabed or subsoil that the inspector may examine and take samples of.\n(sec.382-ssec.1) An inspector may apply to a magistrate for a warrant to carry out a compliance inspection of land or of a building, structure, vehicle, vessel or aircraft.\n(sec.382-ssec.2) The application must be supported by a statement on oath or affirmation that sets out the grounds on which the inspector is applying for the warrant.\n(sec.382-ssec.3) If the magistrate is satisfied that the compliance inspection is reasonably necessary, the magistrate may issue a warrant to the inspector to carry out the inspection.\n(sec.382-ssec.4) The warrant must state— the name of the inspector; and whether the inspection may be carried out at any time or only during specified hours of the day; and the day on which the warrant ceases to have effect; and the purposes for which the warrant is issued.\n(sec.382-ssec.5) The day specified under subsection (4) (c) must not be more than 7 days after the day on which the warrant is issued.\n(sec.382-ssec.6) The purposes specified under subsection (4) (d) must include the identification of— the land, building, structure, vehicle, vessel or aircraft to be inspected; and any equipment that the inspector may test; and any documents that the inspector may examine and copy; and any cores or cuttings from the seabed or subsoil that the inspector may examine and take samples of.\n- (a) the name of the inspector; and\n- (b) whether the inspection may be carried out at any time or only during specified hours of the day; and\n- (c) the day on which the warrant ceases to have effect; and\n- (d) the purposes for which the warrant is issued.\n- (a) the land, building, structure, vehicle, vessel or aircraft to be inspected; and\n- (b) any equipment that the inspector may test; and\n- (c) any documents that the inspector may examine and copy; and\n- (d) any cores or cuttings from the seabed or subsoil that the inspector may examine and take samples of.","sortOrder":428},{"sectionNumber":"sec.383","sectionType":"section","heading":"Further provisions as to exercise of powers under warrant","content":"### sec.383 Further provisions as to exercise of powers under warrant\n\nIf a warrant for a compliance inspection is issued to an inspector under section 382 , the warrant authorises the inspector to carry out the inspection—\nwith help that is reasonable and necessary; and\nby force that is reasonable and necessary.\nAn inspector may not carry out a compliance inspection under a warrant if—\nthe person occupying or in charge of the land, building, structure, vehicle, vessel or aircraft concerned asks the inspector to produce the inspector’s identity card for inspection by the person; and\nthe inspector does not comply with the person’s request.\n(sec.383-ssec.1) If a warrant for a compliance inspection is issued to an inspector under section 382 , the warrant authorises the inspector to carry out the inspection— with help that is reasonable and necessary; and by force that is reasonable and necessary.\n(sec.383-ssec.2) An inspector may not carry out a compliance inspection under a warrant if— the person occupying or in charge of the land, building, structure, vehicle, vessel or aircraft concerned asks the inspector to produce the inspector’s identity card for inspection by the person; and the inspector does not comply with the person’s request.\n- (a) with help that is reasonable and necessary; and\n- (b) by force that is reasonable and necessary.\n- (a) the person occupying or in charge of the land, building, structure, vehicle, vessel or aircraft concerned asks the inspector to produce the inspector’s identity card for inspection by the person; and\n- (b) the inspector does not comply with the person’s request.","sortOrder":429},{"sectionNumber":"sec.384","sectionType":"section","heading":"Occupier to cooperate with inspector","content":"### sec.384 Occupier to cooperate with inspector\n\nIf an inspector carries out a compliance inspection of land or of a building, structure, vehicle, vessel or aircraft under section 379 or 381 , the person who occupies or is in charge of it must provide the inspector with the facilities and help that the inspector reasonably requires for carrying out the inspection.\nMaximum penalty—67 penalty units.\nWhen making the requirement, the inspector must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.384-ssec.1) If an inspector carries out a compliance inspection of land or of a building, structure, vehicle, vessel or aircraft under section 379 or 381 , the person who occupies or is in charge of it must provide the inspector with the facilities and help that the inspector reasonably requires for carrying out the inspection. Maximum penalty—67 penalty units.\n(sec.384-ssec.2) When making the requirement, the inspector must warn the person that it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.","sortOrder":430},{"sectionNumber":"ch.4-pt.4.2-div.2","sectionType":"division","heading":"Directions","content":"## Directions","sortOrder":431},{"sectionNumber":"sec.385","sectionType":"section","heading":"Directions by Minister must be obeyed","content":"### sec.385 Directions by Minister must be obeyed\n\nA person must comply with a direction under section 387 or 392 .\nMaximum penalty—134 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\nA person must comply with a supplementary direction given under section 391 (2) .\nMaximum penalty—67 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\ns 385 amd 2013 No. 51 s 229 sch 1\n(sec.385-ssec.1) A person must comply with a direction under section 387 or 392 . Maximum penalty—134 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\n(sec.385-ssec.2) A person must comply with a supplementary direction given under section 391 (2) . Maximum penalty—67 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.","sortOrder":432},{"sectionNumber":"sec.386","sectionType":"section","heading":"Scope of directions","content":"### sec.386 Scope of directions\n\nThe Minister may give a direction under section 387 or 392 if it is necessary or convenient to do so to carry out or give effect to this Act or the regulations.\nWithout limiting subsection (1) , directions may be given about—\nthe control of offshore exploration or mining activities; and\nthe conservation and protection of the mineral resources in coastal waters; and\nthe remedying of damage caused—\nto the seabed or subsoil in coastal waters by offshore exploration or mining activities; or\nby the escape of substances as a result of offshore exploration or mining activities; and\nthe protection of the environment; and\nthe keeping of records and samples; and\nthe giving of records and samples to the Minister for inspection; and\nthe making of returns.\nFor offshore exploration or mining activities see the dictionary.\nFor subsection (2) , the control of offshore exploration or mining activities extends to the control of—\nthe construction, maintenance and operation of installations used in or for use in exploration or mining activities in coastal waters; and\nthe flow or discharge of fluids arising from exploration or mining activities in coastal waters; and\nthe safety, health and welfare of persons working in offshore exploration or mining activities; and\nthe maintenance of structures, equipment and property used in or for use in offshore exploration or mining activities.\nFor offshore exploration or mining activities see the dictionary.\n(sec.386-ssec.1) The Minister may give a direction under section 387 or 392 if it is necessary or convenient to do so to carry out or give effect to this Act or the regulations.\n(sec.386-ssec.2) Without limiting subsection (1) , directions may be given about— the control of offshore exploration or mining activities; and the conservation and protection of the mineral resources in coastal waters; and the remedying of damage caused— to the seabed or subsoil in coastal waters by offshore exploration or mining activities; or by the escape of substances as a result of offshore exploration or mining activities; and the protection of the environment; and the keeping of records and samples; and the giving of records and samples to the Minister for inspection; and the making of returns. For offshore exploration or mining activities see the dictionary.\n(sec.386-ssec.3) For subsection (2) , the control of offshore exploration or mining activities extends to the control of— the construction, maintenance and operation of installations used in or for use in exploration or mining activities in coastal waters; and the flow or discharge of fluids arising from exploration or mining activities in coastal waters; and the safety, health and welfare of persons working in offshore exploration or mining activities; and the maintenance of structures, equipment and property used in or for use in offshore exploration or mining activities. For offshore exploration or mining activities see the dictionary.\n- (a) the control of offshore exploration or mining activities; and\n- (b) the conservation and protection of the mineral resources in coastal waters; and\n- (c) the remedying of damage caused— (i) to the seabed or subsoil in coastal waters by offshore exploration or mining activities; or (ii) by the escape of substances as a result of offshore exploration or mining activities; and\n- (i) to the seabed or subsoil in coastal waters by offshore exploration or mining activities; or\n- (ii) by the escape of substances as a result of offshore exploration or mining activities; and\n- (d) the protection of the environment; and\n- (e) the keeping of records and samples; and\n- (f) the giving of records and samples to the Minister for inspection; and\n- (g) the making of returns.\n- (i) to the seabed or subsoil in coastal waters by offshore exploration or mining activities; or\n- (ii) by the escape of substances as a result of offshore exploration or mining activities; and\n- (a) the construction, maintenance and operation of installations used in or for use in exploration or mining activities in coastal waters; and\n- (b) the flow or discharge of fluids arising from exploration or mining activities in coastal waters; and\n- (c) the safety, health and welfare of persons working in offshore exploration or mining activities; and\n- (d) the maintenance of structures, equipment and property used in or for use in offshore exploration or mining activities.","sortOrder":433},{"sectionNumber":"sec.387","sectionType":"section","heading":"Minister may give directions","content":"### sec.387 Minister may give directions\n\nThe Minister may direct a tenure holder or special purpose consent holder to do or not to do the thing specified in the direction.\nThe direction must be in writing and is given by serving it on the holder.\n(sec.387-ssec.1) The Minister may direct a tenure holder or special purpose consent holder to do or not to do the thing specified in the direction.\n(sec.387-ssec.2) The direction must be in writing and is given by serving it on the holder.","sortOrder":434},{"sectionNumber":"sec.388","sectionType":"section","heading":"Direction may incorporate material in another document","content":"### sec.388 Direction may incorporate material in another document\n\nA direction under section 387 may apply, adopt or incorporate a code of practice or a standard that is contained in another document.\nThe application, adoption or incorporation of the other document may be made with or without modification.\nThe other document may be one issued outside Australia.\nThe direction may apply, adopt or modify the other document—\nas in force at the time when the direction is given; or\nas in force from time to time.\nIf a direction applies, adopts or incorporates material in another document, a copy of the document must be attached to the direction when it is given to the tenure holder or special purpose consent holder.\n(sec.388-ssec.1) A direction under section 387 may apply, adopt or incorporate a code of practice or a standard that is contained in another document.\n(sec.388-ssec.2) The application, adoption or incorporation of the other document may be made with or without modification.\n(sec.388-ssec.3) The other document may be one issued outside Australia.\n(sec.388-ssec.4) The direction may apply, adopt or modify the other document— as in force at the time when the direction is given; or as in force from time to time.\n(sec.388-ssec.5) If a direction applies, adopts or incorporates material in another document, a copy of the document must be attached to the direction when it is given to the tenure holder or special purpose consent holder.\n- (a) as in force at the time when the direction is given; or\n- (b) as in force from time to time.","sortOrder":435},{"sectionNumber":"sec.389","sectionType":"section","heading":"Direction may impose absolute prohibition","content":"### sec.389 Direction may impose absolute prohibition\n\nWithout limiting section 387 , a direction under that section may—\nprohibit absolutely the doing of a thing; or\nprohibit the doing of a thing unless a person’s consent or approval is obtained.\n- (a) prohibit absolutely the doing of a thing; or\n- (b) prohibit the doing of a thing unless a person’s consent or approval is obtained.","sortOrder":436},{"sectionNumber":"sec.390","sectionType":"section","heading":"Direction may extend to associates","content":"### sec.390 Direction may extend to associates\n\nA direction under section 387 to a tenure holder or special purpose consent holder may extend to an associate specified in the direction.\nAn associate may be specified by name or by class.\nThe direction may provide that only particular obligations specified in the direction extend to a particular associate.\n(sec.390-ssec.1) A direction under section 387 to a tenure holder or special purpose consent holder may extend to an associate specified in the direction.\n(sec.390-ssec.2) An associate may be specified by name or by class.\n(sec.390-ssec.3) The direction may provide that only particular obligations specified in the direction extend to a particular associate.","sortOrder":437},{"sectionNumber":"sec.391","sectionType":"section","heading":"Holder to give notice of direction to associates","content":"### sec.391 Holder to give notice of direction to associates\n\nIf a direction under section 387 extends to an associate, the tenure holder or special purpose consent holder must either—\ngive a copy of the direction to the associate; or\ndisplay a copy of the direction at a place that the associate goes to in the course of carrying out activities under the tenure or consent.\nMaximum penalty—67 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\nThe Minister may give the tenure holder or special purpose consent holder a supplementary direction that specifies the way in which, or the places at which, copies of a direction are to be displayed under subsection (1) (b) .\nA supplementary direction has effect as if it were part of the original direction.\ns 391 amd 2013 No. 51 s 229 sch 1\n(sec.391-ssec.1) If a direction under section 387 extends to an associate, the tenure holder or special purpose consent holder must either— give a copy of the direction to the associate; or display a copy of the direction at a place that the associate goes to in the course of carrying out activities under the tenure or consent. Maximum penalty—67 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\n(sec.391-ssec.2) The Minister may give the tenure holder or special purpose consent holder a supplementary direction that specifies the way in which, or the places at which, copies of a direction are to be displayed under subsection (1) (b) .\n(sec.391-ssec.3) A supplementary direction has effect as if it were part of the original direction.\n- (a) give a copy of the direction to the associate; or\n- (b) display a copy of the direction at a place that the associate goes to in the course of carrying out activities under the tenure or consent.","sortOrder":438},{"sectionNumber":"sec.392","sectionType":"section","heading":"Power to give directions after tenure etc. ends","content":"### sec.392 Power to give directions after tenure etc. ends\n\nIf a person is bound by an obligation because of section 131 , 191 , 266 or 314 , the Minister may direct the person to do a thing or not to do a thing specified in the direction.\nA direction may be given only for the following purposes—\nto ensure that the obligation is complied with;\na purpose that is incidental to the purpose in paragraph (a) .\nSections 131 , 191 , 266 and 314 provide for undischarged obligations to continue to bind a former tenure holder or associate after the tenure ends.\nA direction must be in writing and is given by serving it on the person bound by the obligation.\n(sec.392-ssec.1) If a person is bound by an obligation because of section 131 , 191 , 266 or 314 , the Minister may direct the person to do a thing or not to do a thing specified in the direction.\n(sec.392-ssec.2) A direction may be given only for the following purposes— to ensure that the obligation is complied with; a purpose that is incidental to the purpose in paragraph (a) . Sections 131 , 191 , 266 and 314 provide for undischarged obligations to continue to bind a former tenure holder or associate after the tenure ends.\n(sec.392-ssec.3) A direction must be in writing and is given by serving it on the person bound by the obligation.\n- (a) to ensure that the obligation is complied with;\n- (b) a purpose that is incidental to the purpose in paragraph (a) .","sortOrder":439},{"sectionNumber":"sec.393","sectionType":"section","heading":"Effect of directions on other instruments","content":"### sec.393 Effect of directions on other instruments\n\nA later direction under section 387 or 392 overrides an earlier direction if they are inconsistent.\nA direction has effect despite anything in—\nthe regulations; or\na tenure condition about safety or environmental matters.\n(sec.393-ssec.1) A later direction under section 387 or 392 overrides an earlier direction if they are inconsistent.\n(sec.393-ssec.2) A direction has effect despite anything in— the regulations; or a tenure condition about safety or environmental matters.\n- (a) the regulations; or\n- (b) a tenure condition about safety or environmental matters.","sortOrder":440},{"sectionNumber":"sec.394","sectionType":"section","heading":"Minister may specify time for compliance","content":"### sec.394 Minister may specify time for compliance\n\nIf the Minister gives a direction under section 387 or 392 to a person, the Minister may—\nspecify in the direction a time for compliance with the direction; or\ngive the person a supplementary direction specifying a time for compliance with the direction.\nA supplementary direction has effect as if it were part of the original direction.\n(sec.394-ssec.1) If the Minister gives a direction under section 387 or 392 to a person, the Minister may— specify in the direction a time for compliance with the direction; or give the person a supplementary direction specifying a time for compliance with the direction.\n(sec.394-ssec.2) A supplementary direction has effect as if it were part of the original direction.\n- (a) specify in the direction a time for compliance with the direction; or\n- (b) give the person a supplementary direction specifying a time for compliance with the direction.","sortOrder":441},{"sectionNumber":"sec.395","sectionType":"section","heading":"Minister may take action if holder fails to comply","content":"### sec.395 Minister may take action if holder fails to comply\n\nThe Minister may do all or any of the things required by a direction under section 387 or 392 if—\nthe time for compliance specified under section 394 has ended; and\nthe person to whom the direction was given or to whom it extended has not complied with the direction.\nIf the direction required consultation under section 387 (3) , the Minister must not take action under subsection (1) without similar consultation.\n(sec.395-ssec.1) The Minister may do all or any of the things required by a direction under section 387 or 392 if— the time for compliance specified under section 394 has ended; and the person to whom the direction was given or to whom it extended has not complied with the direction.\n(sec.395-ssec.2) If the direction required consultation under section 387 (3) , the Minister must not take action under subsection (1) without similar consultation.\n- (a) the time for compliance specified under section 394 has ended; and\n- (b) the person to whom the direction was given or to whom it extended has not complied with the direction.","sortOrder":442},{"sectionNumber":"sec.396","sectionType":"section","heading":"Costs incurred by Minister in taking action under section 395","content":"### sec.396 Costs incurred by Minister in taking action under section 395\n\nIf—\nthe Minister takes action under section 395 in relation to a direction under section 387 given to a tenure holder or special purpose consent holder; and\nthe direction does not extend to an associate of the holder;\nthe costs and expenses incurred by the Minister in taking that action are a debt due to the State by the holder.\nIf—\na direction under section 387 specifies that a particular associate of a tenure holder or special purpose consent holder is subject to a particular obligation; and\nthe Minister takes action under section 395 in relation to that obligation;\nthe costs and expenses incurred by the Minister in taking that action are a debt due to the State by the holder and the associate.\nThe associate and the holder are jointly and severally liable to pay the debt arising under subsection (2) .\nA debt under this section is recoverable in the Wardens Court.\n(sec.396-ssec.1) If— the Minister takes action under section 395 in relation to a direction under section 387 given to a tenure holder or special purpose consent holder; and the direction does not extend to an associate of the holder; the costs and expenses incurred by the Minister in taking that action are a debt due to the State by the holder.\n(sec.396-ssec.2) If— a direction under section 387 specifies that a particular associate of a tenure holder or special purpose consent holder is subject to a particular obligation; and the Minister takes action under section 395 in relation to that obligation; the costs and expenses incurred by the Minister in taking that action are a debt due to the State by the holder and the associate.\n(sec.396-ssec.3) The associate and the holder are jointly and severally liable to pay the debt arising under subsection (2) .\n(sec.396-ssec.4) A debt under this section is recoverable in the Wardens Court.\n- (a) the Minister takes action under section 395 in relation to a direction under section 387 given to a tenure holder or special purpose consent holder; and\n- (b) the direction does not extend to an associate of the holder;\n- (a) a direction under section 387 specifies that a particular associate of a tenure holder or special purpose consent holder is subject to a particular obligation; and\n- (b) the Minister takes action under section 395 in relation to that obligation;","sortOrder":443},{"sectionNumber":"sec.397","sectionType":"section","heading":"Defences to actions to recover debts","content":"### sec.397 Defences to actions to recover debts\n\nIt is a defence to an action to recover the debt from the tenure holder, special purpose consent holder or the associate if—\nthe holder or associate produces evidence that the holder or associate took all reasonable steps to comply with the direction; and\nthe evidence is not rebutted.\nIt is a defence to an action to recover the debt from the associate if—\nthe associate produces evidence that the associate did not know of, and could not reasonably be expected to know of, the existence of the direction; and\nthe evidence is not rebutted.\n(sec.397-ssec.1) It is a defence to an action to recover the debt from the tenure holder, special purpose consent holder or the associate if— the holder or associate produces evidence that the holder or associate took all reasonable steps to comply with the direction; and the evidence is not rebutted.\n(sec.397-ssec.2) It is a defence to an action to recover the debt from the associate if— the associate produces evidence that the associate did not know of, and could not reasonably be expected to know of, the existence of the direction; and the evidence is not rebutted.\n- (a) the holder or associate produces evidence that the holder or associate took all reasonable steps to comply with the direction; and\n- (b) the evidence is not rebutted.\n- (a) the associate produces evidence that the associate did not know of, and could not reasonably be expected to know of, the existence of the direction; and\n- (b) the evidence is not rebutted.","sortOrder":444},{"sectionNumber":"ch.4-pt.4.2-div.3","sectionType":"division","heading":"Securities","content":"## Securities","sortOrder":445},{"sectionNumber":"sec.398","sectionType":"section","heading":"Securities","content":"### sec.398 Securities\n\nA person may be required to lodge a security with the Minister under—\nsection 399 ; or\nsection 118 , 177 , 254 or 304 .\nSecurities are required as a way of ensuring compliance with this Act and with tenure conditions.\nSecurities may only be used for the purposes mentioned in section 400 .\n(sec.398-ssec.1) A person may be required to lodge a security with the Minister under— section 399 ; or section 118 , 177 , 254 or 304 .\n(sec.398-ssec.2) Securities are required as a way of ensuring compliance with this Act and with tenure conditions.\n(sec.398-ssec.3) Securities may only be used for the purposes mentioned in section 400 .\n- (a) section 399 ; or\n- (b) section 118 , 177 , 254 or 304 .","sortOrder":446},{"sectionNumber":"sec.399","sectionType":"section","heading":"Decision about requirement to lodge security","content":"### sec.399 Decision about requirement to lodge security\n\nThe Minister may decide that a person who has been provisionally granted a tenure must lodge a security with the Minister.\nThe provisional holder will be given notice of the decision under section 66 or 83 , 147 , 210 or 227 or 279 .\nIf the provisional holder does not lodge the security within a particular time provided for in this Act, the provisional grant will lapse (see section 72 or 86 , 153 , 216 or 230 or 285 ).\nIf the Minister provisionally renews a tenure, the Minister may decide that the tenure holder must lodge a security with the Minister.\nThe tenure holder will be given notice of the decision under section 110 , 169 , 246 or 296 .\nIf the holder does not lodge the security within a particular time provided for in this Act, the provisional renewal will lapse (see section 116 , 175 , 252 or 302 ).\nA decision under subsection (1) or (2) must specify—\nthe amount of the security required; and\nthe kind of security required; and\nthe way and the form in which the security is to be lodged.\nWithout limiting subsections (1) and (2) , a decision may require the lodgment of a security in the form of a guarantee and, if a guarantee is required, the decision may specify—\nthe kind of person who is to give the guarantee; and\nthe terms of the guarantee.\nThe decision must be in writing.\nIf a person is provisionally granted a tenure over a tender sub-block, the amount decided as a security under subsection (1) must be the amount of security referred to in the tender sub-block tenure notice.\nFor the contents of a tender sub-block tenure notice see sections 75 and 219 .\n(sec.399-ssec.1) The Minister may decide that a person who has been provisionally granted a tenure must lodge a security with the Minister. The provisional holder will be given notice of the decision under section 66 or 83 , 147 , 210 or 227 or 279 . If the provisional holder does not lodge the security within a particular time provided for in this Act, the provisional grant will lapse (see section 72 or 86 , 153 , 216 or 230 or 285 ).\n(sec.399-ssec.2) If the Minister provisionally renews a tenure, the Minister may decide that the tenure holder must lodge a security with the Minister. The tenure holder will be given notice of the decision under section 110 , 169 , 246 or 296 . If the holder does not lodge the security within a particular time provided for in this Act, the provisional renewal will lapse (see section 116 , 175 , 252 or 302 ).\n(sec.399-ssec.3) A decision under subsection (1) or (2) must specify— the amount of the security required; and the kind of security required; and the way and the form in which the security is to be lodged.\n(sec.399-ssec.4) Without limiting subsections (1) and (2) , a decision may require the lodgment of a security in the form of a guarantee and, if a guarantee is required, the decision may specify— the kind of person who is to give the guarantee; and the terms of the guarantee.\n(sec.399-ssec.5) The decision must be in writing.\n(sec.399-ssec.6) If a person is provisionally granted a tenure over a tender sub-block, the amount decided as a security under subsection (1) must be the amount of security referred to in the tender sub-block tenure notice. For the contents of a tender sub-block tenure notice see sections 75 and 219 .\n- (a) the amount of the security required; and\n- (b) the kind of security required; and\n- (c) the way and the form in which the security is to be lodged.\n- (a) the kind of person who is to give the guarantee; and\n- (b) the terms of the guarantee.","sortOrder":447},{"sectionNumber":"sec.400","sectionType":"section","heading":"Application of security","content":"### sec.400 Application of security\n\nIf—\na person is or was a tenure holder; and\nthe person has lodged a security with the Minister;\nthe Minister may use the security to discharge the person’s obligations arising from a failure to comply with—\nthis Act or the regulations; or\nthe tenure conditions; or\na direction under section 387 or 392 .\nWithout limiting subsection (1) , the holder’s financial obligations include the obligation to pay a penalty imposed under the tenure conditions.\nSubject to subsection (1) , the Minister is to deal with a security as provided under a regulation.\n(sec.400-ssec.1) If— a person is or was a tenure holder; and the person has lodged a security with the Minister; the Minister may use the security to discharge the person’s obligations arising from a failure to comply with— this Act or the regulations; or the tenure conditions; or a direction under section 387 or 392 .\n(sec.400-ssec.2) Without limiting subsection (1) , the holder’s financial obligations include the obligation to pay a penalty imposed under the tenure conditions.\n(sec.400-ssec.3) Subject to subsection (1) , the Minister is to deal with a security as provided under a regulation.\n- (a) a person is or was a tenure holder; and\n- (b) the person has lodged a security with the Minister;\n- (c) this Act or the regulations; or\n- (d) the tenure conditions; or\n- (e) a direction under section 387 or 392 .","sortOrder":448},{"sectionNumber":"ch.4-pt.4.2-div.4","sectionType":"division","heading":"Restoration of environment","content":"## Restoration of environment","sortOrder":449},{"sectionNumber":"sec.401","sectionType":"section","heading":"Removal of property from coastal waters","content":"### sec.401 Removal of property from coastal waters\n\nA regulation may provide for—\nthe removal from coastal waters of property—\nthat has been brought into coastal waters for use in offshore exploration or mining activities; and\nthat is not being used, and is not intended to be used, in exploration or mining activities under a tenure; and\nthe disposal by the Minister of property removed under a regulation made for paragraph (a) ; and\nthe recovery of costs and expenses incurred by the Minister or another person in removing or disposing of property under a regulation made for paragraphs (a) and (b) .\nFor offshore exploration or mining activities see the dictionary.\nA regulation made for subsection (1) (a) may provide for removal by the Minister or by someone else.\nA regulation made for subsection (1) (c) may provide for the recovery of costs by way of deduction from the proceeds of the disposal.\nSubject to the regulations, no action lies in relation to the removal or disposal of property as provided under a regulation.\nIn this section—\nproperty includes a structure or equipment.\n(sec.401-ssec.1) A regulation may provide for— the removal from coastal waters of property— that has been brought into coastal waters for use in offshore exploration or mining activities; and that is not being used, and is not intended to be used, in exploration or mining activities under a tenure; and the disposal by the Minister of property removed under a regulation made for paragraph (a) ; and the recovery of costs and expenses incurred by the Minister or another person in removing or disposing of property under a regulation made for paragraphs (a) and (b) . For offshore exploration or mining activities see the dictionary.\n(sec.401-ssec.2) A regulation made for subsection (1) (a) may provide for removal by the Minister or by someone else.\n(sec.401-ssec.3) A regulation made for subsection (1) (c) may provide for the recovery of costs by way of deduction from the proceeds of the disposal.\n(sec.401-ssec.4) Subject to the regulations, no action lies in relation to the removal or disposal of property as provided under a regulation.\n(sec.401-ssec.5) In this section— property includes a structure or equipment.\n- (a) the removal from coastal waters of property— (i) that has been brought into coastal waters for use in offshore exploration or mining activities; and (ii) that is not being used, and is not intended to be used, in exploration or mining activities under a tenure; and\n- (i) that has been brought into coastal waters for use in offshore exploration or mining activities; and\n- (ii) that is not being used, and is not intended to be used, in exploration or mining activities under a tenure; and\n- (b) the disposal by the Minister of property removed under a regulation made for paragraph (a) ; and\n- (c) the recovery of costs and expenses incurred by the Minister or another person in removing or disposing of property under a regulation made for paragraphs (a) and (b) .\n- (i) that has been brought into coastal waters for use in offshore exploration or mining activities; and\n- (ii) that is not being used, and is not intended to be used, in exploration or mining activities under a tenure; and","sortOrder":450},{"sectionNumber":"sec.402","sectionType":"section","heading":"Rehabilitation of damaged areas","content":"### sec.402 Rehabilitation of damaged areas\n\nA regulation may provide for—\nthe rehabilitation of an area in coastal waters that has been damaged or affected by offshore exploration or mining activities of a tenure holder; and\nthe recovery of costs and expenses incurred by the Minister in rehabilitating an area under a regulation made for paragraph (a) .\nA regulation made for subsection (1) (a) may provide for the rehabilitation to be carried out by the Minister or someone else.\nA regulation made for subsection (1) (b) may provide for the recovery of costs and expenses by way of deduction from the tenure holder’s security.\n(sec.402-ssec.1) A regulation may provide for— the rehabilitation of an area in coastal waters that has been damaged or affected by offshore exploration or mining activities of a tenure holder; and the recovery of costs and expenses incurred by the Minister in rehabilitating an area under a regulation made for paragraph (a) .\n(sec.402-ssec.2) A regulation made for subsection (1) (a) may provide for the rehabilitation to be carried out by the Minister or someone else.\n(sec.402-ssec.3) A regulation made for subsection (1) (b) may provide for the recovery of costs and expenses by way of deduction from the tenure holder’s security.\n- (a) the rehabilitation of an area in coastal waters that has been damaged or affected by offshore exploration or mining activities of a tenure holder; and\n- (b) the recovery of costs and expenses incurred by the Minister in rehabilitating an area under a regulation made for paragraph (a) .","sortOrder":451},{"sectionNumber":"ch.4-pt.4.2-div.5","sectionType":"division","heading":"Safety zones","content":"## Safety zones","sortOrder":452},{"sectionNumber":"sec.403","sectionType":"section","heading":"Declaration of safety zone around a structure or equipment","content":"### sec.403 Declaration of safety zone around a structure or equipment\n\nA regulation may establish a safety zone around a structure or equipment in coastal waters.\nA safety zone may only be established for the purpose of protecting the structure or equipment.\nThe safety zone may extend not more than 500m from the outer edge of the structure or equipment.\nThe regulation may apply to—\nall vessels; or\nall vessels except those specified in the regulation.\n(sec.403-ssec.1) A regulation may establish a safety zone around a structure or equipment in coastal waters.\n(sec.403-ssec.2) A safety zone may only be established for the purpose of protecting the structure or equipment.\n(sec.403-ssec.3) The safety zone may extend not more than 500m from the outer edge of the structure or equipment.\n(sec.403-ssec.4) The regulation may apply to— all vessels; or all vessels except those specified in the regulation.\n- (a) all vessels; or\n- (b) all vessels except those specified in the regulation.","sortOrder":453},{"sectionNumber":"sec.404","sectionType":"section","heading":"Effect of declaration of safety zone","content":"### sec.404 Effect of declaration of safety zone\n\nIf a safety zone is established by regulation under section 403 , a vessel to which the regulation applies must not enter or remain in the safety zone without the written consent of the Minister.\nIf a consent is given under subsection (1) on conditions, a vessel to which the consent applies may enter or remain in the safety zone only as provided by the conditions.\nThe owner of a vessel and the person in command or in charge of a vessel each commit an indictable offence if the vessel enters or remains in a safety zone in contravention of subsection (1) or (2) , and are liable to a maximum penalty of 4 150 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\nIt is a defence to a prosecution of a person for an offence against subsection (3) if the person satisfies the court that—\nan unforeseen emergency made it necessary for the vessel to enter or remain in the safety zone to attempt to secure the safety of—\na human life; or\nthe vessel; or\nanother vessel; or\na well, pipeline, structure or equipment; or\nthe vessel entered or remained in the safety zone in circumstances beyond the control of the person who was in command or in charge of the vessel (for example, adverse weather).\nIt is a defence to a prosecution of the owner of a vessel for an offence against subsection (3) if the owner satisfies the court that the owner—\ndid not aid, abet, counsel or procure the vessel’s entering or remaining in the safety zone; and\nwas not in any way, directly or indirectly, knowingly concerned in, or party to, the vessel’s entering or remaining in the safety zone.\ns 404 amd 2013 No. 51 s 229 sch 1\n(sec.404-ssec.1) If a safety zone is established by regulation under section 403 , a vessel to which the regulation applies must not enter or remain in the safety zone without the written consent of the Minister.\n(sec.404-ssec.2) If a consent is given under subsection (1) on conditions, a vessel to which the consent applies may enter or remain in the safety zone only as provided by the conditions.\n(sec.404-ssec.3) The owner of a vessel and the person in command or in charge of a vessel each commit an indictable offence if the vessel enters or remains in a safety zone in contravention of subsection (1) or (2) , and are liable to a maximum penalty of 4 150 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A , to have also committed the offence.\n(sec.404-ssec.4) It is a defence to a prosecution of a person for an offence against subsection (3) if the person satisfies the court that— an unforeseen emergency made it necessary for the vessel to enter or remain in the safety zone to attempt to secure the safety of— a human life; or the vessel; or another vessel; or a well, pipeline, structure or equipment; or the vessel entered or remained in the safety zone in circumstances beyond the control of the person who was in command or in charge of the vessel (for example, adverse weather).\n(sec.404-ssec.5) It is a defence to a prosecution of the owner of a vessel for an offence against subsection (3) if the owner satisfies the court that the owner— did not aid, abet, counsel or procure the vessel’s entering or remaining in the safety zone; and was not in any way, directly or indirectly, knowingly concerned in, or party to, the vessel’s entering or remaining in the safety zone.\n- (a) an unforeseen emergency made it necessary for the vessel to enter or remain in the safety zone to attempt to secure the safety of— (i) a human life; or (ii) the vessel; or (iii) another vessel; or (iv) a well, pipeline, structure or equipment; or\n- (i) a human life; or\n- (ii) the vessel; or\n- (iii) another vessel; or\n- (iv) a well, pipeline, structure or equipment; or\n- (b) the vessel entered or remained in the safety zone in circumstances beyond the control of the person who was in command or in charge of the vessel (for example, adverse weather).\n- (i) a human life; or\n- (ii) the vessel; or\n- (iii) another vessel; or\n- (iv) a well, pipeline, structure or equipment; or\n- (a) did not aid, abet, counsel or procure the vessel’s entering or remaining in the safety zone; and\n- (b) was not in any way, directly or indirectly, knowingly concerned in, or party to, the vessel’s entering or remaining in the safety zone.","sortOrder":454},{"sectionNumber":"sec.405-420","sectionType":"section","heading":"Section numbers not used","content":"### sec.405-420 Section numbers not used\n\nSee note 2 to section 3 (1) .","sortOrder":455},{"sectionNumber":"ch.4-pt.4.3","sectionType":"part","heading":"Inspectors","content":"# Inspectors","sortOrder":456},{"sectionNumber":"sec.421","sectionType":"section","heading":"Appointment of inspectors","content":"### sec.421 Appointment of inspectors\n\nThe Minister may appoint an officer of the public service to be an inspector for this Act and the regulations.\nInspectors have powers under sections 367 , 368 , 369 , 370 , 371 , 378 , 379 , 380 and 381 .\nThe appointment must be in writing.\n(sec.421-ssec.1) The Minister may appoint an officer of the public service to be an inspector for this Act and the regulations. Inspectors have powers under sections 367 , 368 , 369 , 370 , 371 , 378 , 379 , 380 and 381 .\n(sec.421-ssec.2) The appointment must be in writing.","sortOrder":457},{"sectionNumber":"sec.422","sectionType":"section","heading":"Identity cards","content":"### sec.422 Identity cards\n\nThe Minister must issue an inspector with an identity card.\nThe card must—\ncontain a recent photograph of the inspector; and\nbe in the approved form.\n(sec.422-ssec.1) The Minister must issue an inspector with an identity card.\n(sec.422-ssec.2) The card must— contain a recent photograph of the inspector; and be in the approved form.\n- (a) contain a recent photograph of the inspector; and\n- (b) be in the approved form.","sortOrder":458},{"sectionNumber":"sec.423","sectionType":"section","heading":"Return of identity card","content":"### sec.423 Return of identity card\n\nA person who stops being an inspector must, as soon as is practicable, return the person’s identity card to the Minister or to an office holder specified by the Minister in a notice given to the person.\nA person must not contravene subsection (1) without reasonable excuse.\nMaximum penalty—1.4 penalty units.\n(sec.423-ssec.1) A person who stops being an inspector must, as soon as is practicable, return the person’s identity card to the Minister or to an office holder specified by the Minister in a notice given to the person.\n(sec.423-ssec.2) A person must not contravene subsection (1) without reasonable excuse. Maximum penalty—1.4 penalty units.","sortOrder":459},{"sectionNumber":"ch.4-pt.4.4","sectionType":"part","heading":"Tenure fees and royalty","content":"# Tenure fees and royalty","sortOrder":460},{"sectionNumber":"ch.4-pt.4.4-div.1","sectionType":"division","heading":"Tenure Fees","content":"## Tenure Fees","sortOrder":461},{"sectionNumber":"sec.424","sectionType":"section","heading":"Definition","content":"### sec.424 Definition\n\nIn this division—\nyear , in relation to the period when a tenure is in force, means—\nthe period of 12 months commencing on (and including) the day on which the provisional grant of the tenure is properly accepted; or\na period of 12 months commencing on (and including) an anniversary of that day; or\na period of less than 12 months that—\ncommences on (and includes)—\nthe day on which the provisional grant of the tenure is properly accepted; or\nan anniversary of that day; and\nends on the expiry of the tenure.\n- (a) the period of 12 months commencing on (and including) the day on which the provisional grant of the tenure is properly accepted; or\n- (b) a period of 12 months commencing on (and including) an anniversary of that day; or\n- (c) a period of less than 12 months that— (i) commences on (and includes)— (A) the day on which the provisional grant of the tenure is properly accepted; or (B) an anniversary of that day; and (ii) ends on the expiry of the tenure.\n- (i) commences on (and includes)— (A) the day on which the provisional grant of the tenure is properly accepted; or (B) an anniversary of that day; and\n- (A) the day on which the provisional grant of the tenure is properly accepted; or\n- (B) an anniversary of that day; and\n- (ii) ends on the expiry of the tenure.\n- (i) commences on (and includes)— (A) the day on which the provisional grant of the tenure is properly accepted; or (B) an anniversary of that day; and\n- (A) the day on which the provisional grant of the tenure is properly accepted; or\n- (B) an anniversary of that day; and\n- (ii) ends on the expiry of the tenure.\n- (A) the day on which the provisional grant of the tenure is properly accepted; or\n- (B) an anniversary of that day; and","sortOrder":462},{"sectionNumber":"sec.425","sectionType":"section","heading":"Tenure fees","content":"### sec.425 Tenure fees\n\nA tenure holder must pay a fee to the Minister for each year during which the tenure is in force.\nSubject to section 426 , the amount of the fee for each type of tenure must be as prescribed under a regulation for that type of tenure.\nIf the tenure has 2 or more holders, the holders are jointly and severally liable to pay the fee.\n(sec.425-ssec.1) A tenure holder must pay a fee to the Minister for each year during which the tenure is in force.\n(sec.425-ssec.2) Subject to section 426 , the amount of the fee for each type of tenure must be as prescribed under a regulation for that type of tenure.\n(sec.425-ssec.3) If the tenure has 2 or more holders, the holders are jointly and severally liable to pay the fee.","sortOrder":463},{"sectionNumber":"sec.426","sectionType":"section","heading":"Limit on amount of fees","content":"### sec.426 Limit on amount of fees\n\nThe amount of the fee for an exploration permit for a year must not be more than the greater of the following amounts—\n$2000;\nthe amount obtained by multiplying $100 by the number of sub-blocks covered by the tenure at the beginning of the year.\nThe amount of the fee for a mineral development licence for a year must not be more than the amount obtained by multiplying $1000 by the number of sub-blocks covered by the tenure at the beginning of the year.\nThe amount of the fee for a mining lease for a year must not be more than the amount obtained by multiplying $1000 by the number of sub-blocks covered by the tenure at the beginning of the year.\nThe amount of the fee for a works licence for a year must not be more than $100 for each hectare or part of a hectare of the area specified in the tenure under section 278 (1) (c) .\n(sec.426-ssec.1) The amount of the fee for an exploration permit for a year must not be more than the greater of the following amounts— $2000; the amount obtained by multiplying $100 by the number of sub-blocks covered by the tenure at the beginning of the year.\n(sec.426-ssec.2) The amount of the fee for a mineral development licence for a year must not be more than the amount obtained by multiplying $1000 by the number of sub-blocks covered by the tenure at the beginning of the year.\n(sec.426-ssec.3) The amount of the fee for a mining lease for a year must not be more than the amount obtained by multiplying $1000 by the number of sub-blocks covered by the tenure at the beginning of the year.\n(sec.426-ssec.4) The amount of the fee for a works licence for a year must not be more than $100 for each hectare or part of a hectare of the area specified in the tenure under section 278 (1) (c) .\n- (a) $2000;\n- (b) the amount obtained by multiplying $100 by the number of sub-blocks covered by the tenure at the beginning of the year.","sortOrder":464},{"sectionNumber":"sec.427","sectionType":"section","heading":"Time for payment","content":"### sec.427 Time for payment\n\nThe fee for a year becomes payable 1 month after the day on which the year begins.","sortOrder":465},{"sectionNumber":"ch.4-pt.4.4-div.2","sectionType":"division","heading":"Royalty","content":"## Royalty","sortOrder":466},{"sectionNumber":"sec.428","sectionType":"section","heading":"Definition","content":"### sec.428 Definition\n\nIn this division—\nroyalty period , in relation to a mining lease, means—\nthe period from (and including) the day on which the tenure takes effect to (and including) the next 30 June or 31 December, whichever is the earlier; and\neach period of 6 months after that period.\n- (a) the period from (and including) the day on which the tenure takes effect to (and including) the next 30 June or 31 December, whichever is the earlier; and\n- (b) each period of 6 months after that period.","sortOrder":467},{"sectionNumber":"sec.429","sectionType":"section","heading":"Royalty","content":"### sec.429 Royalty\n\nA person who is or has been a mining lease holder must pay to the Minister a royalty for all minerals recovered by the holder under the tenure.","sortOrder":468},{"sectionNumber":"sec.430","sectionType":"section","heading":"Rate of royalty","content":"### sec.430 Rate of royalty\n\nSubject to this section, the Minister may, by instrument in writing, decide the rate of royalty payable for a mineral of a kind specified in the instrument.\nWithout limiting subsection (1) , the rates of royalty decided under that subsection may include a rate that is related to the landed value, or to the quantity, of the mineral.\nA rate of royalty decided under subsection (1) applies to any mineral of the relevant kind recovered under a mining lease during the period when the rate is in force.\nA decision about a rate of royalty under subsection (1) takes effect on the day on which the decision instrument is published in the Gazette .\n(sec.430-ssec.1) Subject to this section, the Minister may, by instrument in writing, decide the rate of royalty payable for a mineral of a kind specified in the instrument.\n(sec.430-ssec.2) Without limiting subsection (1) , the rates of royalty decided under that subsection may include a rate that is related to the landed value, or to the quantity, of the mineral.\n(sec.430-ssec.3) A rate of royalty decided under subsection (1) applies to any mineral of the relevant kind recovered under a mining lease during the period when the rate is in force.\n(sec.430-ssec.4) A decision about a rate of royalty under subsection (1) takes effect on the day on which the decision instrument is published in the Gazette .","sortOrder":469},{"sectionNumber":"sec.431","sectionType":"section","heading":"Reduction of royalty in certain cases","content":"### sec.431 Reduction of royalty in certain cases\n\nThe Minister may decide a rate of royalty that is lower than the rate decided under section 430 for—\na particular kind of mineral; or\nall minerals recovered under a particular mining lease.\nA decision is be made by instrument in writing and specify the period for which the lower rate is to be in force.\nA decision may only be made under this section if the Minister is satisfied that recovery of the kind of mineral to which it applies would be uneconomic at the rate decided under section 430 .\n(sec.431-ssec.1) The Minister may decide a rate of royalty that is lower than the rate decided under section 430 for— a particular kind of mineral; or all minerals recovered under a particular mining lease.\n(sec.431-ssec.2) A decision is be made by instrument in writing and specify the period for which the lower rate is to be in force.\n(sec.431-ssec.3) A decision may only be made under this section if the Minister is satisfied that recovery of the kind of mineral to which it applies would be uneconomic at the rate decided under section 430 .\n- (a) a particular kind of mineral; or\n- (b) all minerals recovered under a particular mining lease.","sortOrder":470},{"sectionNumber":"sec.432","sectionType":"section","heading":"Fixing of landed value","content":"### sec.432 Fixing of landed value\n\nFor this division, the landed value of a mineral is—\nan amount agreed between the mining lease holder and the Minister; or\nif there is no agreement within such period as the Minister allows—an amount decided by the Minister by instrument in writing.\n- (a) an amount agreed between the mining lease holder and the Minister; or\n- (b) if there is no agreement within such period as the Minister allows—an amount decided by the Minister by instrument in writing.","sortOrder":471},{"sectionNumber":"sec.433","sectionType":"section","heading":"Fixing of quantity","content":"### sec.433 Fixing of quantity\n\nFor this division, the quantity of any mineral recovered by a mining lease holder during a royalty period is—\nthe quantity agreed between the holder and the Minister; or\nif there is no agreement within such period as the Minister allows—the quantity decided by the Minister by instrument in writing.\n- (a) the quantity agreed between the holder and the Minister; or\n- (b) if there is no agreement within such period as the Minister allows—the quantity decided by the Minister by instrument in writing.","sortOrder":472},{"sectionNumber":"sec.434","sectionType":"section","heading":"Time for payment","content":"### sec.434 Time for payment\n\nRoyalty for any mineral recovered during a royalty period is payable within one month after the last day of that royalty period.","sortOrder":473},{"sectionNumber":"sec.435","sectionType":"section","heading":"State to pay 40% of royalties to Commonwealth","content":"### sec.435 State to pay 40% of royalties to Commonwealth\n\nThe State must pay to the Commonwealth 40% of royalties received under this division.\nPayments under subsection (1) must be made not later than the end of the month that follows the month in which the royalties were received.\nIn this section—\nroyalty includes any penalty for late payment of royalty.\n(sec.435-ssec.1) The State must pay to the Commonwealth 40% of royalties received under this division.\n(sec.435-ssec.2) Payments under subsection (1) must be made not later than the end of the month that follows the month in which the royalties were received.\n(sec.435-ssec.3) In this section— royalty includes any penalty for late payment of royalty.","sortOrder":474},{"sectionNumber":"ch.4-pt.4.4-div.3","sectionType":"division","heading":"Penalties and recovery","content":"## Penalties and recovery","sortOrder":475},{"sectionNumber":"sec.436","sectionType":"section","heading":"Penalty if fee or royalty overdue","content":"### sec.436 Penalty if fee or royalty overdue\n\nSubject to this section, a tenure holder must pay a penalty to the Minister for any fee or amount of royalty that the holder fails to pay when it becomes payable.\nThe penalty is calculated—\non the amount of the fee or royalty that remains unpaid; and\nat the rate of 0.33% for each day during which the fee or royalty is unpaid.\nA penalty is not payable under subsection (1) on an amount of royalty for any period until 7 days after—\nthe landed value of the mineral has been agreed or decided under section 432 , if the rate of royalty is related to the landed value of the mineral; or\nthe quantity of the mineral has been agreed or decided under section 433 , if the rate of royalty is related to the quantity of the mineral recovered.\n(sec.436-ssec.1) Subject to this section, a tenure holder must pay a penalty to the Minister for any fee or amount of royalty that the holder fails to pay when it becomes payable.\n(sec.436-ssec.2) The penalty is calculated— on the amount of the fee or royalty that remains unpaid; and at the rate of 0.33% for each day during which the fee or royalty is unpaid.\n(sec.436-ssec.3) A penalty is not payable under subsection (1) on an amount of royalty for any period until 7 days after— the landed value of the mineral has been agreed or decided under section 432 , if the rate of royalty is related to the landed value of the mineral; or the quantity of the mineral has been agreed or decided under section 433 , if the rate of royalty is related to the quantity of the mineral recovered.\n- (a) on the amount of the fee or royalty that remains unpaid; and\n- (b) at the rate of 0.33% for each day during which the fee or royalty is unpaid.\n- (a) the landed value of the mineral has been agreed or decided under section 432 , if the rate of royalty is related to the landed value of the mineral; or\n- (b) the quantity of the mineral has been agreed or decided under section 433 , if the rate of royalty is related to the quantity of the mineral recovered.","sortOrder":476},{"sectionNumber":"sec.437","sectionType":"section","heading":"Fees etc. recoverable as debts","content":"### sec.437 Fees etc. recoverable as debts\n\nThe State may recover the amount of any fee, royalty or penalty payable under this part in the Wardens Court as a debt due to the State.","sortOrder":477}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.24(2)","severity":"medium","reasoning":"The subsection (2) of section 24 reads: 'Recovery does not include the recovery of minerals from the subsoil of coastal waters that is carried out by way of underground mining from land in the State if that exploration is carried out under the Mineral Resources Act 1989.' The final condition 'if that exploration is carried out' should read 'if that recovery is carried out'. This internal inconsistency within a single definitional section creates genuine ambiguity: does the exclusion apply only when the activity qualifies as 'exploration' under the Mineral Resources Act, or when it qualifies as 'recovery'? The two concepts are legally distinct and a court would struggle to apply this provision coherently.","confidence":0.92,"description":"Section 24 is titled 'Recovery' and defines what recovery does NOT include, but the exclusion provision uses the word 'exploration' instead of 'recovery'. It states 'Recovery does not include...if that exploration is carried out under the Mineral Resources Act 1989' — using 'exploration' in a section about recovery."},{"type":"other","section":"sec.22(2) and sec.22(3)","severity":"medium","reasoning":"Limestone is explicitly included as a mineral form under s.22(2), yet coral limestone is excluded under s.22(3). The Act provides no definition distinguishing ordinary limestone from coral limestone, despite these being geologically related substances. In coastal offshore environments, the distinction between biogenic (coral) limestone and other limestone is scientifically complex and contested, creating an impossible compliance problem for operators who must determine which category applies to what they recover. The legislature appears unaware of the definitional gap this creates.","confidence":0.78,"description":"Section 22 defines a mineral as 'a naturally occurring substance or a naturally occurring mixture of substances' without limitation, then subsection (2) expressly states limestone is an example of a mineral, while subsection (3) excludes 'coral limestone' from the definition. This creates an undefined and scientifically contestable boundary: at what point does limestone become coral limestone?"},{"type":"other","section":"sec.65(b) and sec.65 note","severity":"medium","reasoning":"The note to section 65(b) states 'For the term of a tenure see section 18.' Section 18 concerns the Minister's power to declare a sub-block a reserved sub-block and the procedure for putting it up for tender. It says nothing about the duration or term of tenures. The correct cross-reference would presumably be to a section dealing with tenure duration. This misdirection could cause compliance difficulties for practitioners attempting to determine allowable tenure terms.","confidence":0.85,"description":"Section 65 requires the tenure to specify 'the term of the tenure' but the note attached to this provision directs readers to 'section 18' for the term of tenure. Section 18 deals with 'Reserved sub-blocks', not the term of tenure. This internal cross-reference is plainly wrong and refers practitioners to an irrelevant provision."},{"type":"self_contradicting","section":"sec.51(1) and sec.51(3)","severity":"low","reasoning":"Under s.51(1), after an exploration permit is surrendered or cancelled, no person can apply for 30 days. Under s.51(3), the former holder specifically cannot apply for 6 months. Both conditions can be triggered by the same surrender/cancellation event. The Act does not clarify whether these operate as concurrent or sequential restrictions, or whether s.51(3) subsumes s.51(1) for the former holder. While likely intended to operate cumulatively, the drafting creates interpretive ambiguity about the applicable exclusion period for former holders.","confidence":0.65,"description":"Section 51 creates two overlapping exclusion periods for the same circumstance (surrendered or cancelled tenure) with inconsistent durations: subsection (1) excludes a sub-block for 30 days after any surrender or cancellation of an exploration permit, while subsection (3) excludes a sub-block for 6 months after surrender or cancellation for the previous holder specifically. The interaction between these provisions is unclear — does the 30-day general exclusion run concurrently with or independently of the 6-month applicant-specific exclusion?"},{"type":"impossible_compliance","section":"sec.48(1)","severity":"medium","reasoning":"The mandatory 'must' combined with the vague 'particular rights' and the subjective 'if the Minister is satisfied' creates a peculiar obligation. The Minister is required to act but the scope of action (which 'particular rights') is entirely at large. There is no guidance on whether the Minister must suspend the minimum rights necessary, all rights, or some other subset. This could lead to challenges where a suspension is either too narrow (ineffective for the public interest purpose) or too broad (disproportionate and open to constitutional challenge under s.49).","confidence":0.7,"description":"Section 48(1) mandates that the Minister 'must suspend particular rights conferred by an exploration permit if the Minister is satisfied that it is necessary in the public interest to do so.' However, the phrase 'particular rights' is undefined, and the provision requires suspension without specifying what criteria or process the Minister uses to identify which particular rights must be suspended. This creates a mandatory obligation that is practically impossible to apply in a principled or legally certain manner."},{"type":"circular_definition","section":"sec.26(2)(b)","severity":"low","reasoning":"While the legislature likely intended to capture sub-contractors at multiple levels of the contracting chain, the phrase 'under paragraph (a) or this paragraph' means that any person who contracts with anyone already captured by the definition is automatically captured. There is no limiting principle or maximum depth of chain specified. In complex offshore projects with extensive sub-contracting arrangements, this could theoretically draw in enormous numbers of persons as 'associates' of the tenure holder, with the associated obligations and liabilities that status entails.","confidence":0.72,"description":"Section 26(2)(b) defines an 'associated contractor' to include a person who enters into an agreement with another associated contractor 'under paragraph (a) or this paragraph'. The reference to 'this paragraph' creates a self-referential, potentially infinite recursive definition: a sub-contractor of a sub-contractor of a sub-contractor (to any depth) becomes an 'associated contractor', expanding the definition without limit."},{"type":"self_contradicting","section":"sec.3(1)(c)","severity":"low","reasoning":"Section 16(1) correctly defines coastal waters as 'the first 3 nautical miles of the territorial sea from the baseline', which means the area between the baseline and 3 nautical miles seaward. Section 3(1)(c) states State legislation applies to coastal waters 'beyond the baseline' which is consistent, but the parenthetical '(that is, the first 3 nautical miles of the territorial sea)' appears to equate 'beyond the baseline' with the first 3 nautical miles — which is correct — yet the use of 'beyond' could be read as excluding the baseline itself. This is a minor drafting imprecision rather than a serious flaw.","confidence":0.45,"description":"Section 3(1)(c) states that 'State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea)'. The parenthetical explanation is potentially misleading: the 'first 3 nautical miles of the territorial sea' starts at the baseline, not 'beyond' it. The word 'beyond' is inconsistent with the parenthetical clarification."},{"type":"self_contradicting","section":"sec.44","severity":"medium","reasoning":"The section prohibits interference 'to a greater extent than is necessary for — (f) the reasonable exercise of the person's rights... or (g) the performance of the person's duties'. Items (f) and (g) as rendered appear to be part of the same list as the protected activities (navigation, fishing etc.) under items (a)-(e), which is structurally absurd. The provision should read 'must not interfere with [list] to a greater extent than is necessary for [exceptions]' but the formatting of (f) and (g) as list items parallel to (a)-(e) is confusing and could be misread as adding 'reasonable exercise of rights' and 'performance of duties' to the list of things that must not be interfered with.","confidence":0.6,"description":"Section 44 lists items (f) and (g) in what appears to be a continuation of the list of activities that must not be interfered with (items (a)-(e)), but (f) and (g) are actually the exceptions defining the permitted degree of interference. The formatting structure creates a grammatically and logically incoherent provision where the exceptions to the prohibition appear to be listed alongside the protected activities."}],"contradictions":[{"severity":"low","section_a":"sec.7(1)(a)","section_b":"sec.7(1)(b)","confidence":0.75,"description":"Section 7(1) defines when a tenure is 'transferred'. Subsection (1)(a) covers a single holder transferring 'the whole of the licensee's interest' (using the word 'licensee' rather than 'holder'), while subsection (1)(b) covers multiple holders transferring 'the whole of their interests'. The use of 'licensee' in (1)(a) is inconsistent with the defined term 'tenure holder' used throughout the Act and in (1)(b), creating an internal terminological contradiction that could raise questions about whether the provision applies to all tenure types or only licences."},{"severity":"medium","section_a":"sec.19","section_b":"sec.45(2)","confidence":0.78,"description":"Section 19 defines a 'standard sub-block' as 'a sub-block that is not the subject of a declaration under section 18(1)' (i.e., not a reserved sub-block). Section 45(2) states an exploration permit may be granted over 'a standard sub-block or over a tender sub-block', and the note in s.45(2) states 'A standard sub-block is any sub-block that is not a reserved sub-block.' However, section 20 defines a 'tender sub-block' as a sub-block subject to a tender notice — but a sub-block subject to a tender notice under s.74 was first declared a reserved sub-block under s.18. This means a tender sub-block is also a reserved sub-block, yet s.45(2) treats them as mutually exclusive alternatives. A standard sub-block cannot simultaneously be a tender sub-block under the definitions as structured."},{"severity":"medium","section_a":"sec.38","section_b":"sec.22(3)","confidence":0.65,"description":"Section 38 creates a general prohibition on recovering 'minerals' from coastal waters without authorisation. Section 22(3) excludes sand, gravel and rock from the definition of 'minerals'. However, sand, gravel and rock recovered from coastal seabed are subject to other regulatory regimes referenced in the Act (Transport Infrastructure Act 1994). The Act creates a regulatory gap: recovery of sand, gravel and rock from coastal waters is not prohibited by s.38 (as they are not minerals) but there is no clear provision in this Act regulating or permitting such recovery, potentially leaving it unregulated under this scheme."},{"severity":"high","section_a":"sec.47","section_b":"sec.49","confidence":0.85,"description":"Section 47 states no compensation is payable because of cancellation or non-renewal of an exploration permit by the Minister. Section 49 provides that if suspension of tenure rights results in an 'acquisition of property', the State must pay compensation. A cancellation of a permit is a more extreme step than a suspension and would also constitute an acquisition of property in relevant circumstances, yet s.47 absolutely bars compensation for cancellation while s.49 mandates it for suspension. This creates the perverse and contradictory outcome that a tenure holder receives no compensation for total cancellation of rights but is entitled to compensation for a temporary suspension."},{"severity":"medium","section_a":"sec.42(1)","section_b":"sec.42(3)","confidence":0.8,"description":"Section 42(1) states minerals recovered by 'a tenure holder or special purpose consent holder' become the property of the holder when recovered. Section 42(3) states subsection (1) does not apply to the recovery of minerals by a works licence holder. A works licence is listed in s.39 as a form of tenure. If a works licence is a 'tenure', then a works licence holder is a 'tenure holder' under s.25, and s.42(1) would apply to them — directly contradicting s.42(3)'s exclusion. The Act does not clearly resolve whether a works licence holder is a 'tenure holder' for the purposes of s.42."},{"severity":"low","section_a":"sec.3A","section_b":"sec.42(1)","confidence":0.5,"description":"Section 3A declares that a 'special purpose consent' and a 'tenure' are not personal property under the Personal Property Securities Act 2009 (Cwlth). Section 42(1) provides that minerals recovered under a tenure or special purpose consent become the 'property of the holder'. If the tenure or consent itself is not property, the legal basis upon which the holder acquires property rights in recovered minerals is conceptually strained — the Act purports to vest property rights in minerals through an instrument that is itself declared not to be property. While the distinction between the instrument and the minerals it authorises recovery of is legally defensible, the interaction creates conceptual tension that could be exploited in litigation."},{"severity":"medium","section_a":"sec.57(3)","section_b":"sec.57(2)(d)(iii)","confidence":0.7,"description":"Section 57(3) requires the advertisement to be published within 14 days of making the application. Section 57(2)(d)(iii) requires the advertisement to invite comments 'within 30 days after the day on which the advertisement is published'. This means the public comment period (30 days from publication) can close well after the Minister may have already started processing the application. If the Minister acts quickly on an application before the 30-day comment period closes, any public comments submitted within that period may be rendered meaningless, undermining the stated purpose of the public consultation requirement."},{"severity":"medium","section_a":"sec.16(3)","section_b":"sec.16(5)","confidence":0.67,"description":"Sections 16(3) and 16(5) deal with the effect of baseline changes on tenure coverage but operate asymmetrically and potentially conflict in a scenario where the same area is subject to both a State tenure and a Commonwealth tenure simultaneously. Section 16(3) preserves State jurisdiction where a State tenure area ceases to be coastal waters due to baseline change (treating it as still coastal waters). Section 16(5) excludes State jurisdiction where an area covered by a Commonwealth tenure falls into coastal waters due to baseline change. There is no provision addressing a conflict where both a State tenure and a Commonwealth tenure cover the same area following baseline changes, leaving a potential jurisdictional gap or overlap unresolved."}]},"kimi_summary":{"_metrics":{"completionTokens":718},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a State implementation of the Offshore Constitutional Settlement. The scope covers coastal waters mineral exploration and mining as intended, with appropriate exclusions for petroleum (covered by separate legislation) and coordination with Commonwealth law for areas beyond state waters."},"complexity_factors":["Mirror legislation structure — closely corresponds to Commonwealth Offshore Minerals Act 1994 with intentional numbering gaps to maintain uniformity","Extensive cross-referencing between Parts, Divisions and sections (e.g., sections 90-93 on tenure extensions create interdependent conditional pathways)","Multiple tenure types with overlapping but distinct procedural requirements (exploration permits, mineral development licences, mining leases)","Nested conditional logic for tenure expiry, renewal, and extension scenarios","Detailed application requirements with mandatory advertising, public consultation, and Ministerial discretion provisions","Complex succession rules defining 'successor tenures' across different permit types","Extensive defined terms in Schedule 5 dictionary referenced throughout","Provisional grant/acceptance/registration three-step process repeated across all tenure types","Baseline and coastal waters boundary definitions tied to external Commonwealth legislation","Numerous 'excluded time' and 'disruption period' calculations affecting tenure terms"],"plain_english_summary":"This is a **Queensland State law** that regulates **offshore mineral exploration and mining** in **coastal waters** — the first 3 nautical miles of sea from the state's coastline (the area between the low-water mark and the edge of Commonwealth waters).\n\n**What it does:**\n- Establishes a **licensing system** for companies and individuals who want to explore for or extract minerals from the seabed and subsoil in state coastal waters\n- Creates **four types of permits/leases**:\n  - **Exploration permits** — for initial exploration and sampling (up to 4 years, renewable)\n  - **Mineral development licences** — for holding rights while preparing for commercial mining (up to 5 years, renewable)\n  - **Mining leases** — for full commercial extraction (up to 21 years, renewable)\n  - **Works licences** — for engineering activities outside the main lease area\n- Provides for **special purpose consents** for scientific research or small-scale collection\n\n**Who it affects:**\n- Mining and exploration companies operating in Queensland's near-shore waters\n- Anyone seeking to extract minerals like sand, gravel, limestone, clay, or coal (but **not petroleum**, which is covered by separate laws)\n- The Minister (who grants and administers tenures) and various state officials\n\n**Key features:**\n- **Native title is protected** — grants don't extinguish native title, but native title is subject to the rights granted\n- **Environmental obligations** — holders must protect wildlife, minimise environmental damage, and repair any harm caused\n- **Mandatory surrender rules** — exploration permit holders must give up 50% of their area on each renewal\n- **Public consultation** — applications must be advertised, with opportunity for public comment\n- **Strict compliance regime** — with penalties for breaches, and powers to suspend or cancel tenures\n\n**Why it matters:**\nThis law balances resource development with environmental protection and native title rights, while coordinating with Commonwealth law for areas beyond state waters. It ensures orderly, regulated access to seabed minerals while protecting other uses of coastal waters like navigation and fishing."},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act operates as intended — it is a State mirror of the Commonwealth offshore minerals regime, deliberately limited to the first 3 nautical miles of coastal waters and expressly excluding petroleum. The scope is consistent with the Offshore Constitutional Settlement framework it implements. The 2010 amendment excluding special purpose consents and tenures from the Personal Property Securities Act was a minor technical clarification, not a substantive scope change."},"complexity_factors":["Dual Commonwealth-State legislative framework requiring constant cross-referencing between this Act and the federal Offshore Minerals Act 1994 (Cwlth)","Multiple interlocking tenure types (exploration permits, mineral development licences, mining leases, works licences, special purpose consents) with distinct rules for each","Three-step grant and registration process before any tenure becomes legally effective","Complex geographic definitions including geodetic coordinate specifications, sub-block grid systems, and shifting baseline rules for coastal waters","Intricate rules about excluded sub-blocks, successor tenures, and discrete area requirements","Native title overlay requiring compliance with federal Native Title Act 1993 (Cwlth) in parallel","Interaction with multiple other State and Commonwealth Acts (Mineral Resources Act, Petroleum (Submerged Lands) Acts, Coastal Waters Acts, Personal Property Securities Act, Corporations Act, etc.)","Executive officer liability provisions creating personal liability for corporate officers","Confidential information regime with specific rules about when information submitted to the Minister can or cannot be protected","Intentional section number gaps (matching Commonwealth Act numbering) which can confuse readers navigating the Act"],"plain_english_summary":"Queensland law governing exploration and mining of seabed minerals in the coastal strip (first ~3 nautical miles), excluding petroleum, sand and gravel. It establishes a licensing and permit regime for companies, individuals and foreign operators who want to search for or recover minerals from the seabed.\n\nIt protects native title (which survives subject to licences), requires ministerial approval and registration before work starts, and mirrors Commonwealth offshore arrangements—so anyone planning nearshore seabed mining must comply with this Act."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"This version does not appear to enlarge the Act beyond its original purpose of regulating non‑petroleum offshore mineral activity in State coastal waters under the Offshore Constitutional Settlement. Section 3 expressly records the Commonwealth–State agreement and the text mirrors Commonwealth structures; the Act stays within that framing (see sec 3). The provisions continue to focus on granting and administering tenures, protecting the marine environment and providing enforcement, registration and financial mechanisms. There is no textual evidence here that the Act has grown significantly beyond those core functions."},"complexity_factors":["Very long Act covering multiple tenure types and life‑cycles (exploration permits, mineral development licences, mining leases, works licences, special purpose consents) with different rules for grant, renewal, surrender and expiry","Extensive cross‑references within the Act and to multiple Commonwealth and State Acts (see sec 3 and numerous internal cross‑refs such as secs 16, 33, 328–334)","Detailed conditional logic and nested exceptions (e.g. suspension, automatic extensions, interplay between renewal/extension/applications — see secs 90–97, 91–93)","Many procedural steps with fixed time limits and notice/submission requirements (advertising, consultation, acceptance periods, primary/secondary payment periods — see secs 54–61, 57, 66–70, 83–84, 110–114)","Lengthy registration and dealings regime including caveats, transfers, devolution, and Wardens Court remedies (secs 328–359, 338–351)","Complex enforcement and compliance regime with inspection powers (with and without warrant), obligations to give information and samples, immunities and offences (secs 367–373, 377–384, 372–373)","Financial regime split across fees, securities and royalties with limits, calculation rules and intergovernmental sharing (secs 425–436, 399, 400, 435)","Significant delegated detail (forms, fee levels, royalty rates, regulations, codes) left to subordinate instruments (secs 41, 425, 430, 278 etc.), increasing practical complexity","Multiple roles and responsibilities (Minister, delegates, inspectors, tenure holders, associates) and joint & several liability rules (secs 30–31, 26, 117, 176, 253)","Environmental, safety and property‑removal rules tied to regulatory powers (secs 118, 177, 254, 401–404) producing operational complexity for projects"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes a licensing and registration system for non‑petroleum mineral activity in the State’s coastal waters (the first 3 nautical miles from the baseline). Key authorisations are: exploration permits, mineral development licences, mining leases, works licences and special purpose consents (see secs 16, 39, 45, 267, 315).  \n\n- Each tenure follows the same three‑step lifecycle: provisional grant → written proper acceptance (including any required security and fees) → registration in the State Offshore Mining Register (secs 40, 70, 114, 151, 214, 283, 333–334). Until registration the grant or renewal is not effective (secs 88, 154, 232, 286).  \n\n- The Act defines what each tenure authorises (examples): exploration permits authorise exploration and sampling (sec 46); mineral development licences retain rights pending commercialisation but do not allow full commercial mining (sec 133); mining leases authorise commercial recovery (sec 193); works licences authorise related activities outside a tenure area (sec 268); special purpose consents are for scientific surveys, reconnaissance or small‑scale sampling (secs 315–316).\n\n- The Minister has wide administrative powers: to set tenure conditions (including securities, insurance, spending or environmental requirements) (secs 118, 177, 254, 304); to suspend or cancel tenures and to refuse renewals (secs 48, 130, 135, 189, 265); to give written directions that must be obeyed (secs 386–387); and to require securities on provisional grants and renewals (sec 399). The Act sets procedural safeguards such as notice and an opportunity to make submissions before cancellation (sec 130, 189, 265).\n\n- Transfers and other dealings in tenures must be in writing and are ineffective until registered (secs 360–361, 338–339). The register records grants, renewals, transfers, caveats and related documents (secs 328–337).\n\n- The Act gives the Minister inspection and information powers (to request information, documents, samples; to require personal attendance and questioning; and to carry out compliance inspections with or without warrants) and creates related offences for non‑cooperation and for giving false information (secs 367–374, 377–384, 372–373).\n\n- Financial regime: annual tenure fees are payable (secs 425–427, 426 limits); mining lease holders pay royalties on recovered minerals (secs 429–434) and the State must pass 40% of royalties to the Commonwealth (sec 435). Unpaid fees/royalties attract penalties and are recoverable as debts (secs 436–437).\n\n- Property, environmental and safety provisions: native title is not extinguished by grant but is subject to tenure rights (sec 43); tenure holders must follow industry standard work practices, maintain equipment and remove unused structures (secs 123, 183, 259); the Act allows regulations for removal of abandoned property and rehabilitation and enables safety zones around offshore structures (secs 401–402, 403–404).\n\nWho it affects\n\n- Private actors who seek to explore for or recover minerals from coastal seabed and subsoil (individuals, domestic and foreign corporations): they must obtain appropriate tenures or consents before acting (sec 38, 37).  \n- Existing tenure holders and their associates (contractors, agents, employees) — the Act binds associates to obligations and extends directions to them in many cases (secs 26, 390–391).  \n- The Minister and delegated public officers — exercise broad discretion and administrative functions, keep and amend the register, carry out enforcement (secs 30–31, 328–337, 353, 366).  \n- Third parties with competing interests (other users of sea space, native title claimants, fishers) — tenures do not authorise unnecessary interference with navigation, fishing, native title or conservation (sec 44); the public and affected tenure holders have notice and submission avenues for applications (e.g. advertising and consultation obligations in secs 57, 140, 202, 274).\n\nWhy it matters (stated rationales and trade‑offs)\n\n- Stated rationale: create a uniform, administrable framework for non‑petroleum offshore minerals in State coastal waters consistent with the Commonwealth–State Offshore Constitutional Settlement (see sec 3). That motivates the Act’s mirroring of Commonwealth structures and detailed procedural rules.  \n\n- Costs and incentives:  \n  - Compliance costs (records, reports, insurance, securities, fees, environmental obligations, inspections) fall on tenure applicants and holders (secs 118, 124, 184, 309, 399, 425).  \n  - The Minister’s discretion over tenure conditions, approvals and cancellations concentrates decision power in the executive (secs 118, 365, 130) — that creates implementation risk and regulatory uncertainty for firms that affects investment timing and financing.  \n  - Mandatory area reductions on renewal (surrenders of 50% of sub‑blocks on renewal for exploration permits, sec 104) create a clear incentive to progress promising areas or relinquish ground; it prevents speculative land‑banking but raises the cost of long‑term options for explorers.  \n  - Tender processes (secs 74–75, 218–219) allocate some areas by competitive bids or technical criteria; this concentrates benefits on successful bidders but can raise entry costs for smaller firms.  \n\n- Opportunity costs and implementation: obtaining a tenure is time‑consuming (advertising, consultation, potential rival applications and ministerial discretion—secs 54–61, 57–60, 58, 203). Cross‑jurisdictional overlay with Commonwealth petroleum and maritime law (sec 3 references to Cwlth Acts) adds administrative and legal complexity for projects near jurisdictional boundaries.  \n\n- Enforcement and risk allocation: the Act allows the State to require securities and use them to pay for non‑compliance or rehabilitation (secs 399–400, 402). That places financial risk primarily on tenure holders but ultimately on the State where securities prove inadequate.  \n\nWhat the Act leaves open / practical points to watch (implementation friction)\n\n- Much is delegated to regulations and Ministerial instruments: fee levels, detailed security handling, forms, and royalty rates are all set outside the text (secs 41, 425, 399, 430). That concentrates practical detail in subordinate instruments and increases the importance of administrative policy setting.  \n- Large scope of ministerial discretion balanced by statutory notice/consultation requirements and judicial review routes (e.g. Wardens Court) — but market participants must plan for regulatory change and timeframes (secs 130, 189, 265, 351, 354).  \n\nKey reference sections: tenure types and activities (secs 39, 46, 133, 193, 268, 316); grant lifecycle and registration (secs 40, 70, 114, 151, 214, 283, 333–334); ministerial powers (secs 48, 118, 130, 387, 399); inspections and information (secs 367–374, 377–384); fees, securities and royalty (secs 399–400, 425–436); transfers, caveats and register (secs 328–345, 338–341); environmental restoration and removal (secs 401–402)."}},"importantCases":[],"_links":{"self":"/api/acts/offshore-minerals-act-1998","history":"/api/acts/offshore-minerals-act-1998/history","analysis":"/api/acts/offshore-minerals-act-1998/analysis","conflicts":"/api/acts/offshore-minerals-act-1998/conflicts","importantCases":"/api/acts/offshore-minerals-act-1998/important-cases","documents":"/api/acts/offshore-minerals-act-1998/documents"}}