{"id":"offshore-minerals-act-2000","name":"Offshore Minerals Act 2000","slug":"offshore-minerals-act-2000","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106168,"registerId":"sa-offshore-minerals-act-2000-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"Chapter 1—Introduction\nPart 1.1—Legislative formalities and background\n1—Short title\nThis Act may be cited as the Offshore Minerals Act 2000.\n3—Commonwealth-State agreement (the Offshore Constitutional Settlement)\n\t(1)\tThe Commonwealth and the States have agreed that—\n\t(a)\tCommonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and\n\t(b)\tthe States should share, in the manner provided by the Offshore Minerals Act 1994 of the Commonwealth, in the administration of the Commonwealth offshore mining legislation; and\n\t(c)\tState 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\t(d)\tthe 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.\n1\tSo far as the agreement relates to petroleum, it is reflected in this State's legislation by the Petroleum (Submerged Lands) Act 1982.\n2\tSome sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To keep uniformity between this Act and the Commonwealth Act the numbers of the sections that are not relevant up to section 423 have not been used in the numbering of this Act. A section of this Act and the corresponding section of the Commonwealth Act up to section 423 will therefore have the same number. From section 424 onwards the two Acts differ significantly and uniformity of numbering has not been maintained.\n\t(2)\tOther Acts that provide background in this State to the agreement (commonly referred to as the \"Offshore Constitutional Settlement\") are—\n\t(a)\tthe Seas and Submerged Lands Act 1973, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; and\n\t(b)\tthe Petroleum (Submerged Lands) Act 1982 of this State.\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"The Seas and Submerged Lands Act 1973—","content":"1\tThe Seas and Submerged Lands Act 1973—\n\t•\tdeclares 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\t•\tgives the Governor-General power to declare, by proclamation, the limits of the territorial sea;\n\t•\tdeclares 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 respect of the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;\n\t•\tdeclares and enacts that the sovereign rights of Australia as a coastal State in respect of 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\t•\tgives the Governor-General power to declare, by proclamation, the limits of the Continental Shelf of Australia.\n2\tThe Coastal Waters (State Powers) Act 1980 was enacted following a request from the Parliaments of all the States under paragraph 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.\n3\tThe Coastal Waters (State Title) Act 1980 vests in each State certain property rights in the seabed beneath the coastal waters of the State.\n4\tThe Petroleum (Submerged Lands) Act 1967 of the Commonwealth 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.\nPart 1.2—Interpretation\n4—Notes in the text\nNotes in this Act are provided to assist understanding and do not form part of the Act.\n5—Interpretation\nIn this Act, unless the contrary intention appears—\napproved means approved by the Minister under section 41;\nassociate has the meaning given by section 26(1);\nassociated agent of a holder has the meaning given by section 26(3);\nassociated agent of an associated contractor has the meaning given by section 26(4);\nassociated contractor of a holder has the meaning given by section 26(2);\nassociated employee of an associated contractor has the meaning given by section 26(6);\nassociated employee of a holder has the meaning given by section 26(5);\nblock means a portion of the coastal waters constituted according to section 17;\ncaveat on a licence means a caveat against—\n\t(a)\tthe registration of dealings in relation to the licence; or\n\t(b)\tthe registration of a person as a holder of the licence under section 340;\ncoastal waters has the meaning given by section 16(1) and (2);\nCommonwealth Act means the Offshore Minerals Act 1994 of the Commonwealth;\nCommonwealth Minister means a Minister of State for the Commonwealth;\ncompliance inspection has the meaning given by section 377;\nconfidential information has the meaning given by section 27;\nconfidential sample has the meaning given by section 28;\nconsent area means the block or blocks specified in a special purpose consent;\ndealing in a licence means a transaction that creates, transfers, affects or otherwise deals with an interest in the licence and includes—\n\t(a)\ta transfer of the licence; and\n\t(b)\ta transfer of a share in the licence,\nbut does not include a document that comes within section 337(1) other than a document by which a block or a licence is surrendered;\ndiscrete area has the meaning given by section 21;\ndocument file means a document file kept for the purposes of Part 3.1;\nexploration has the meaning given by section 23;\nholder of a licence has the meaning given by section 25(1);\nhydrocarbon means a hydrocarbon whether in a gaseous, liquid or solid state;\ninspector means an inspector appointed under section 421;\ninterest in relation to a licence, includes—\n\t(a)\tan equitable interest in the licence; and\n\t(b)\ta security interest in the licence;\nlicence means—\n\t(a)\tan exploration licence; or\n\t(b)\ta retention licence; or\n\t(c)\ta mining licence; or\n\t(d)\ta works licence;\nlicence area means the block or blocks covered by a licence;\nlicence holder has the meaning given by section 25(1);\nmineral has the meaning given by section 22;\noffshore exploration or mining activities means—\n\t(a)\tthe exploration for minerals in coastal waters; or\n\t(b)\tthe recovery of minerals from coastal waters; or\n\t(c)\tactivities carried out in coastal waters under a works licence;\noffshore mining register means a register kept for the purposes of Part 3.1;\npetroleum means—\n\t(a)\ta hydrocarbon or a mixture of hydrocarbons; or\n\t(b)\ta mixture of one or more hydrocarbons and one or more of the following—\n\t(i)\thydrogen sulphide;\n\t(ii)\tnitrogen;\n\t(iii)\thelium;\n\t(iv)\tcarbon dioxide;\nprimary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which the applicant is given a written notice—\n\t(a)\tin the case of the grant of an exploration licence, under section 66; and\n\t(b)\tin the case of the renewal of an exploration licence, under section 110; and\n\t(c)\tin the case of the grant of a retention licence, under section 147; and\n\t(d)\tin the case of the renewal of a retention licence, under section 169; and\n\t(e)\tin the case of the grant of a mining licence, under section 210; and\n\t(f)\tin the case of the renewal of a mining licence, under section 246; and\n\t(g)\tin the case of the grant of a works licence, under section 279; and\n\t(h)\tin the case of the renewal of a works licence, under section 296;\nprovisional holder means a person who has been provisionally granted a licence;\nrecovery has the meaning given by section 24;\nregistered means registered in an offshore mining register;\nreserved block means a block that is declared to be reserved under section 18;\nresponsible Commonwealth Minister means the Commonwealth Minister who is responsible for the administration of the Commonwealth Act;\nsample of the seabed or subsoil includes a core or cutting from the seabed or subsoil;\nsecondary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which an extension of the primary payment period for the grant or renewal concerned ends;\nshare in a licence has the meaning given by section 6(1), (2) and (3);\nspecial purpose consent means a consent granted under Part 2.6;\nstandard block has the meaning given by section 19;\nState Minister means—\n\t(a)\ta Minister of State for a State; or\n\t(b)\ta Minister of State for the Northern Territory;\nsuccessor licence to a licence has the meaning given by section 8;\nsurrender day for an exploration licence means—\n\t(a)\tthe day on which the initial term of the licence ends; or\n\t(b)\ta day on which the term of a renewal of the licence ends;\ntender block has the meaning given by section 20;\ntransfer—\n\t(a)\twhen used in relation to a licence, has the meaning given by section 7(1); and\n\t(b)\twhen used in relation to a share in a licence, has the meaning given by section 7(2) and (3);\nvary a licence condition includes revoke or suspend.\n5A—Licence or other right is not personal property for the purposes of Commonwealth Act\nA right, entitlement or authority granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.\n6—Shares in a licence\n\t(1)\tA person has a share in a licence if the person is the holder, or one of the holders, of the licence.\n\t(2)\tIf a holder is entitled to a particular percentage of the value of the rights conferred by a licence, that percentage is the holder's share in the licence.\nA sole holder has a 100 per cent share in the licence.\n\t(a)\ta person is a registered holder of a licence; and\n\t(b)\tthe person is shown in an offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the licence,\nthe person's share in the licence is taken to be the percentage specified in the register.\n7—Transfer of a licence\n\t(1)\tFor the purposes of this Act, a licence is transferred if—\n\t(a)\tthe licence has only one holder and the holder transfers the whole of the licensee's interest in the licence to another person or other persons; or\n\t(b)\tthe licence has 2 or more holders and the holders all transfer the whole of their interests in the licence to another person or other persons.\n\t(2)\tFor the purposes of this Act, a share in a licence is transferred if—\n\t(a)\tthe licence has only one holder and the holder transfers a part of the holder's share in the licence to another person or other persons; or\n\t(b)\tthe licence has 2 or more holders and—\n\t(i)\tsome, but not all, of the holders transfer the whole of their shares in the licence to another person; or\n\t(ii)\tsome or all of the holders transfer a part of their shares in the licence to another person.\n\t(3)\tThe other person referred to in subsection (2)(b) may be an existing licence holder.\n8—Successor licences\n\t(a)\ta mining licence takes effect immediately after an exploration licence expires; and\n\t(b)\tthe holder of the mining licence immediately after it takes effect was the holder of the exploration licence immediately before it expired,\nthe mining licence is a successor licence to the exploration licence.\n\t(a)\ta retention licence takes effect immediately after an exploration licence expires; and\n\t(b)\tthe holder of the retention licence immediately after it takes effect was the holder of the exploration licence immediately before it expired,\nthe retention licence is a successor licence to the exploration licence.\n\t(a)\ta mining licence takes effect immediately after a retention licence expires; and\n\t(b)\tthe retention licence took effect immediately after an exploration licence expired; and\n\t(c)\tthe holder of the mining licence immediately after it takes effect was the holder of the retention licence immediately before it expired; and\n\t(d)\tthe holder of the retention licence immediately after it took effect was the holder of the exploration licence immediately before it expired,\nthe mining licence is a successor licence to the exploration licence and the retention licence.\n9—Section number not used\n10—Position on the Earth's surface\n\t(1)\tThis is how the position of a point, line or area on the Earth's surface is to be worked out for the purposes of this Act and subordinate instruments—\n\t(a)\tthe position is to be worked out by reference to a spheroid that—\n\t(i)\thas a major (equatorial) radius of 6,378,160 metres; and\n\t(ii)\thas a flattening of 100/29825; and\n\t(b)\tthe 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—\n\t(i)\t133°12′30.0771″ East Longitude; and\n\t(ii)\t25°56′54.5515″ South Latitude.\n\t(2)\tIn subsection (1)—\nsubordinate instrument means—\n\t(a)\tthe regulations; and\n\t(b)\tinstruments made under this Act and the regulations.\n11—Section number not used\n12—Power to vary and revoke instruments\n\t(1)\tA 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\t(2)\tThe power to revoke or amend—\n\t(a)\tmust also be exercised in writing; and\n\t(b)\tis subject to the same procedural requirements as the original power; and\n\t(c)\tis subject to the same conditions as those that governed the exercise of the original power.\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Basic concepts","content":"Division 2—Basic concepts\n13 to 15—Section numbers not used\nSections 13 to 15—See note 2 to section 3(1).\n16—Coastal waters, and effect of change in baseline\n\t(1)\tSubject to this section, the coastal waters of the State are so much of the area described in Schedule 1 as is constituted by the first 3 nautical miles of the territorial sea from the baseline.\n\t(2)\tThe coastal waters do not include any waters that are inside the baseline.\n\t(a)\ta licence has been granted on the basis that an area is within coastal waters; and\n\t(b)\tthere 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\t(c)\tas 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.\n\t(4)\tSubsection (3) continues to apply to the area only while the licence (and any successor licence) remains in force.\n\t(5)\tIf—\n\t(a)\ta licence under the Commonwealth Act has been granted on the basis that an area is within the offshore area under the Commonwealth Act; and\n\t(b)\tthere 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\t(c)\tas a result of the change to, or reassessment of the location of, the baseline, the area—\n\t(i)\tceases to be within the offshore area under the Commonwealth Act; and\n\t(ii)\tfalls within coastal waters,\nthis Act does not apply to the area.\n\t(6)\tSubsection (5) continues to apply to the area only while the licence under the Commonwealth Act (and any successor licence within the meaning in that Act) remains in force.\n\t(7)\tThis Act has effect subject to section 8 of the Mining Act 1971.\n\t(8)\tIn 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 determined under section 7(1)(b) of the Seas and Submerged Lands Act 1973 of the Commonwealth.\n\t•\tGenerally 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.\n\t•\tThe baseline encloses Spencer Gulf, Gulf St. Vincent, Investigator Strait and Backstairs Passage by a line from the mainland to the western end of Kangaroo Island, along the southern coast of Kangaroo Island and then from the eastern end of the island to the mainland.\n17—Blocks\nThis is how a block is constituted in coastal waters—\n\t(a)\tassume that there is laid over the coastal waters a grid constituted by—\n\t(i)\tlines running along meridians drawn through each degree of longitude and the minutes between those degrees; and\n\t(ii)\tlines running along parallels drawn through each degree of latitude and the minutes between those degrees;\n\t(b)\ttake a bounded space defined by the grid;\n\t(c)\tthe seabed and subsoil within the coastal waters that is under that space is a block.\n18—Reserved block\n\t(1)\tSubject to subsection (2), the Minister may declare that a block in coastal waters is a reserved block.\n1\tA reserved block may be put up for tender by the Minister publishing in the Gazette a tender block licence notice (see sections 74 and 218).\n2\tSection 10(c) of the Interpretation Act 1984 allows a single declaration under this subsection to be made in respect of 2 or more blocks.\n\t(2)\tA declaration under subsection (1) must not be made in relation to a block if—\n\t(a)\ta licence over that block is in force; or\n\t(b)\tan application for a licence over that block has been made and has not been determined.\n\t(3)\tA declaration under subsection (1) must be made by notice published in the Gazette.\n19—Standard block\nA standard block is a block that is not the subject of a declaration under section 18(1).\n20—Tender block\nA tender block is a block that is the subject of a tender block licence notice published by the Minister under section 74 or section 218.\n21—Discrete area\n\t(1)\tA group of blocks forms a discrete area if the area formed by the blocks is continuous.\n\t(2)\tTwo blocks that are joined at one point only do not form a continuous area.\n22—Minerals\n\t(1)\tA mineral is a naturally occurring substance or a naturally occurring mixture of substances.\nThis Act does not apply to petroleum (see section 35).\n\t(2)\tWithout limiting subsection (1), a mineral may be in the form of sand, gravel, clay, limestone, rock, evaporites, shale, oil-shale or coal.\n23—Exploration\n\t(1)\tFor the purposes of this Act, exploration for minerals includes any activity that is directly related to the exploration for minerals.\n\t(2)\tFor the purposes of this Act, exploration does not include the exploration for minerals of the subsoil of coastal waters that is carried out by means of underground mining from land in the State if that exploration is carried out in accordance with the Mining Act 1971.\n24—Recovery\n\t(1)\tFor the purposes of this Act, recovery of minerals includes any activity that is directly related to the recovery of minerals.\n\t(2)\tFor the purposes of this Act, recovery does not include the recovery of minerals from the subsoil of coastal waters that is carried out by means of underground mining from land in the State if that exploration is carried out in accordance with the Mining Act 1971.\n25—Licence holder\n\t(1)\tReferences in this Act to the holder of a licence or the licence holder are references to the person whose name is entered in the offshore mining register as the person who holds the licence.\n1\tThis Act is based upon the grant and registration of licences.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"If a licence is granted to a person, that person's name is entered in the register (see section 333).","content":"2\tIf a licence is granted to a person, that person's name is entered in the register (see section 333).\n3\tThe entry in the register in relation to a licence will be varied if there is a change in the holder of the licence (see section 338(4)).\n\t(2)\tA licence may be held by more than one person.\n26—Associates\n\t(1)\tFor the purposes of this Act, the following are the associates of a licence holder—\n\t(a)\tassociated contractors of the holder;\n\t(b)\tassociated agents of the holder;\n\t(c)\tassociated agents of associated contractors;\n\t(d)\tassociated employees of the holder;\n\t(e)\tassociated employees of associated contractors.\n\t(2)\tA person is an associated contractor of the holder if—\n\t(a)\tthe person enters into an agreement with the holder for carrying out activities under the licence; or\n\t(b)\tthe 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 licence.\n\t(3)\tA 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 licence.\n\t(4)\tA 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 licence.\n\t(5)\tA 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 licence.\n\t(6)\tA 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 licence.\n27—Confidential information\n\t(1)\tFor the purposes of this Act, information is confidential information if—\n\t(a)\ta licence holder has given it to the Minister; and\n\t(b)\tit is in a record, return, report or document; and\n\t(c)\tit relates to activities authorised by the licence; and\n\t(d)\tit relates to an area of the seabed or subsoil that is covered by the licence or a successor licence to the licence.\n\t(2)\tHowever, if—\n\t(a)\ta person is required to give the Minister a report in relation to particular blocks; and\n\t(b)\tthe person gives the Minister a report that relates not only to those blocks but also to other blocks; and\n\t(c)\tthe Minister is required to make the report available under section 376,\nthe information that relates to those other blocks is not confidential information.\n28—Confidential sample\nFor the purposes of this Act, a sample is a confidential sample if—\n\t(a)\ta licence holder has given it to the Minister; and\n\t(b)\tit was recovered in the course of activities authorised by the licence; and\n\t(c)\tit was recovered from an area of the seabed or subsoil that is covered by the licence or a successor licence to the licence.\nPart 1.3—Administration of the Commonwealth-State offshore area\n29—Definitions\nIn this Part—\nassociated revenue Act has the same meaning as in the Commonwealth Act;\nCommonwealth-State offshore area means the Commonwealth-State offshore area in respect of the State within the meaning of section 13 of the Commonwealth Act.\n30—Minister as member of Joint Authority, or as Designated Authority\n\t(1)\tThe Minister may perform any function that the Minister has under the Commonwealth Act or an associated revenue Act—\n\t(a)\tas a member of the Joint Authority for the Commonwealth-State offshore area provided for by section 32(2) of the Commonwealth Act; or\n\t(b)\tas the Designated Authority for that area provided for by section 29(2) of that Act.\n\t(2)\tThe Minister must perform any such function that the Minister is required to perform by the Commonwealth Act or an associated revenue Act.\n31—State officer acting under delegation\nA public sector employee within the meaning of the Public Sector Act 2009 to whom a delegation is made under section 419 of the Commonwealth Act 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.\n32 to 34—Section numbers not used\nSections 32 to 34—See note 2 to section 3(1).\nPart 1.4—Application of this Act\n35—Act does not apply to exploration for or recovery of petroleum\nThis Act does not apply to the exploration for or recovery of petroleum.\n1\tFor petroleum see section 5.\n2\tOffshore petroleum exploration and mining are regulated by the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the Petroleum (Submerged Lands) Act 1982 of this State.\n36—Section number not used\n37—Act applies to all individuals and corporations\n\t(1)\tThis Act applies to all individuals, including—\n\t(a)\tindividuals who are not Australian citizens; and\n\t(b)\tindividuals who are not resident in South Australia.\n\t(2)\tThis Act applies to all corporations, including—\n\t(a)\tcorporations that are not incorporated in South Australia; and\n\t(b)\tcorporations that do not carry on business in South Australia.\nPart 1.5—Interaction with Marine Parks Act 2007\n37A—Interaction with Marine Parks Act 2007\nThe Minister must, in the administration of this Act, take into account the objects of the Marine Parks Act 2007 (insofar as any activities or proposed activities relate to an area that forms part of a marine park under that Act).\n","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Regulation of offshore exploration and mining","content":"Chapter 2—Regulation of offshore exploration and mining\nPart 2.1—General\n38—General prohibition on exploring and mining without appropriate authorisation\nA person must not—\n\t(a)\texplore for minerals in coastal waters; or\n\t(b)\trecover minerals from coastal waters,\nunless the exploration or recovery is authorised by a licence or special purpose consent granted under this Act.\nMaximum penalty: $30 000.\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)).\n39—Licences and consents available under this Act\nThis Act provides for the grant of—\n\t(a)\texploration licences (see Part 2.2); and\n\t(b)\tretention licences (see Part 2.3); and\n\t(c)\tmining licences (see Part 2.4); and\n\t(d)\tworks licences (see Part 2.5); and\n\t(e)\tspecial purpose consents (see Part 2.6).\n1\tAn exploration licence is designed to cover the exploration phase of a project and authorises—\n\t•\tthe recovery of mineral samples.\n2\tA retention 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—\n\t•\tthe recovery of minerals but not as part of a commercial mining operation.\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"A mining licence is designed to cover the commercial mining phase of a project and authorises—","content":"3\tA mining licence is designed to cover the commercial mining phase of a project and authorises—\n\t•\tfull commercial recovery.\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"A project might make use of any of the following 3 licence arrangements—","content":"4\tA project might make use of any of the following 3 licence arrangements—\n\t•\tan exploration licence leading to a mining licence;\n\t•\tan exploration licence leading to a retention licence and then a mining licence;\n\t•\ta mining licence (without progressing through an exploration/retention licence stage).\n5\tA licence is granted over a particular area (constituted by blocks). The licence holder may need to carry out engineering or other activities outside the licence area. If so, the licence holder or someone else must obtain a works licence to carry out those activities.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"If a person wants to carry out—","content":"6\tIf a person wants to carry out—\n\t•\ta scientific investigation; or\n\t•\ta reconnaissance survey; or\n\t•\tthe 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.\n7\tEven though a person has a licence 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).\n40—Steps involved in the grant of a fully effective licence\n\t(1)\tThe following 3 steps must occur before a licence comes into force—\n\t(a)\tprovisional grant of the licence;\n\t(b)\tproper acceptance of the grant;\n\t(c)\tregistration of the grant.\nSee section 88, 154, 232 and 286.\n\t(2)\tIf a licence is provisionally granted to a person, the person must do the following to properly accept the grant—\n\t(a)\tgive the Minister a written acceptance;\n\t(b)\tlodge any security that the Minister has required;\n\t(c)\tpay the fee that is payable under section 425.\nSee sections 70, 84, 151, 214, 228 and 283.\n\t(3)\tThe following 3 steps must occur before a renewal of a licence comes into force—\n\t(a)\tprovisional renewal of the licence;\n\t(b)\tproper acceptance of the renewal;\n\t(c)\tregistration of the renewal.\nSee sections 89, 155, 233 and 287.\n\t(4)\tIf a licence is provisionally renewed, the holder must do the following to properly accept the renewal—\n\t(a)\tgive the Minister a written acceptance of the renewal;\n\t(b)\tlodge any security that the Minister has required;\n\t(c)\tpay the fee that is payable under section 425.\nSee sections 114, 173, 250 and 300.\n41—Approval of form and manner of applications etc\n\t(1)\tThe Minister may approve the form and the manner in which the following are to be made—\n\t(a)\tapplications for licences over blocks in coastal waters;\n\t(b)\tapplications for the renewal of licences over blocks in coastal waters.\n\t(2)\tAn approval under subsection (1) is to be made in writing.\n42—Rights to minerals recovered\n\t(1)\tAny minerals recovered by a licence holder or special purpose consent holder from a block covered by the licence or consent become the property of the holder when they are recovered.\n\t(2)\tIf the licence 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\t(3)\tSubsection (1) does not apply to the recovery of minerals by a works licence holder.\n\t(4)\tThe minerals recovered are not subject to the rights of any other person.\n\t(5)\tSubsection (4) does not apply to rights that the licence or consent holder transfers to the other person.\n43—Effect of grant of licence or special purpose consent on native title\n\t(1)\tThe grant of a licence or special purpose consent does not extinguish native title in the licence or consent area.\n\t(2)\tWhile a licence or special purpose consent is in force over an area, native title in the area is subject to the rights conferred by the licence or consent.\n\t(3)\tIf compensation is payable under section 24NA(6) of the Native Title Act 1993 of the Commonwealth in respect of the grant of a licence or special purpose consent under this Act, the person who applied for the grant of the licence or consent is declared in terms of subsection (7)(b) of that section to be liable to pay the compensation.\n44—Licence etc does not authorise unnecessary interference with other activities in the licence area\nA person who carries out activities in coastal waters under a licence or special purpose consent granted under this Act must not do so in a way that interferes with—\n\t(a)\tnavigation; or\n\t(b)\tthe exercise of native title rights and interests; or\n\t(c)\tfishing; or\n\t(d)\tthe conservation of the resources of the sea or the seabed; or\n\t(e)\tany activities that someone else is lawfully carrying out,\nto a greater extent than is necessary for—\n\t(f)\tthe reasonable exercise of the person's rights under the licence or consent; or\n\t(g)\tthe performance of the person's duties under the licence or consent.\nThe person referred to here might be the licence or consent holder or might be an associated person.\nPart 2.2—Exploration licences\n45—Exploration licences\n\t(1)\tThis Part provides for the grant of exploration licences over blocks in coastal waters.\n\t(2)\tAn exploration licence may be granted over a standard block (see Division 2) or over a tender block (see Division 3).\nA tender block is a block that has been declared available for tender. A standard block is any block that is not a reserved block (see sections 19 and 20).\n46—Activities authorised by an exploration licence\n\t(1)\tSubject to subsection (2), an exploration licence holder may—\n\t(a)\texplore for minerals in the licence area; and\n\t(b)\ttake samples of minerals in the licence area.\nUnder section 23(1) the concept of exploration extends to activities that are directly related to exploration.\n\t(2)\tIf the licence is expressed to restrict the kind of minerals covered by the licence, the holder is not permitted to explore for, or to take samples of, minerals not covered by the licence.\n\t(3)\tA restriction on the kind of minerals covered by the licence may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).\n\t(4)\tFor the purposes of 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.\n47—Minister may cancel or not renew exploration licence without compensation\nNo compensation is payable because of the cancellation or non-renewal of an exploration licence by the Minister.\n1\tThe Minister may cancel the licence under section 130.\n2\tThe Minister may refuse under section 108 to renew the licence.\n48—Licence rights may be suspended\n\t(1)\tThe Minister must suspend particular rights conferred by an exploration licence if the Minister is satisfied that it is necessary in the public interest to do so.\n\t(a)\tsuspends rights conferred by an exploration licence; or\nthe Minister must give the licence holder a written 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 licence.\n49—Compensation for acquisition of property due to suspension of rights\n\t(a)\tthe Minister suspends licence rights under section 48; and\n\t(a)\tthe Minister suspends licence rights under section 48; and\nacquisition of property has the same meaning as it has in section 51(xxxi) of the Commonwealth Constitution.\nDivision 2—Application for and grant of exploration licence over standard block\n50—Application for exploration licence over standard block\n\t(1)\tA person may apply to the Minister for an exploration licence over a standard block if—\n\t(a)\tthe block is vacant; and\n\t(b)\tthe block is not excluded.\nFor excluded blocks see section 51.\n\t(2)\tA standard block is vacant if no exploration, retention or mining licence is in force over the block.\n\t(3)\tA person may apply for an exploration licence over a group of standard blocks if—\n\t(b)\tthere are not more than 500 blocks in the group.\nThe Minister may, in certain circumstances, allow an application to be made for an exploration licence covering up to 3 discrete areas (see section 53).\n51—Excluded blocks\n\t(1)\tA block is excluded if—\n\t(a)\tan exploration licence over the block has been surrendered or cancelled; and\n\t(b)\ta period of 30 days after the day on which the licence was surrendered or cancelled has not ended.\n\t(2)\tA block is excluded for a particular applicant if—\n\t(a)\tthe applicant previously applied for an exploration licence over the block; and\n\t(b)\tthe application was refused; and\n\t(c)\ta period of 6 months after the day on which the previous application was refused has not ended.\n\t(3)\tA block is excluded for a particular applicant if—\n\t(a)\tthe applicant was previously the holder of an exploration, retention or mining licence over the block; and\n\t(b)\tthat previous licence was surrendered or cancelled; and\n\t(c)\ta period of 6 months after the day on which the previous licence was surrendered or cancelled has not ended.\n\t(4)\tA block is excluded for a particular applicant if—\n\t(a)\tthe applicant was previously the holder of an exploration, retention or mining licence over the block; and\n\t(b)\tthe holder was—\n\t(i)\trequired by the licence conditions; or\n\t(ii)\tgiven a direction under section 387 or 392,\nto provide the Minister with information; and\n\t(c)\tthe holder provided the information; and\n\t(d)\tthe holder surrendered the licence; and\n\t(e)\ta period of 6 months from the day on which the holder provided the information has not ended.\n52—Minister may determine that excluded block is available\n\t(1)\tA person who wants to apply for an exploration licence over a block that is excluded may apply to the Minister for a determination under subsection (2).\n\t(2)\tThe Minister may determine that the person may apply for the licence over the block despite section 51.\n\t(3)\tThe determination is to be made in writing.\n53—Minister may allow application for more than one discrete area\n\t(a)\ta person (the first applicant) applies for an exploration licence; and\n\t(b)\tanother person (the second applicant) subsequently applies for an exploration licence for a group of blocks that includes a block covered by the application made by the first applicant; and\n\t(c)\tan exploration licence is then granted to the first applicant; and\n\t(d)\tas a result of the grant, the blocks for which the second applicant can be granted an exploration licence no longer form a discrete area,\nthe second applicant may apply to the Minister for approval for the application to proceed even though the blocks it covers no longer form a discrete area.\nSee also section 59.\n\t(2)\tSubject to subsection (3), the Minister may approve the application proceeding even though the blocks that the application covers do not form a discrete area.\n\t(3)\tThe Minister may give an approval under subsection (2) only if the blocks covered by the application form not more than 3 discrete areas.\n54—How to apply\n\t(i)\tthe activities that the applicant intends to carry out on the block or blocks covered by the application; and\n\t(ii)\tthe amount of money that the applicant intends to spend on those activities; and\n\t(iii)\tthe technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the licence; and\n\t(iv)\tthe technical advice available to the applicant; and\n\t(v)\tthe financial resources available to the applicant; and\n\t(vi)\tif the licence is to be held by more than one person, the share in the licence that each prospective holder will hold; and\n1\tFor paragraphs (a) and (b) see section 41.\n2\tParagraph (c): the Minister may, after consulting the applicant, vary the blocks applied for (see section 59).\n55—Effect of inclusion of unavailable block in application\nIf—\n\t(a)\ta person applies for a licence over a group of standard blocks; and\n\t(b)\tbecause of section 18, 50 or 51 an exploration licence cannot be granted over one or more of the blocks in the group,\nthe Minister may still deal with the application to the extent to which the application covers blocks for which an exploration licence can be granted.\nAn exploration licence cannot be granted over a block that is not vacant or is excluded (see sections 50 and 51) or over a reserved block (see section 18).\n56—Payment of fee\n\t(3)\tThe 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.\n57—Application must be advertised\n\t(i)\tthat the applicant has applied for an exploration licence over the blocks described in the notice; and\n\t(iii)\tthat requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n\t(a)\tthe applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\n58—How multiple applications are dealt with\n\t(1)\tSubject to subsection (2), if a block is covered by 2 or more applications for an exploration or mining licence, the Minister must deal with the applications in the order in which they are made.\nSee also section 203.\n\t(a)\tthe applications are lodged within a particular time of each other; and\n\t(b)\tthe time is less than the time prescribed by the regulations,\nthe Minister must determine the order in which the applications are to be dealt with by drawing lots in the way prescribed by the regulations.\n59—Discussions about blocks applied for\n\t(1)\tThe Minister may ask the applicant to discuss with the Minister the blocks covered by the application.\n\t(2)\tThe request under subsection (1) must be—\n\t(a)\tmade in writing; and\n\t(b)\tgiven to the applicant.\n\t(3)\tIf, after discussions, the Minister and the applicant agree on the blocks to be covered by the application, the applicant is taken to have applied for an exploration licence over the blocks agreed on.\n\t(4)\tThe Minister must give the applicant written confirmation of the agreement as soon as possible after the agreement is reached.\n\t(5)\tThe Minister may include in the written confirmation a direction that the applicant must advertise the revised application under section 60.\n\t(6)\tIf the Minister and the applicant do not agree on the blocks to be covered by the application—\n\t(a)\tthe Minister may make a written determination specifying the blocks to be covered by the application; and\n\t(b)\tthe applicant is taken to have applied for an exploration licence over the blocks specified in the determination.\n\t(7)\tThe Minister may include in the written determination a direction that the applicant must advertise the revised application under section 60.\n\t(8)\tIf the Minister makes a determination under subsection (6), the Minister must give a copy of the determination to the applicant as soon as possible after the determination is made.\n60—Advertising revised application\n\t(a)\tthe application has been revised under section 59; and\n\t(b)\tthe 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.\n\t(b)\ta map and description of the blocks covered by the revised application that are sufficient for the blocks to be identified; and\n\t(i)\tthat the applicant has applied for an exploration licence over the blocks described in the notice; and\n\t(iii)\tthat requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n\t(a)\tif the Minister and the applicant agree on the blocks applied for under section 59(3), as soon as possible after the applicant is given written confirmation of the agreement under section 59(4); or\n\t(b)\tif the Minister makes a determination of the blocks applied for under section 59(6), as soon as possible after the applicant is given a copy of the determination under section 59(8),\nbut in any case, subject to subsection (4), within 14 days after the applicant is given the confirmation or copy.\n\t(a)\tthe applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\n61—Request for further information\n62—Section number not used\n63—Minister may provisionally grant licence\nIf the applicant does what is required by sections 54 to 61, the Minister may—\n\t(a)\tprovisionally grant an exploration licence to the applicant; or\nUnder section 88, the grant of the licence cannot 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).\n64—Section number not used\n65—Matters to be specified in the licence\nThe licence must specify—\nFor the term of a licence see section 88.\n66—Applicant must be notified\n\t(1)\tThe Minister must give the applicant written notice of a decision under section 63.\n\t(2)\tIf the Minister provisionally grants an exploration licence—\n\t(ii)\tnotification that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period—\n67—Amendment of conditions\n\t(1)\tIf the provisional holder is dissatisfied with a licence condition, the provisional holder may ask the Minister to amend the condition.\n\t(2)\tThe request must be made within 30 days after the day on which the provisional holder is given the licence under section 66.\n\t(3)\tIf a request is made under subsection (1), the Minister may amend the licence condition and, with the consent of the provisional holder, any other licence condition.\n68—Amendment of security requirements\n\t(2)\tThe request must be made within 30 days after the day on which the provisional holder is given notice under section 66.\n69—Extension of primary payment period\n\t(1)\tIf 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\t(2)\tThe request must be made within 30 days after the day on which the provisional holder is given notice under section 66.\n70—Acceptance of grant of exploration licence for standard block\n\t(1)\tThe provisional grant of the exploration licence is properly accepted by the provisional holder if, before the required time, the provisional holder—\nUnder section 88, the grant of the licence cannot be effective before it is registered (see section 333 for registration).\n\t(2)\tThe 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.\n71—Conditions applicable to licence on grant\nIf the provisional grant of the licence is properly accepted under section 70, it is subject to—\n\t(a)\tthe conditions specified in the licence given to the applicant under section 66; or\n\t(b)\tif the Minister amended those conditions under section 67, those conditions as amended.\n72—Lapse of provisional grant of exploration licence\nIf the provisional grant of the licence is not properly accepted under section 70, the provisional grant lapses.\n","sortOrder":7},{"sectionNumber":"Div 3","sectionType":"division","heading":"Application for and grant of exploration licence over tender block","content":"Division 3—Application for and grant of exploration licence over tender block\n73—Matters to be determined before applications for exploration licence over tender blocks invited\nIf the Minister proposes to invite applications for the grant of an exploration licence over reserved blocks, the Minister must, before inviting the applications, determine—\n\t(a)\tthe procedure and criteria that the Minister will adopt to allocate the licence; and\n\t(b)\tthe amount of security that will be required for the licence under section 399; and\n74—Minister may invite applications for exploration licence over tender blocks\n\t(1)\tSubject to subsection (2), the Minister may invite applications for the grant of an exploration licence over reserved blocks.\n\t(2)\tApplications may be invited for a licence covering a group of reserved blocks only if the group forms a discrete area.\n\t(3)\tThe Minister is to invite applications by publishing a tender block licence notice for the licence in the Gazette.\n75—Tender block licence notice—exploration licence\n\t(1)\tA tender block licence notice for an exploration licence must—\n\t(a)\tspecify the blocks to be covered by the licence; and\n\t(b)\tspecify the period within which applications may be made; and\n\t(c)\tspecify the procedure and criteria that the Minister will adopt to allocate the licence; and\n\t(d)\tspecify the amount of security that the successful applicant will be required to lodge; and\n\t(e)\tinclude a statement to the effect that information about—\n\t(i)\tthe security that the successful applicant will be required to lodge; and\n\t(ii)\tthe licence conditions,\nmay be obtained from the Minister.\n\t(2)\tWithout limiting subsection (1)(c), the Minister may for the purposes of that paragraph specify that the tender will be determined on the basis of either or both of the following—\n\t(a)\tthe nature and extent of the exploration activity proposed to be carried out;\n\t(b)\tthe amount of money offered for the licence.\n\t(3)\tThe tender block licence notice may specify not more than 500 blocks for the exploration licence.\n76—Application for exploration licence over tender blocks\nIf a tender block licence notice has been published inviting applications for an exploration licence, a person may apply to the Minister for the licence.\n77—How to apply\n\t(c)\tbe made before the end of the period specified in the tender block licence notice; and\n\t(d)\taddress the criteria specified under section 75(1)(c);\n\t(e)\tinclude details of—\n\t(i)\tthe technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the licence; and\n\t(ii)\tthe technical advice available to the applicant; and\n\t(iii)\tthe financial resources available to the applicant; and\n\t(iv)\tif the licence is to be held by more than one person, the share in the licence that each prospective holder will hold; and\n78—Payment of fee\n\t(3)\tThe 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.\n79—Request for further information\n80—Section number not used\n81—Minister may provisionally grant licence\n\t(1)\tThe Minister may provisionally grant an exploration licence to an applicant who has done what is required by sections 77 to 79.\n\t(2)\tWhen provisionally granting a licence under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender block licence notice published for the licence under section 74.\n\t(3)\tIf the Minister refuses to grant a licence under subsection (1), the Minister must give the applicant written notice of the refusal.\n82—Section number not used\n83—Successful applicant must be notified\n\t(1)\tIf the Minister provisionally grants an exploration licence under section 81 or 87, the Minister must give the provisional holder—\n\t(a)\tthe licence; and\n\t(b)\twritten notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given—\n\t(i)\tgives the Minister a written acceptance of the grant; and\n\t(iii)\tpays the fee that must be paid for the licence under section 425; and\n\t(iv)\tif the tender is determined on the basis of the amounts of money offered for the licence, pays to the Minister the amount that the provisional holder offered for the licence under section 77(1)(d).\n\t(2)\tThe licence must specify—\nFor the term of a licence see section 88.\n84—Acceptance of grant of exploration licence over tender blocks\nThe provisional grant of an exploration licence 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—\n\t(c)\tpays the fee that must be paid for the licence under section 425; and\n\t(d)\tif the tender is determined on the basis of the amount of money offered for the licence, pays to the Minister the amount that the provisional holder offered for the licence under section 77(1)(d).\nUnder section 88, the grant of the licence cannot be effective before it is registered (see section 333 for registration).\n85—Conditions applicable to licence on grant\nIf the provisional grant of the licence is properly accepted, the licence is subject to the conditions determined under section 73.\n86—Lapse of provisional grant of exploration licence\nIf the provisional grant of the licence is not properly accepted under section 84, the provisional grant lapses.\n87—Provisional grant to next applicant if grant lapses\n\t(1)\tIf the provisional grant of the licence lapses under section 86, the Minister may provisionally grant the licence to another of the applicants for the licence.\n\t(2)\tWhen provisionally granting a licence under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender block licence notice published for the licence under section 74.\n","sortOrder":8},{"sectionNumber":"Div 4","sectionType":"division","heading":"Duration of exploration licence","content":"Division 4—Duration of exploration licence\n88—Initial term of exploration licence\n\t(1)\tAn exploration licence comes into force on—\n\t(b)\tif a day later than the day on which the grant of the licence is registered is specified in the licence as its commencement day, that specified day.\n\t(2)\tThe initial term of an exploration licence ends—\n\t(a)\t4 years after the day on which the licence is provisionally granted; or\n\t(b)\tif a day later than the day on which the licence is provisionally granted is specified in the licence as its commencement day, 4 years after that specified day.\nThe licence may be surrendered at any time (see section 127).\n89—Term of renewal of exploration licence\n\t(1)\tA renewal of an exploration licence comes into force on—\nSee Division 6 for renewal.\n\t(2)\tThe term of a renewal of a licence ends 2 years after the day on which the previous term of the licence expires.\nThe licence may be surrendered at any time (see section 127).\n\t(3)\tIn working out the previous term of the licence, section 90 is to be disregarded.\n\t(4)\tAn exploration licence is not to be renewed more than 3 times.\n90—Effect of suspension of rights on term of exploration licence\n\t(1)\tIf the Minister suspends rights conferred by an exploration licence for a specified period under section 48, the Minister may extend the term of the licence.\n\t(2)\tAn extension of a licence term under subsection (1)—\n\t(a)\tmust not be for a period that is longer than the period for which the licence rights were suspended; and\n\t(b)\tmust be in writing.\n\t(3)\tIf the Minister extends the term of a licence under subsection (1), the Minister must give the licence holder a written notice that informs the holder—\n\t(a)\tthat the licence has been extended; and\n\t(b)\tof the period of the extension.\n91—Effect of application for renewal on term of exploration licence\nIf—\n\t(a)\tan exploration licence holder applies to renew the licence under section 101; and\n92—Effect of application for retention licence or mining licence on term of exploration licence\nIf—\n\t(a)\tan exploration licence holder applies for—\n\t(i)\ta retention licence (see section 137); or\n\t(ii)\ta mining licence (see section 198),\nover the licence area, or part of the licence area, of the exploration licence; and\n\t(b)\tthe current term of the exploration licence expires; and\n\t(c)\ta grant of the retention licence or mining licence does not take effect before the current term of the exploration licence expires,\nthe exploration licence remains in force until—\n\t(d)\tthe grant of the retention licence or mining licence takes effect; or\n\t(e)\ta provisional grant of the retention licence or mining licence lapses; or\n\t(f)\tthe application for the retention licence or mining licence is withdrawn or refused.\n93—Effect of application for extension on term of licence\nIf—\n\t(a)\tan exploration licence holder applies for an extension of the term of the licence under section 94 or 96; and\n\t(b)\tthe holder has also applied to renew the licence under section 101; and\n\t(c)\tthe extension application is not decided before the licence is due to expire,\nthen—\n\t(d)\tthe renewal application lapses; and\n\t(e)\tthe licence remains in force until—\n\t(i)\tif the Minister extends the term of the licence under section 95 or 97 for a specified period, 30 days after the day on which that period ends; or\n\t(ii)\tif the Minister refuses to extend the term of the licence under section 95 or 97, 30 days after the day on which the holder is given notice of the refusal under section 98.\n94—Extension of licence—activities disrupted\n\t(a)\tan exploration licence authorises the licence holder to carry out an activity; and\n\t(b)\tcircumstances 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 licence.\n\t(2)\tThe application must be made—\n\t(a)\twithin 30 days after the day on which the holder first became aware of the circumstances; and\n\t(b)\tbefore the licence expires.\n95—Grant of licence extension—activities disrupted\n\t(1)\tSubject to subsection (2), if an exploration licence holder applies for an extension under section 94, the Minister—\n\t(a)\tmust grant an extension of the term of the licence if the Minister is satisfied that—\n\t(i)\tthe holder is or has been unable to carry out the activities authorised by the licence; and\n\t(ii)\tthe holder is or has been unable to do so because of circumstances beyond the holder's control; and\n\t(iii)\tno excluded time is included in the period of inability for which an extension is sought; and\n\t(b)\tmust refuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a).\n\t(2)\tThe period for which the extension is granted must not be longer than the disruption period for the licence less any excluded time for the licence.\n\t(3)\tThe extension may be granted subject to whatever conditions the Minister thinks appropriate.\n\t(4)\tIn this section—\ndisruption period for a licence means the period during which the licence holder is unable to carry out activities authorised by the licence because of circumstances beyond the holder's control;\nexcluded time for a licence means any period during which the licence 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 licence for a period, the Minister may extend the term of the licence for an equivalent period. Under section 91, the term of a licence is automatically extended if there is an application for the renewal of a licence undecided when the licence is due to expire. Under section 92, the term of a licence is automatically extended if the holder applies for a retention or mining licence over the licence area. Under section 93, the term of a licence is automatically extended if there is an application for an extension of the licence undecided when the licence is due to expire.\n96—Extension of licence—other circumstances\n\t(1)\tAn exploration licence holder may apply to the Minister for an extension of the term of the licence if, under section 121, the Minister—\n\t(b)\texempts the holder from complying with a licence condition.\n\t(2)\tThe application must be made not later than 30 days before the licence expires.\n97—Grant of licence extension—other circumstances\n\t(1)\tSubject to subsection (2), if an exploration licence holder applies for an extension under section 96, the Minister—\n\t(a)\tmay grant an extension of the term of the licence; or\n\t(b)\tmay refuse to grant an extension of the term of the licence.\n\t(2)\tThe extension must not be for a period that is longer than the period of the suspension or exemption.\n\t(3)\tThe extension may be granted subject to whatever conditions the Minister thinks appropriate.\n98—Notification of decision\n\t(1)\tIf the Minister grants an extension of the term of the exploration licence under section 95 or 97, the Minister must give the licence holder a written notice that informs the holder of—\n\t(a)\tthe grant of extension; and\n\t(b)\tthe period of the extension; and\n\t(c)\tif the extension is subject to conditions, the conditions.\n\t(2)\tIf the Minister refuses an application for a licence extension, the Minister must give the licence holder a written notice that informs the holder of—\n\t(a)\tthe refusal; and\n\t(b)\tthe reasons for the refusal.\n","sortOrder":9},{"sectionNumber":"Div 5","sectionType":"division","heading":"Voluntary surrender of part of exploration licence area","content":"Division 5—Voluntary surrender of part of exploration licence area\n99—Voluntary surrender of blocks if discrete area remains\n\t(1)\tAn exploration licence holder may surrender a block or some of the blocks covered by the licence if the remaining blocks in the licence area form a discrete area.\nSee section 127 for the surrender of the whole licence.\n100—Voluntary surrender of blocks if up to 3 discrete areas remain\n\t(a)\tan exploration licence holder wants to surrender some of the blocks covered by the licence; and\n\t(b)\tthe blocks remaining in the licence 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.\n\t(2)\tThe application—\n\t(b)\tmust include a surrender proposal that identifies the blocks in the licence area that the holder proposes to surrender; and\n\t(c)\tmay include any other information that the holder thinks is relevant.\n\t(3)\tIf the Minister agrees with the surrender proposal, the Minister may approve the surrender of the blocks specified in the proposal by giving the holder written notice of the approval.\n\t(4)\tIf the Minister does not agree with the surrender proposal, the Minister may ask the holder to discuss the proposal.\n\t(5)\tIf the Minister and the holder agree, after discussions, on the blocks to be surrendered the Minister may approve the surrender of the blocks agreed on by giving the holder written confirmation of the agreement.\n\t(6)\tIf, after discussions, the Minister and the holder do not agree on the surrender proposal, no blocks are surrendered.\n","sortOrder":10},{"sectionNumber":"Div 6","sectionType":"division","heading":"Application for and grant of renewal of exploration licence","content":"Division 6—Application for and grant of renewal of exploration licence\n101—Application for renewal of exploration licence\nAn exploration licence holder may apply to the Minister to renew the licence.\n1\tPart of the licence area must be surrendered on each renewal (see section 104).\n2\tAt each renewal, the licence conditions are reviewed (see section 118).\n102—When application to be made\n\t(1)\tSubject to subsections (2) and (3), the application must be made at least 30 days before the day on which the licence is to expire.\nIf an application for extension of a licence is made, the expiry of the licence is postponed (see section 93). For expiry of a licence see section 126.\n\t(2)\tThe Minister may accept an application that is made later than 30 days before the day on which the licence is to expire if—\n\t(3)\tIf a licence remains in force because of section 93(e)(ii), the application may be made at any time before the licence ceases to be in force.\n103—How to apply for renewal\n\t(ii)\tthe amount of money spent by the applicant in relation to the blocks covered by the licence during its current term; and\n\t(iv)\tthe amount of money that the applicant intends to spend on those activities during the term applied for; and\n\t(d)\tspecify the blocks that the applicant nominates for surrender in accordance with section 104.\n104—Mandatory reduction of licence area on renewal of exploration licence\n\t(1)\tThis section deals with the mandatory reduction of the licence area covered by an exploration licence when the licence is renewed.\n\t(2)\tSubject to subsection (4)(b), on each surrender day of an exploration licence, the licence holder must surrender—\n\t(a)\t50 per cent of the number of blocks in the licence area; or\n\t(b)\tif 50 per cent of that number of the blocks is a whole number and a fraction, the next higher whole number of the blocks.\n\t(3)\tSubject to subsection (4)(a), the blocks that remain in the licence area after a surrender under subsection (2) must form a discrete area.\n\t(4)\tThe Minister may—\n\t(a)\tgive permission for the surrender of blocks in a licence area if the licence area remaining after the proposed surrender would consist of not more than 3 discrete areas; or\n\t(b)\tgive permission for a licence area to be reduced by less than 50 per cent if the Minister considers that there are special circumstances present in relation to the renewal application.\n105—Request for further information\n\t(1)\tThe Minister may ask the applicant to provide further information about the application.\n106—Payment of fee\n\t(3)\tThe 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.\n107—Section number not used\n108—Provisional renewal of an exploration licence\n\t(1)\tThe Minister must provisionally renew an exploration licence if the applicant—\n\t(a)\tdoes what is required by sections 101 to 106; and\n\t(b)\thas complied with—\n\t(i)\tthis Act; and\n\t(ii)\tthe regulations; and\n\t(iii)\tthe licence conditions.\n1\tUnder section 89, the renewal of the licence cannot 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).\n2\tUnder section 118, new conditions may be imposed on renewal.\n\t(2)\tIf subsection (1) does not require the Minister to provisionally renew the licence, the Minister may—\n\t(b)\trefuse to renew the licence.\n109—Section number not used\n110—Applicant must be notified\n\t(1)\tThe Minister must give the applicant written notice of the Minister's decision under section 108.\n\t(2)\tIf the Minister provisionally renews the exploration licence under section 108, the notice must contain the following information—\n\t(a)\tnotification of the conditions of the renewed licence;\n\t(b)\tnotification of any determination under section 399 that the applicant must lodge a security or a further security;\n\t(c)\tnotification that the provisional renewal will lapse unless the applicant, before the end of the primary payment period—\n\t(ii)\tlodges any security required by the Minister under section 399; and\n\t(iii)\tpays the fees that must be paid under section 425.\nSection 118 provides for renewals to be granted subject to conditions.\n111—Amendment of conditions\n\t(a)\thas been provisionally granted a renewal of the licence under section 108; and\n\t(3)\tIf a request is made under subsection (1), the Minister may amend the licence conditions and, with the consent of the holder, any other licence condition.\n112—Amendment of security requirements\n\t(a)\thas been provisionally granted a renewal of the licence under section 108; and\n113—Extension of primary payment period\n\t(1)\tIf the licence holder makes a request under section 111 or 112, the holder may ask the Minister to extend the primary payment period.\n114—Acceptance of renewal of exploration licence\n\t(1)\tThe provisional renewal of an exploration licence is properly accepted by the licence holder if, before the required time, the holder—\nUnder section 89, the renewal of the licence cannot be effective before it is registered (see section 334 for registration).\n\t(2)\tThe required time under subsection (1) is the end of the primary payment period or, if the licence holder has been granted an extension of the primary payment period under section 113, the end of the secondary payment period.\n115—Conditions applicable to licence on renewal\nIf the provisional renewal is properly accepted under section 114, the renewed licence is subject to—\n\t(a)\tthe conditions specified in the notice given to the licence holder under section 110; or\n\t(b)\tif the Minister amended those conditions under section 111, those conditions as amended.\n116—Lapse of provisional renewal of exploration licence\nIf the provisional renewal of an exploration licence is not properly accepted under section 114, the provisional renewal lapses.\n","sortOrder":11},{"sectionNumber":"Div 7","sectionType":"division","heading":"Obligations associated with exploration licence","content":"Division 7—Obligations associated with exploration licence\n117—General\n\t(1)\tThe sources of obligations associated with an exploration licence are—\nFor paragraph (a) see sections 118 to 120. For paragraph (c) see section 44, 123 to 125, section 372 and 391(1).\n\t(2)\tIf an exploration licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the licence.\n118—Conditions of exploration licence\n\t(1)\tThe Minister may grant or renew an exploration licence subject to whatever conditions the Minister thinks appropriate.\n\t(2)\tIf the Minister grants or renews an exploration licence subject to conditions, the conditions must be specified in the licence.\n\t(3)\tWithout limiting subsection (1), the Minister may attach the following kinds of conditions to the grant or renewal of an exploration licence—\n\t(b)\ta condition requiring the holder to carry out certain work in or in relation to the licence area during the term of the licence;\n\t(c)\ta condition requiring the holder to spend a specified amount of money in carrying out the work referred to in paragraph (b);\n\t(d)\ta condition requiring the holder to lodge a security with the Minister;\n\t(e)\ta condition requiring the holder to keep specified information;\n\t(f)\ta condition requiring the holder to give the Minister, on request, specified information;\n\t(g)\ta condition requiring the holder to take steps to protect the environment of the licence area, including conditions relating to—\n\t(ii)\tminimising the effect on the environment of the licence area and the area surrounding the licence area of activities carried out in the licence area;\n\t(h)\ta condition requiring the holder to repair any damage to the environment caused by activities in the licence area;\n\t(i)\ta condition requiring the holder to pay a specified penalty to the State if the holder does not comply with a licence condition.\n\t(4)\tA condition under subsection (3)(d) must specify—\n\t(5)\tWithout 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—\n119—No conditions requiring payment of money\nExcept for a condition requiring the payment of a penalty or lodgment of security, a licence condition must not require the payment of money to the State.\n120—Variation of conditions\n\t(a)\tan exploration licence holder requests the Minister in writing to vary a licence condition; or\n\t(b)\tan exploration licence continues in force because of section 93; or\n\t(c)\tan extension of the term of an exploration licence is granted under section 95; or\n\t(d)\tpart of the licence area of an exploration licence is surrendered under section 99 or 100,\nto an exploration licence holder, the Minister may vary a licence condition to the extent necessary to avoid inconsistency between the licence conditions and the direction, approval, consent or exemption.\n121—Exemption from or suspension of conditions\n\t(a)\tan exploration licence holder requests the Minister in writing to—\n\t(b)\tan exploration licence continues in force because of section 93; or\n\t(c)\tan extension of the term of an exploration licence is granted under section 95; or\n\t(d)\tpart of the licence area of an exploration licence is surrendered under section 99 or 100,\n\t(e)\tsuspend a licence condition; or\n\t(f)\texempt the holder from complying with a licence condition.\nto an exploration licence holder, the Minister may suspend a licence condition, or exempt the holder from compliance with a licence condition, to the extent necessary to avoid inconsistency between the licence conditions and the direction, approval, consent or exemption.\nA suspension or exemption of a condition cannot be effective before it is registered (see section 337).\n122—Automatic suspension of conditions if licence rights are suspended\nIf—\n\t(a)\tthe Minister suspends particular rights conferred by an exploration licence under section 48; and\n123—Work practices\nA person who is an exploration licence holder or an associate of the holder, in carrying out activities in the licence area that are authorised by the licence, must take all reasonable steps—\n\t(a)\tto ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\n\t(b)\tto maintain in good repair all structures and equipment erected in, or brought into, the licence area by the person; and\n124—Licence holder must keep specified records etc\nAn exploration licence holder must—\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.\n125—Licence holder must assist inspectors\nAn exploration licence holder must provide an inspector with reasonable facilities and assistance so that the inspector is able to carry out compliance inspections.\n","sortOrder":12},{"sectionNumber":"Div 8","sectionType":"division","heading":"Expiry of exploration licence","content":"Division 8—Expiry of exploration licence\n126—General\n\t(1)\tAn exploration licence expires if—\n\t(c)\ta retention licence is granted over the blocks in the licence area of the exploration licence; or\n\t(d)\ta mining licence is granted over the blocks in the licence area of the exploration licence; or\n\t(e)\tthe licence 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.\n\t(2)\tIn subsection (1)(a) the reference to the term of the licence includes any period during which the licence is in force under section 90, 91, 92 or 93.\n127—Voluntary surrender of exploration licence\nAn exploration licence holder may surrender the licence.\n1\tSee Division 5 for voluntary surrender of part of a licence area.\n128—Automatic expiry of exploration licence when retention licence takes effect\nIf—\n\t(a)\tan exploration licence is in force; and\n\t(b)\ta retention licence over all or some of the blocks in the exploration licence area comes into force under section 154,\nthe exploration licence expires in relation to the blocks covered by the retention licence.\n129—Automatic expiry of exploration licence when mining licence takes effect\nIf—\n\t(a)\tan exploration licence is in force; and\n\t(b)\ta mining licence over all or some of the blocks in the exploration licence area comes into force under section 232,\nthe exploration licence expires in relation to the blocks covered by the mining licence.\n130—Cancellation of exploration licence\n\t(1)\tSubject to subsection (5), the Minister may cancel an exploration licence if the licence holder—\n\t(2)\tIf the Minister proposes to cancel a licence under subsection (1), the Minister must give the licence holder a written notice that informs the holder of the proposed cancellation.\n\t(c)\tspecify the day by which submissions may be given to the Minister; and\n\t(ii)\tany steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the licence and to prevent any similar breach or contravention from happening again; and\n131—Obligations of former exploration licence holders and former associates\n\t(i)\tan exploration licence holder; or\n\t(ii)\tan associate of an exploration licence holder; and\n\t(3)\tSubsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular manner if the person carries them out.\nPart 2.3—Retention licences\n132—Retention licences\nThis Part provides for the grant of retention licences over blocks in coastal waters.\nA retention licence is designed to allow an exploration licence holder to retain rights over an area if—\n\t•\tthe holder has identified and evaluated a significant mineral deposit in the exploration licence area; and\n\t•\tmining the deposit is not commercially viable in the short term; and\n\t•\tthere is a reasonable prospect of development of the deposit in the longer term.\nSee section 145 for the grounds on which a retention licence may be granted.\n133—Activities authorised by a retention licence\n\t(1)\tSubject to subsections (2) and (3), a retention licence holder may—\n\t(a)\texplore for minerals in the licence area; and\n\t(b)\trecover minerals in the licence area.\n1\tThe retention licence may specify a restricted range of activities that are the only ones authorised by the licence (see section 146(3)).\n2\tUnder section 23(1) the concept of exploration extends to activities that are directly related to exploration.\n3\tUnder section 24(1) the concept of recovery extends to activities that are directly related to the recovery of minerals.\n\t(2)\tA retention licence does not authorise the recovery of minerals as part of a commercial mining operation.\n\t(3)\tIf the licence is expressed to restrict the kind of minerals covered by the licence, the holder is not permitted to explore for, or to recover, minerals not covered by the licence.\n\t(4)\tA restriction on the kind of minerals covered by the licence may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).\n\t(5)\tFor the purposes of 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.\n134—Minister may cancel or not renew retention licence without compensation\nNo compensation is payable because of the cancellation or non-renewal of a retention licence by the Minister.\n1\tThe Minister may cancel the licence under section 189 or 190.\n2\tThe Minister may refuse under section 165 to renew the licence.\n135—Licence rights may be suspended\n\t(1)\tThe Minister must suspend particular rights conferred by a retention licence if the Minister is satisfied that it is necessary in the public interest to do so.\n\t(a)\tsuspends rights conferred by a retention licence; or\nthe Minister must give the licence holder a written 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 licence.\n136—Compensation for acquisition of property due to suspension of rights\n\t(a)\tthe Minister suspends licence rights under section 135; and\n\t(a)\tthe Minister suspends licence rights under section 135; and\nacquisition of property has the same meaning as it has in section 51 (xxxi) of the Commonwealth Constitution.\nDivision 2—Application for and grant of retention licence\n137—Application for retention licence\n\t(1)\tAn exploration licence holder may apply to the Minister for a retention licence over blocks within the exploration licence area.\n\t(2)\tA person may apply for a retention licence over a group of blocks only if—\n\t(b)\tthere are not more than 20 blocks in the group.\n\t(3)\tThe exploration licence holder may apply for 2 or more retention licences over different parts of the exploration licence area.\n138—How to apply\n\t(i)\tthe reasons why the applicant is applying for a retention licence rather than a mining licence; and\n\t(ii)\tthe mineral deposit that the applicant has identified and evaluated and that the applicant believes is commercially viable in the longer term; and\n\t(iii)\tthe applicant's assessment of the present and potential commercial viability of the mineral deposit; and\n\t(iv)\tthe overall work program that the applicant has already carried out under the exploration licence on the blocks covered by the application; and\n\t(v)\tthe amount of money that the applicant has already spent under the exploration licence on and in connection with the blocks covered by the application; and\n\t(vi)\tthe activities that the applicant intends to carry out on the blocks covered by the application; and\n\t(vii)\tthe amount of money that the applicant intends to spend on and in connection with those activities; and\n\t(viii)\tthe technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the licence; and\n\t(ix)\tthe technical advice available to the applicant; and\n\t(x)\tthe financial resources available to the applicant; and\n\t(2)\tThe mineral deposit details given under subsection (1)(d)(ii) must include—\n\t(a)\ta full description of the mineral deposit; and\n\t(b)\tboth factual information about the deposit and the applicant's interpretation of the factual information.\n\t(3)\tThe applicant may include in the application any other information that the applicant thinks is relevant.\n139—Payment of fee\n\t(3)\tThe 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.\n140—Application must be advertised\n\t(i)\tthat the applicant has applied for a retention licence for the blocks described in the notice; and\n\t(iii)\tthat requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n\t(a)\tthe applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\n141—Request for further information\n142—Section number not used\n143—Minister may provisionally grant licence\nIf the applicant does what is required by sections 138 to 141, the Minister may—\n\t(a)\tsubject to section 145, provisionally grant a retention licence to the applicant; or\nUnder section 154, the grant of the licence cannot 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).\n144—Section number not used\n145—Grounds for granting retention licence\n\t(1)\tThe Minister may provisionally grant the retention licence only if the Minister is satisfied that—\n\t(a)\tthe exploration licence holder has identified and evaluated a significant mineral deposit in the exploration licence area; and\n\t(b)\tthere are reasonable grounds for the holder not applying immediately for a mining licence.\n\t(2)\tWithout limiting subsection (1), reasonable grounds for not applying immediately for a mining licence include the following—\n\t(a)\tthe need to obtain government approvals (for example, relating to environmental protection) before mining activities can commence;\n\t(b)\tthe need to carry out further exploration or evaluation in order to establish the commercial viability of a mineral deposit found in the licence area;\n\t(c)\tthe need to develop technologies before mining activities can commence;\n\t(d)\tthe need to arrange finance, or to secure additional capital reserves, before mining activities can commence;\n\t(e)\tthe 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\t(f)\tthe existence of political considerations that effectively preclude mining activities in the immediate future.\n146—Matters to be specified in the licence\n\t(2)\tThe term specified under subsection (1)(b) is not to exceed 5 years.\n\t(3)\tThe licence may specify the activities that may be carried out under the licence.\n\t(4)\tIf the licence includes a specification under subsection (3), the licence authorises only the specified activities.\n147—Applicant must be notified\n\t(1)\tThe Minister must give the applicant written notice of a decision under section 143.\n\t(2)\tIf the Minister provisionally grants a retention licence—\n\t(ii)\tnotification that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period—\n148—Amendment of conditions\n\t(1)\tIf the provisional holder is dissatisfied with a licence condition, the provisional holder may ask the Minister to amend the condition.\n\t(2)\tThe request must be made within 30 days after the day on which the provisional holder is given the licence under section 147.\n\t(3)\tIf a request is made under subsection (1), the Minister may amend the licence condition and, with the consent of the provisional holder, any other licence condition.\n149—Amendment of security requirements\n\t(2)\tThe request must be made within 30 days after the day on which the provisional holder is given notice under section 147.\n150—Extension of primary payment period\n\t(1)\tIf 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\t(2)\tThe request must be made within 30 days after the day on which the provisional holder is given notice under section 147.\n151—Acceptance of grant of retention licence\n\t(1)\tThe provisional grant of a retention licence is properly accepted by the provisional holder if, before the required time, the provisional holder—\nUnder section 154, the grant of the licence cannot be effective before the grant is registered (see section 333 for registration).\n\t(2)\tThe 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.\n152—Conditions applicable to licence on grant\nIf the provisional grant of the licence is properly accepted under section 151, it is subject to—\n\t(a)\tthe conditions specified in the licence given to the applicant under section 147; or\n\t(b)\tif the Minister amended those conditions under section 148, those conditions as amended.\n153—Lapse of provisional grant of retention licence\nIf the provisional grant of the licence is not properly accepted under section 151, the provisional grant lapses.\nDivision 3—Duration of retention licence\n154—Initial term of retention licence\n\t(1)\tA retention licence comes into force on—\n\t(b)\tif a day later than the day on which the grant of the licence is registered is specified in the licence as its commencement day, that specified day.\n\t(2)\tThe initial term of a retention licence expires at the end of the period specified in the licence under section 146(1).\n1\tFor the maximum initial term see section 146(2).\n2\tThe licence may be surrendered at any time (see section 187).\n\t(3)\tThe period runs from—\n\t(b)\tif a day later than the day on which the licence is provisionally granted is specified in the licence as its commencement day, that specified day.\n155—Term of renewal of licence\n\t(1)\tA renewal of a retention licence comes into force on—\nSee Division 5 for renewal.\n\t(2)\tThe term of a renewal of a licence expires at the end of the period specified in the notice under section 169.\n1\tFor the maximum term of renewal see section 169(3).\n2\tThe licence may be surrendered at any time (see section 187).\n\t(3)\tThe period runs from the expiry of the previous term of the licence.\n\t(4)\tIn working out the period referred to in subsection (3) section 156 is to be disregarded.\n156—Effect of application for renewal on term of retention licence\nIf—\n\t(a)\ta retention licence holder applies to renew the licence under section 159; and\n157—Effect of application for mining licence on term of retention licence\nIf—\n\t(a)\ta retention licence holder applies for a mining licence over the licence area, or part of the licence area, of the retention licence; and\n\t(b)\tthe current term of the retention licence expires; and\n\t(c)\ta grant of the mining licence does not take effect before the current term of the retention licence expires,\nthe retention licence remains in force until—\n\t(d)\tthe grant of the mining licence takes effect; or\n\t(e)\ta provisional grant of the mining licence lapses; or\n\t(f)\tthe application for the mining licence is withdrawn or refused.\nDivision 4—Voluntary surrender of part of retention licence area\n158—Voluntary surrender of blocks if discrete area remains\n\t(1)\tA retention licence holder may surrender a block or some of the blocks covered by the licence if the remaining blocks in the licence area form a discrete area.\nSee section 187 for the surrender of the whole licence.\nDivision 5—Application for and grant of renewal of retention licence\n159—Application for renewal of retention licence\nA retention licence holder may apply to the Minister to renew the licence.\nAt each renewal, the licence conditions are reviewed (see section 177).\n160—When application to be made\n\t(1)\tSubject to subsection (2), the application must be made at least 6 months before the day on which the licence is to expire.\n\t(2)\tThe Minister may accept an application that is made later than 6 months before the day on which the licence is to expire if—\n161—How to apply for renewal\n\t(i)\tthe reasons why the applicant is applying to renew the retention licence rather than applying for a mining licence; and\n\t(ii)\tthe activities carried out by the applicant under the licence during its current term; and\n\t(iii)\tthe amount of money spent by the applicant in relation to the blocks covered by the licence during its current term; and\n\t(iv)\tthe results obtained by the applicant from carrying out the activities referred to in subparagraph (ii); and\n\t(v)\tthe activities that the applicant intends to carry out under the licence during the term applied for; and\n\t(vi)\tthe amount of money that the applicant intends to spend in relation to activities authorised by the licence during the term applied for.\n162—Request for further information\n\t(1)\tThe Minister may ask the applicant to provide further information relating to the application.\n163—Payment of fee\n\t(3)\tThe 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.\n164—Section number not used\n165—Provisional renewal of retention licence\n\t(b)\tsubject to section 168, refuse to renew the licence.\n1\tUnder section 155, the renewal of the licence cannot 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).\n2\tUnder section 177, new conditions may be imposed on renewal.\n166—Section number not used\n167—Matters that may be taken into account\nIn determining whether to renew the licence, the Minister may have regard to—\n\t(a)\twhether mining activities are commercially viable in the retention licence area; and\n\t(b)\twhether the applicant has complied with—\n\t(i)\tthis Act; and\n\t(ii)\tthe regulations; and\n\t(iii)\tany licence conditions.\n168—Refusal of application for renewal\n\t(1)\tIf the Minister proposes to refuse to renew the licence, the Minister must give the applicant notice of the proposed refusal.\nThe retention licence remains in force until the application for renewal has been finally determined (ie until the Minister decides whether or not to renew the licence) (see section 156).\n\t(b)\tgive details of the Minister's reasons for the proposal not to renew the licence; and\n\t(c)\tinvite the applicant to make written submissions on the proposed non-renewal to the Minister; and\n\t(d)\tspecify the day by which submissions may be made to the Minister.\n\t(3)\tThe day specified under subsection (2)(d) is to be at least 30 days after the day on which the notice under subsection (1) is given to the applicant.\n\t(4)\tThe Minister, in deciding whether to refuse to renew the licence, must have regard to any submissions made by the applicant in response to the notice under subsection (1).\n169—Applicant must be notified\n\t(1)\tThe Minister must give the applicant written notice of the Minister's decision under section 165.\n\t(2)\tIf the Minister provisionally renews the licence under section 165, the notice must contain the following information—\n\t(c)\tnotification of any determination under section 399 that the applicant must lodge a security or a further security;\n\t(d)\tnotification that the provisional renewal will lapse unless the applicant, before the end of the primary payment period—\n\t(iii)\tpays the fee that must be paid under section 425.\nParagraph (b): section 177 provides for renewals to be granted subject to conditions.\n\t(3)\tThe term specified under subsection (2)(a) is not to exceed 5 years.\n170—Amendment of conditions\n\t(a)\thas been provisionally granted a renewal of the licence under section 165; and\n\t(2)\tThe request must be made within 30 days after the day on which the applicant is given notice under section 169.\n\t(3)\tIf a request is made under subsection (1), the Minister may amend the licence conditions and, with the consent of the holder, any other licence condition.\n171—Amendment of security requirements\n\t(a)\thas been provisionally granted a renewal of the licence under section 165; and\n\t(2)\tThe request must be made within 30 days after the day on which the holder is given notice under section 169.\n172—Extension of primary payment period\n\t(1)\tIf the licence holder makes a request under section 170 or 171, the holder may ask the Minister to extend the primary payment period.\n\t(2)\tThe request must be made within 30 days after the day on which the holder is given notice under section 169.\n\t(3)\tIf the Minister agrees to the request to extend the primary payment period, the Minister must—\n173—Acceptance of renewal of retention licence\n\t(1)\tThe provisional renewal of a retention licence is properly accepted by the licence holder if, before the required time, the holder—\nUnder section 155, the renewal of the licence cannot be effective before it is registered (see section 334 for registration).\n\t(2)\tThe required time under subsection (1) is the end of the primary payment period or, if the licence holder has been granted an extension of the primary payment period under section 172, the end of the secondary payment period.\n174—Conditions applicable to licence on renewal\nIf the provisional renewal is properly accepted under section 173, the renewed licence is subject to—\n\t(a)\tthe conditions specified in the notice given to the licence holder under section 169; or\n\t(b)\tif the Minister amended those conditions under section 170, those conditions as amended.\n175—Lapse of provisional renewal of retention licence\nIf the provisional renewal of a retention licence is not properly accepted under section 173, the provisional renewal lapses.\nDivision 6—Obligations associated with retention licence\n176—General\n\t(1)\tThe sources of obligations associated with a retention licence are—\n\t(b)\tobligations arising from directions under section 387 or section 392 given by the Minister; and\nFor paragraph (a) see section 177. For paragraph (c) see sections 44, 177 to 185, 372 and 391(1).\n\t(2)\tIf a retention licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the licence.\n177—Conditions of retention licence\n\t(1)\tThe Minister may grant or renew a retention licence subject to whatever conditions the Minister thinks appropriate.\n\t(2)\tIf the Minister grants or renews a retention licence subject to conditions, the conditions must be specified in the licence.\n\t(3)\tWithout limiting subsection (1), the Minister may attach the following kinds of conditions to the grant or renewal of a retention licence—\n\t(b)\ta condition requiring the holder to carry out certain activities in or in relation to the licence area during the term of the licence;\n\t(c)\ta condition requiring the holder to spend a specified amount of money in carrying out the activities referred to in paragraph (b);\n\t(d)\ta condition requiring the holder to lodge a security with the Minister;\n\t(e)\ta condition requiring the holder to keep specified information;\n\t(f)\ta condition requiring the holder to give the Minister, on request, specified information;\n\t(g)\ta condition requiring the holder to take steps to protect the environment of the licence area, including conditions relating to—\n\t(ii)\tminimising the effect on the environment of the licence area and the area surrounding the licence area of activities carried out in the licence area;\n\t(h)\ta condition requiring the holder to repair any damage to the environment caused by activities in the licence area;\n\t(i)\ta condition requiring the holder to pay a specified penalty to the State if the holder does not comply with a licence condition.\n\t(4)\tA condition under subsection (3)(d) must specify—\n\t(5)\tWithout 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—\n178—No conditions requiring payment of money\nExcept for a condition requiring the payment of a penalty or lodgment of a security, a licence condition must not require the payment of money to the State.\n179—Variation of conditions\n\t(a)\ta retention licence holder requests the Minister in writing to vary a licence condition; or\n\t(b)\tpart of the licence area of a retention licence is surrendered under section 158,\nto a retention licence holder, the Minister may vary a licence condition to the extent necessary to avoid inconsistency between the licence conditions and the direction, approval, consent or exemption.\n180—Exemption from or suspension of conditions\n\t(a)\ta retention licence holder requests the Minister in writing to—\n\t(b)\tpart of the licence area of a retention licence is surrendered under section 158,\nto a retention licence holder, the Minister may suspend a licence condition, or exempt the holder from compliance with a licence condition, to the extent necessary to avoid inconsistency between the licence conditions and the direction, approval, consent or exemption.\n\t(b)\texempt the licence holder from compliance with a licence condition,\n181—Automatic suspension of conditions if licence rights are suspended\nIf—\n\t(a)\tthe Minister suspends particular rights conferred by a retention licence under section 135; and\n182—Significant changes in circumstances to be reported to Minister\n\t(1)\tA retention licence holder must notify the Minister of any change of circumstances that significantly affects the long term viability of mining activities in the retention licence area.\nThe Minister may cancel the retention licence if the Minister believes that circumstances have changed so that mining activities can now commence (see section 190).\n\t(2)\tSubsection (1) applies to a change of circumstances whether favourable or unfavourable to the long term viability of mining activities in the retention licence area.\n183—Work practices\nA person who is a retention licence holder, or an associate of the holder, in carrying out activities in the licence area that are authorised by the licence, must take all reasonable steps—\n\t(a)\tto ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\n\t(b)\tto maintain in good repair all structures and equipment erected in, or brought into, the licence area by the person; and\n184—Licence holder must keep specified records etc\nA retention licence holder must—\nUnder sections 386 and 387 the Minister may direct a person to keep records and samples and to give records and samples to the Minister, and to make returns.\n185—Licence holder must assist inspectors\nA retention licence holder must provide an inspector with reasonable facilities and assistance so that the inspector is able to carry out compliance inspections.\nDivision 7—Expiry of retention licence\n186—General\nA retention licence expires if—\n\t(c)\ta mining licence is granted over the blocks in the licence area of the retention licence; or\n\t(d)\tthe licence 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.\n187—Voluntary surrender of retention licence\nA retention licence holder may surrender the licence.\n1\tSee Division 4 for voluntary surrender of part of a licence area.\n188—Automatic expiry of retention licence when mining licence takes effect\nIf—\n\t(a)\ta retention licence is in force; and\n\t(b)\ta mining licence over all or some of the blocks in the retention licence area comes into force under section 232,\nthe retention licence expires in relation to the blocks covered by the mining licence.\n189—Cancellation of retention licence, breach of condition etc\n\t(1)\tSubject to subsection (5), the Minister may cancel a retention licence if the licence holder—\n\t(2)\tIf the Minister proposes to cancel a licence under subsection (1), the Minister must give the holder a written notice that informs the holder of the proposed cancellation.\n\t(ii)\tany steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the licence and to prevent any similar breach or contravention from happening again; and\n190—Cancellation of retention licence, mining activities viable\n\t(1)\tIf the Minister believes that mining activities should commence in a retention licence area, the Minister must ask the licence holder to explain to the Minister why the holder should not apply for a mining licence over the retention licence area.\n\t(2)\tA request under subsection (1) must—\n\t(b)\tspecify the day by which the holder is to give the explanation to the Minister.\n\t(3)\tThe day specified under subsection (2)(b) is to be at least 30 days after the day on which the request is given to the holder.\n\t(4)\tAn explanation provided in response to a request under subsection (1) must be in writing.\n\t(5)\tThe Minister may cancel the retention licence if—\n\t(a)\ta request is made under subsection (1); and\n\t(b)\teither—\n\t(i)\tthe holder does not give the Minister an explanation in response to the request by the day specified in the request; or\n\t(ii)\tthe holder gives the Minister an explanation in response to the request but the Minister does not consider the explanation to be satisfactory.\n\t(6)\tIf the Minister cancels a retention licence under subsection (5), the Minister may specify the day on which the cancellation takes effect.\n\t(7)\tWithout limiting subsection (6), the Minister, in determining 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 licence over the retention licence area.\n191—Obligations of former retention licence holders and former associates\n\t(i)\ta retention licence holder; or\n\t(ii)\tan associate of a retention licence holder; and\n\t(3)\tSubsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular manner if the person carries them out.\nPart 2.4—Mining licences\n192—Mining licences\n\t(1)\tThis Part provides for the grant of mining licences over blocks in coastal waters.\n\t(2)\tA mining licence may be granted over—\n\t(a)\ta vacant standard block (see Division 2); or\n\t(b)\tcertain blocks that are not vacant (see Division 2); or\n\t(c)\ta tender block (see Division 3).\n1\tA tender block is a block that has been declared available for tender. A standard block is any other block (see sections 19 and 20).\n2\tA retention or exploration licence holder may apply for a mining licence over the same area or part of the same area.\n193—Activities authorised by a mining licence\n\t(1)\tSubject to subsection (2), a mining licence holder may—\n\t(a)\trecover minerals in the licence area; and\n\t(b)\texplore for minerals in the licence area.\n1\tUnder section 23(1) the concept of exploration extends to activities that are directly related to exploration.\n2\tUnder section 24(1) the concept of recovery extends to activities that are directly related to the recovery of minerals.\n\t(2)\tIf the licence is expressed to restrict the kind of minerals covered by the licence, the holder is not permitted to recover, or to explore for, minerals not covered by the licence.\n\t(3)\tA restriction on the kind of minerals covered by the licence may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).\n\t(4)\tFor the purposes of 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.\n194—Minister may cancel or not renew mining licence without compensation\nNo compensation is payable because of the cancellation or non-renewal of a mining licence by the Minister.\n1\tThe Minister may cancel the licence under section 265.\n2\tThe Minister may refuse under section 242 to renew the licence.\n195—Licence rights may be suspended\n\t(1)\tThe Minister must suspend particular rights conferred by a mining licence if the Minister is satisfied that it is necessary in the public interest to do so.\n\t(a)\tsuspends rights conferred by a mining licence; or\nthe Minister must give the licence holder a written 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 licence.\n196—Compensation for acquisition of property due to suspension of rights\n\t(a)\tthe Minister suspends licence rights under section 195; and\n\t(a)\tthe Minister suspends licence rights under section 195; and\nacquisition of property has the same meaning as it has in section 51(xxxi) of the Commonwealth Constitution.\nDivision 2—Application for and grant of mining licence over standard blocks\n197—Application for mining licence over vacant standard block\n\t(1)\tA person may apply to the Minister for a mining licence over a standard block that is vacant.\n\t(2)\tA standard block is vacant if no exploration, retention or mining licence is in force over the block.\n\t(3)\tThe application must not cover more than 20 blocks.\n\t(4)\tIf the application is for a licence over a group of blocks, the blocks must form a discrete area.\n198—Holder of exploration licence or retention licence may apply for mining licence\n\t(1)\tAn exploration or retention licence holder may apply to the Minister for a mining licence over all or some of the blocks in the licence area of the exploration or retention licence.\n\t(2)\tA person may apply for a mining licence under subsection (1) over a group of blocks only if—\n\t(b)\tthere are not more than 20 blocks in the group.\n\t(3)\tThe holder may apply for 2 or more mining licences over different parts of the licence area of the exploration or retention licence.\n199—How to apply\n\t(1)\tAn application under section 197 or 198 must—\n\t(i)\tthe activities that the applicant intends to carry out on the block or blocks covered by the application; and\n\t(ii)\tthe amount of money that the applicant intends to spend on those activities; and\n\t(iii)\tthe technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the licence; and\n\t(iv)\tthe technical advice available to the applicant; and\n\t(v)\tthe financial resources available to the applicant; and\n\t(vi)\tif the licence is to be held by more than one person, the share of the licence that each prospective holder will hold; and\n200—Effect of inclusion of unavailable block in applications\nIf—\n\t(a)\ta person applies under section 197 or 198 for a licence over a group of blocks; and\n\t(b)\tbecause of section 18, 197 or 198 a mining licence cannot be granted over one or more of the blocks in the group,\nthe Minister may still deal with the application to the extent to which the application covers blocks for which a mining licence can be granted.\nA mining licence cannot be granted over a block that is not vacant or over a reserved block (see section 18).\n201—Payment of fee\n\t(3)\tThe 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.\n202—Application must be advertised\n\t(1)\tThe applicant must advertise the application in a newspaper that circulates throughout the State.\n\t(i)\tthat the applicant has applied for a mining licence over the blocks described in the notice; and\n\t(iii)\tthat requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.\n\t(a)\tas soon as possible after the applicant lodges the application; and\n\t(b)\tin any case, subject to subsection (4), within 14 days after the day on which the applicant lodges the application.\n\t(a)\tthe applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\n203—How multiple applications are dealt with\n\t(1)\tSubject to subsection (2), if a block is covered by 2 or more applications for a mining or exploration licence, the Minister must deal with the applications in the order in which they are made.\nSee also section 58.\n\t(a)\tthe applications are lodged within a particular time of each other; and\n\t(b)\tthe time is less than the time prescribed by the regulations,\nthe Minister must determine the order in which the applications are to be dealt with by drawing lots in the way prescribed by the regulations.\n204—Request for further information\n\t(1)\tThe Minister may ask the applicant for further information relating to the application.\n205—Section number not used\n206—Minister may provisionally grant licence\nIf the applicant does what is required by sections 199 to 204, the Minister may—\n\t(a)\tprovisionally grant a mining licence to the applicant; or\n\t(b)\tsubject to section 208, refuse the application.\nUnder section 232, the grant of the licence cannot 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).\n207—Section number not used\n208—Refusal of application for mining licence made under section 198\n\t(1)\tIf the Minister proposes to refuse an application for a mining licence made under section 198, the Minister must notify the applicant of the proposed refusal.\n\t(b)\tspecify the reason for the proposed refusal; and\n\t(c)\tinvite the applicant to make written submissions in relation to the proposed refusal; and\n\t(d)\tspecify the day by which submissions may be made to the Minister; and\n\t(e)\tspecify an address where submissions are to be lodged.\n\t(3)\tThe day specified under subsection (2)(d) must be not less than 30 days after the day on which the notice is given.\n\t(4)\tThe Minister may refuse to grant an application for a mining licence made under section 198 only if—\n\t(a)\tthe applicant has been given a notice under subsection (1); and\n\t(b)\tthe Minister has considered any submission made by the applicant; and\n\t(c)\tthe Minister is satisfied that no special circumstances exist that justify the licence being granted.\n209—Matters to be specified in the licence\n\t(2)\tThe term specified under subsection (1)(b) is not to exceed 21 years.\n210—Applicant must be notified\n\t(1)\tThe Minister must give the applicant written notice of the Minister's decision under section 206.\n\t(2)\tIf the Minister provisionally grants a mining licence—\n\t(ii)\tnotification that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period—\n\t(B)\tlodges any security required by the Minister under section 399; and\n211—Amendment of conditions\n\t(1)\tIf the provisional holder is dissatisfied with a licence condition, the provisional holder may ask the Minister to amend the condition.\n\t(2)\tThe request must be made within 30 days after the day on which the provisional holder is given the licence under section 210.\n\t(3)\tIf a request is made under subsection (1), the Minister may amend the licence condition and, with the consent of the provisional holder, any other licence condition.\n212—Amendment of security requirements\n\t(2)\tThe request must be made within 30 days after the day on which the applicant is given notice under section 210.\n213—Extension of primary payment period\n\t(1)\tIf 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\t(2)\tThe request must be made within 30 days after the day on which the provisional holder is given notice under section 210.\n214—Acceptance of grant of mining licence for standard block\n\t(1)\tThe provisional grant of the mining licence is properly accepted by the provisional holder if, before the required time, the provisional holder—\nUnder section 232, the grant of the licence cannot be effective before it is registered (see section 333 for registration).\n\t(2)\tThe 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.\n215—Conditions applicable to licence on grant\nIf the provisional grant of the licence is properly accepted under section 214, it is subject to—\n\t(a)\tthe conditions specified in the licence given to the applicant under section 210; or\n\t(b)\tif the Minister amended those conditions under section 211, those conditions as amended.\n216—Lapse of provisional grant of mining licence\nIf the provisional grant of the licence is not properly accepted under section 214, the provisional grant lapses.\nDivision 3—Application for and grant of mining licence over tender block\n217—Matters to be determined before applications for mining licence over tender blocks invited\n\t(1)\tIf the Minister proposes to invite applications for the grant of a mining licence over reserved blocks, the Minister must, before inviting the applications, determine—\n\t(a)\tthe procedure and criteria that the Minister will adopt to allocate the licence; and\n\t(b)\tthe amount of security that will be required for the licence under section 399; and\n\t(c)\tthe initial term of the licence; and\n\t(d)\tthe licence conditions.\n\t(2)\tThe term determined under subsection (1)(c) is not to exceed 21 years.\n218—Minister may invite applications for mining licence over tender blocks\n\t(1)\tSubject to subsection (2), the Minister may invite applications for the grant of a mining licence over reserved blocks.\n\t(2)\tApplications may be invited for a licence covering a group of reserved blocks only if the group forms a discrete area.\n\t(3)\tThe Minister is to invite applications by publishing a tender block licence notice for the licence in the Gazette.\n1\tA mining licence may cover not more than 20 tender blocks (see section 219).\n2\tA mining licence might be made available by a tender 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 licence rather than an exploration licence.\n219—Tender block licence notice—mining licence\n\t(1)\tA tender block licence notice for a mining licence must—\n\t(a)\tspecify the blocks to be covered by the licence; and\n\t(b)\tspecify the period within which applications may be made; and\n\t(c)\tspecify the procedure and criteria that the Minister will adopt to allocate the licence; and\n\t(d)\tspecify the amount of security that the successful applicant will be required to lodge; and\n\t(e)\tspecify the initial term of the licence; and\n\t(f)\tinclude a statement to the effect that information about—\n\t(i)\tthe security that the successful applicant will be required to lodge; and\n\t(ii)\tthe licence conditions,\nmay be obtained from the Minister.\n\t(2)\tWithout limiting subsection (1)(c), the Minister may for the purposes of that paragraph specify that the tender will be determined on the basis of either or both of the following—\n\t(a)\tthe nature and extent of the exploration activity proposed to be carried out;\n\t(b)\tthe amount of money offered for the licence.\n\t(3)\tThe tender block licence notice may specify not more than 20 blocks for the mining licence.\n220—Application for mining licence over tender blocks\nIf a tender block licence notice has been published inviting applications for a mining licence, a person may apply to the Minister for the licence.\n221—How to apply\n\t(c)\tbe made before the end of the period specified in the tender block licence notice; and\n\t(d)\taddress the criteria specified under section 219(1)(c); and\n\t(e)\tinclude details of—\n\t(i)\tthe technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the licence; and\n\t(ii)\tthe technical advice available to the applicant; and\n\t(iii)\tthe financial resources available to the applicant; and\n\t(iv)\tif the licence is to be held by more than one person, the share in the licence that each prospective holder will hold; and\n222—Payment of fee\n\t(3)\tThe 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.\n223—Request for further information\n224—Section number not used\n225—Minister may provisionally grant licence\n\t(1)\tThe Minister may provisionally grant a mining licence to an applicant who has done what is required by sections 221 to 223.\n\t(2)\tWhen provisionally granting a licence under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender block licence notice published for the licence under section 218.\n\t(3)\tIf the Minister refuses to grant a licence under subsection (1) the Minister must give the applicant notice of the refusal.\n226—Section number not used\n227—Successful applicant must be notified\n\t(1)\tIf the Minister provisionally grants a mining licence under section 225 or 231, the Minister must give the provisional holder—\n\t(a)\tthe licence; and\n\t(b)\twritten notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given—\n\t(i)\tgives the Minister a written acceptance of the grant; and\n\t(iii)\tpays the fee that must be paid for the licence under section 425; and\n\t(iv)\tif the tender is determined on the basis of the amounts of money offered for the licence, pays to the Minister the amount that the provisional holder offered for the licence under section 221(1)(d).\n\t(2)\tThe licence must specify—\nFor the term of a licence see section 217(2).\n228—Acceptance of grant of mining licence over tender blocks\nThe provisional grant of a mining licence 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—\n\t(c)\tpays the fee that must be paid for the licence under section 425; and\n\t(d)\tif the tender is determined on the basis of the amounts of money offered for the licence, pays to the Minister the amount that the provisional holder offered for the licence under section 221(1)(d).\nUnder section 232, the grant of the licence cannot be effective before it is registered (see section 333 for registration).\n229—Conditions applicable to licence on grant\nIf the provisional grant of the licence is properly accepted, the licence is subject to the conditions determined under section 217.\n230—Lapse of provisional grant of mining licence\nIf the provisional grant of the licence is not properly accepted under section 228, the provisional grant lapses.\n231—Provisional grant to next applicant if grant lapses\n\t(1)\tIf the provisional grant of the licence lapses under section 230, the Minister may provisionally grant the licence to another of the applicants for the licence.\n\t(2)\tWhen provisionally granting a licence under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender block licence notice published for the licence under section 218.\nDivision 4—Duration of mining licence\n232—Initial term of mining licence\n\t(1)\tA mining licence comes into force on—\n\t(b)\tif a day later than the day on which the grant of the licence is registered is specified in the licence as its commencement day, that specified day.\n\t(2)\tThe initial term of a mining licence ends—\n\t(a)\tif the licence is granted under Division 2, at the end of the period specified in the licence under section 209(1); or\n\t(b)\tif the licence is granted under Division 3, at the end of the period specified under section 227(2).\nThe licence may be surrendered at any time (see section 264).\n\t(3)\tThe period runs from—\n\t(b)\tif a day later than the day on which the licence is provisionally granted is specified in the licence as its commencement day, that specified day.\n233—Term of renewal of licence\n\t(1)\tA renewal of a mining licence comes into force on—\nSee Division 6 for renewal.\n\t(2)\tThe term of a renewal of a licence ends at the end of the period specified in the notice under section 246.\n1\tFor the maximum term of renewal see section 246(3).\n2\tThe licence may be surrendered at any time (see section 264).\n\t(3)\tThe period runs from the day on which the previous term of the licence expires.\n\t(4)\tIn working out the period referred to in subsection (3) section 234 is to be disregarded.\n234—Effect of application for renewal on term of mining licence\nIf—\n\t(a)\ta mining licence holder applies to renew the licence under section 236; and\nDivision 5—Voluntary surrender of part of mining licence area\n235—Voluntary surrender of blocks if discrete area remains\n\t(1)\tA mining licence holder may surrender a block or some of the blocks covered by the licence if the remaining blocks in the licence area form a discrete area.\nSee section 264 for the surrender of the whole licence.\nDivision 6—Application for and grant of renewal of mining licence\n236—Application for renewal of mining licence\nA mining licence holder may apply to the Minister to renew the licence.\nAt each renewal, the licence conditions are reviewed (see section 254).\n237—When application to be made\n\t(1)\tSubject to subsection (2), the application must be made at least 6 months before the day on which the licence is to expire.\n\t(2)\tThe Minister may accept an application that is made later than 6 months before the day on which the licence is to expire if—\n238—How to apply for renewal\n\t(ii)\tthe amount of money spent by the applicant in relation to the blocks covered by the licence during its current term; and\n\t(iv)\tthe amount of money that the applicant intends to spend in relation to activities authorised by the licence during the term applied for.\n239—Request for further information\n\t(1)\tThe Minister may ask the applicant to provide further information relating to the application.\n240—Payment of fee\n\t(3)\tThe 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.\n241—Section number not used\n242—Provisional renewal of mining licence\n\t(b)\tsubject to section 245, refuse to renew the licence.\n1\tUnder section 233, the renewal of the licence cannot 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).\n2\tUnder section 254, new conditions may be imposed on renewal.\n243—Section number not used\n244—Matters that may be taken into account\nIn deciding whether to renew a mining licence, the Minister may have regard to whether the applicant has complied with—\n\t(a)\tthis Act; and\n\t(b)\tthe regulations; and\n\t(c)\tany licence conditions.\n245—Refusal of application for renewal\n\t(1)\tIf the Minister proposes to refuse to renew the licence, the Minister must give the applicant notice of the proposed refusal.\n\t(b)\tspecify the reason for the proposed refusal; and\n\t(c)\tinvite the holder to make written submissions in relation to the proposed refusal; and\n\t(d)\tspecify the day by which submissions may be given to the Minister; and\n\t(e)\tspecify an address where submissions are to be lodged.\n\t(3)\tThe day specified under subsection (2)(d) must be not less than 30 days after the day on which the notice is given.\n\t(4)\tThe Minister may refuse to grant the application only if—\n\t(a)\tthe holder has been given a notice under subsection (1); and\n\t(b)\tthe Minister has considered any submission made by the applicant; and\n\t(c)\tthe Minister is satisfied that no special circumstances exist that justify the renewal being granted.\n246—Applicant must be notified\n\t(1)\tThe Minister must give the applicant written notice of the Minister's decision under section 242.\n\t(2)\tIf the Minister provisionally renews the licence under section 242, the notice must contain the following information—\n\t(c)\tnotification of any determination under section 399 that the applicant must lodge a security or a further security;\n\t(d)\tnotification that the provisional renewal will lapse unless the applicant, before the end of the primary payment period—\n\t(iii)\tpays the fee that must be paid for the renewal under section 425.\nSection 254 provides for renewals to be granted subject to conditions.\n\t(3)\tThe term specified under subsection (2)(a) is not to be more than 21 years.\n247—Amendment of conditions\n\t(a)\thas been provisionally granted a renewal of the licence under section 242; and\n\t(3)\tIf a request is made under subsection (1), the Minister may amend the licence condition and, with the consent of the holder, any other licence condition.\n248—Amendment of security requirements\n\t(a)\thas been provisionally granted a renewal of the licence under section 242; and\n\t(b)\tis notified of a security requirement for the licence; and\n249—Extension of primary payment period\n\t(1)\tIf the licence holder makes a request under section 247 or 248, the holder may ask the Minister to extend the primary payment period.\n250—Acceptance of renewal of mining licence\n\t(1)\tThe provisional renewal of a mining licence is properly accepted by the licence holder if, before the required time, the holder—\nUnder section 233, the renewal of the licence cannot be effective before it is registered (see section 334 for registration).\n\t(2)\tThe 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.\n251—Conditions applicable to licence on renewal\nIf the provisional renewal is properly accepted under section 250, the renewed licence is subject to—\n\t(a)\tthe conditions specified in the notice given to the licence holder under section 246; or\n\t(b)\tif the Minister amended those conditions under section 247, those conditions as amended.\n252—Lapse of provisional renewal of mining licence\nIf the provisional renewal of a mining licence is not properly accepted under section 250, the provisional renewal lapses.\nDivision 7—Obligations associated with mining licence\n253—General\n\t(1)\tThe sources of obligations associated with a mining licence are—\nFor paragraph (a) see sections 254 to 256. For paragraph (c) see sections 44, 259 to 262, 372 and 391(1).\n\t(2)\tIf a mining licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the licence.\n254—Conditions of mining licence\n\t(1)\tThe Minister may grant or renew a mining licence subject to whatever conditions the Minister thinks appropriate.\n\t(2)\tIf the Minister grants or renews a mining licence subject to conditions, the conditions must be specified in the licence.\n\t(3)\tWithout limiting subsection (1), the Minister may attach the following kinds of conditions to the grant or renewal of a mining licence—\n\t(b)\ta condition requiring the holder to carry out certain work in or in relation to the licence area during the term of the licence;\n\t(c)\ta condition requiring the holder to lodge a security with the Minister;\n\t(d)\ta condition requiring the holder to keep specified information;\n\t(e)\ta condition requiring the holder to give to the Minister, on request, specified information;\n\t(f)\ta condition requiring the holder to take steps to protect the environment of the licence area, including conditions relating to—\n\t(ii)\tminimising the effect on the environment of the licence area and the area surrounding the licence area of activities carried out in the licence area;\n\t(g)\ta condition requiring the holder to repair any damage to the environment caused by activities in the licence area;\n\t(h)\ta condition requiring the holder to pay a specified penalty to the State if the holder does not comply with a licence condition.\n\t(4)\tA condition under subsection (3)(c) must specify—\n\t(5)\tWithout 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—\n255—No conditions requiring payment of money\nExcept for a condition requiring the payment of a penalty or lodgment of security, a licence condition must not require the payment of money to the State.\n256—Variation of conditions\n\t(a)\ta mining licence holder requests the Minister in writing to vary a licence condition; or\n\t(b)\tpart of the licence area of a mining licence is surrendered under section 235,\nto a mining licence holder, the Minister may vary a licence condition to the extent necessary to avoid inconsistency between the licence conditions and the direction, approval, consent or exemption.\n257—Exemption from or suspension of conditions\n\t(a)\ta mining licence holder requests the Minister in writing to—\n\t(b)\tpart of the licence area of a mining licence is surrendered under section 235,\nto a mining licence holder, the Minister may suspend a licence condition, or exempt the holder from compliance with a licence condition, to the extent necessary to avoid inconsistency between the licence conditions and the direction, approval, consent or exemption.\n258—Automatic suspension of conditions if licence rights are suspended\nIf—\n\t(a)\tthe Minister suspends particular rights conferred by a mining licence under section 195; and\n259—Work practices\nA person who is a mining licence holder or an associate of the holder, in carrying out activities in the licence area that are authorised by the licence, must take all reasonable steps—\n\t(a)\tto ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\n\t(b)\tto maintain in good repair all structures and equipment erected in, or brought into, the licence area by the person; and\n260—Licence holder must pay royalty\nA mining licence holder must comply with Division 2 of Part 4.4.\n261—Licence holder must keep specified records\nA mining licence holder must—\nUnder section 386 and 387 the Minister may direct a person to keep records and cores, to collect and retain samples, and to make returns.\n262—Licence holder must assist inspectors\nA mining licence holder must provide an inspector with reasonable facilities and assistance so that the inspector is able to carry out compliance inspections.\nDivision 8—Expiry of mining licence\n263—General\nA mining licence expires if—\n\t(c)\tthe licence is cancelled.\nFor paragraph (a) see Division 6. For paragraph (b) see section 264. For paragraph (c) see 265.\n264—Voluntary surrender of mining licence\nA mining licence holder may surrender the licence.\n1\tSee Division 5 for voluntary surrender of part of a licence area.\n265—Cancellation of mining licence\n\t(1)\tSubject to subsection (5), the Minister may cancel a mining licence if the licence holder—\n\t(2)\tIf the Minister proposes to cancel a licence under subsection (1), the Minister must give the licence holder a written notice that informs the holder of the proposed cancellation.\n\t(ii)\tany steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the licence and to prevent any similar breach or contravention from happening again; and\n266—Obligations of former mining licence holders and former associates\n\t(i)\ta mining licence holder; or\n\t(ii)\tan associate of a mining licence holder; and\n\t(3)\tSubsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular manner if the person carries them out.\n\t(a)\ta particular obligation under this section; or\nPart 2.5—Works licences\n267—Works licences\n\t(1)\tThis Part provides for the grant of works licences over blocks in coastal waters.\nA works licence allows licence-related activities to be carried out on blocks that are outside the licence area of the exploration, retention or mining licence concerned.\n\t(2)\tA works licence can only authorise activities that—\n\t(a)\tare directly connected with activities that are carried out, or are to be carried out, under an exploration, retention or mining licence; and\n\t(b)\tare necessary or desirable for the exploration, retention or mining licence holder to—\n\t(i)\teffectively exercise the licence rights; or\n\t(ii)\teffectively perform the licence obligations.\n\t(3)\tA works licence can be granted over a particular block even though the block is a reserved block or is in someone else's licence area.\n\t(4)\tMore than one works licence can be granted over a particular block.\n\t(5)\tA works licence may be granted so as to allow activities that are connected with 2 or more licences.\n268—Activities authorised by a works licence\nA works licence holder may carry out in the licence area the activities that are specified in the licence.\n269—Minister may cancel or not renew works licence without compensation\nNo compensation is payable because of the cancellation or non-renewal of a works licence by the Minister.\n1\tThe Minister may cancel the licence under section 313.\n2\tThe Minister may refuse under section 294 to renew the licence.\nDivision 2—Application for and grant of works licence\n270—Application for works licence\nA person may apply to the Minister for a works licence over a block.\n271—How to apply\n\t(c)\tinclude details of the activities that the applicant proposes to carry out; and\n\t(d)\tbe accompanied by a map that shows the proposed location of the activities; and\n\t(e)\tspecify an address for service of notices under this Act and the regulations.\n272—Payment of fee\n\t(3)\tThe 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.\n273—Applicant to notify licence holders affected by the application\n\t(1)\tThe applicant must notify interested licence holders of the application.\n\t(2)\tThe notification—\n\t(a)\tmust be given to the interested licence holder in writing; and\n\t(b)\tmust give details of the works licence applied for; and\n\t(c)\tmust invite the interested licence holder to give comments to the Minister within 30 days after the day on which the notice is given.\n\t(3)\tFor the purposes of this section, a licence holder is interested if—\n\t(a)\ta block covered by the application is inside the licence area; and\n\t(b)\tthe holder is not the applicant.\n274—Application must be advertised\n\t(b)\ta map and description of the blocks covered that are sufficient for the blocks to be identified; and\n\t(c)\tdetails of the activities that the applicant proposes to carry out; and\n\t(d)\ta map showing the proposed location of those activities; and\n\t(e)\tthe address of the Minister; and\n\t(f)\ta statement—\n\t(i)\tthat the applicant has applied for a works licence over the blocks described in the notice; and\n\t(iii)\tthat requests that comments be sent to the applicant and to the Minister specified in the notice within 30 days of the day on which the advertisement is published.\n\t(a)\tthe applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and\n275—Section number not used\n276—Minister may provisionally grant licence\nIf the applicant does what is required by sections 271 to 274, the Minister may—\n\t(a)\tprovisionally grant a works licence to the applicant; or\nUnder section 286, the grant of the licence cannot 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).\n277—Section number not used\n278—Matters to be specified in the licence\n\t(b)\tthe activities authorised by the licence; and\n\t(c)\tthe area in which the activities are to be carried out; and\n\t(d)\tthe term of the licence; and\n\t(e)\tthe licence conditions.\n\t(2)\tThe term specified under subsection (1)(d) is not to exceed 5 years.\n279—Applicant must be notified\n\t(1)\tThe Minister must give the applicant written notice of a decision under section 276.\n\t(2)\tIf the Minister provisionally grants a works licence—\n\t(ii)\tnotification that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period—\n280—Amendment of conditions\n\t(1)\tIf the provisional holder is dissatisfied with a licence condition, the provisional holder may ask the Minister to amend the condition.\n\t(2)\tThe request must be made within 30 days after the day on which the provisional holder is given the licence under section 279.\n\t(3)\tIf a request is made under subsection (1), the Minister may amend the licence conditions and, with the consent of the provisional holder, any other licence condition.\n281—Amendment of security requirements\n\t(2)\tThe request must be made within 30 days after the day on which the applicant is given notice under section 279.\n282—Extension of primary payment period\n\t(1)\tIf 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\t(2)\tThe request must be made within 30 days after the day on which the provisional holder is given notice under section 279.\n283—Acceptance of grant of works licence\n\t(1)\tThe provisional grant of a works licence is properly accepted by the provisional holder if, before the required time, the provisional holder—\nUnder section 286, the grant of the licence cannot be effective before it is registered (see section 333 for registration).\n\t(2)\tThe 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.\n284—Conditions applicable to works licence on grant\nIf the provisional grant of the licence is properly accepted under section 283, it is subject to—\n\t(a)\tthe conditions specified in the licence given to the applicant under section 279; or\n\t(b)\tif the Minister amended those conditions under section 280, those conditions as amended.\n285—Lapse of provisional grant of works licence\nIf the provisional grant of the licence is not properly accepted under section 283, the provisional grant lapses.\nDivision 3—Duration of works licence\n286—Initial term of works licence\n\t(1)\tA works licence comes into force on—\n\t(b)\tif a day later than the day on which the grant of the licence is registered is specified in the licence as its commencement day, that specified day.\n\t(2)\tThe initial term of a works licence expires at the end of the period specified in the licence under section 278(1).\n1\tFor the maximum initial term see section 278(2).\n2\tThe licence may be surrendered at any time (see section 312).\n\t(3)\tThe period is to run from—\n\t(b)\tif a day later than the day on which the licence is provisionally granted is specified in the licence as the licence's commencement day, that specified day.\n287—Term of renewal of works licence\n\t(1)\tA renewal of a works licence comes into force on—\nSee Division 4 for renewal.\n\t(2)\tThe term of a renewal of a licence expires at the end of the period specified in the notice under section 296.\n1\tFor the maximum term of renewal see section 296(3).\n2\tThe licence may be surrendered at any time (see section 312).\n\t(3)\tThe period runs from the day on which the previous term of the licence expires.\n288—Effect of application for renewal on term of works licence\nIf—\n\t(a)\ta works licence holder applies to renew the licence under section 289; and\n\t(f)\tthe application for renewal is withdrawn or refused,\nwhichever happens first.\nDivision 4—Application for and grant of renewal of works licence\n289—Application for renewal of works licence\nA works licence holder may apply to the Minister to renew the licence.\nAt each renewal, the works licence conditions are reviewed (see section 304).\n290—When application to be made\n\t(1)\tSubject to subsection (2), the application must be made at least 30 days before the day on which the licence is to expire.\n\t(2)\tThe Minister may accept an application that is made later than 30 days before the day on which the works licence is to expire if—\n291—How to apply for renewal\n\t(ii)\tthe amount of money spent by the applicant in relation to the blocks covered by the licence during its current term; and\n\t(iv)\tthe amount of money that the applicant intends to spend in relation to the activities authorised by the licence during the term applied for.\n292—Payment of fee\n\t(3)\tThe 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.\n293—Section number not used\n294—Provisional renewal of works licence\n\t(b)\trefuse to renew the licence.\n1\tUnder section 287, the renewal of the licence cannot 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).\n2\tUnder section 304, new conditions may be imposed on renewal.\n295—Section number not used\n296—Applicant must be notified\n\t(1)\tThe Minister must give the applicant written notice of the Minister's decision under section 294.\n\t(2)\tIf the Minister provisionally renews the works licence under section 294, the notice must contain the following information—\n\t(c)\tnotification that the provisional renewal will lapse unless the applicant, before the end of the primary payment period—\n\t(ii)\tlodges any security required by the Minister under section 399; and\n\t(iii)\tpays the fee that must be paid under section 425.\nParagraph (b): section 304 provides for renewals to be granted subject to conditions.\n\t(3)\tThe term specified under subsection (2)(a) is not to exceed 5 years.\n297—Amendment of conditions\n\t(a)\thas been provisionally granted a renewal of the licence under section 294; and\n\t(c)\tis dissatisfied with a licence condition,\n\t(a)\tbe made within 30 days after the day on which the holder is given notice under section 296; and\n\t(b)\tbe lodged with the Minister.\n\t(3)\tIf a request is made under subsection (1), the Minister may amend the licence condition and, with the consent of the holder, any other licence condition.\n298—Amendment of security requirements\n\t(a)\thas been provisionally granted a renewal of the licence under section 294; and\n\t(c)\tis dissatisfied with the amount of security required,\n\t(2)\tThe request must be made within 30 days after the day on which the holder is given notice under section 296.\n299—Extension of primary payment period\n\t(1)\tIf the licence holder makes a request under section 297 or section 298, the holder may ask the Minister to extend the primary payment period.\n\t(2)\tThe request must be made within 30 days after the day on which the holder is given notice under section 296.\n\t(b)\tgive the holder written notice informing the holder of the period of the extension.\n300—Acceptance of renewal of works licence\n\t(1)\tThe provisional renewal of a works licence is properly accepted by the licence holder if, before the required time, the holder—\nUnder section 287, the renewal of the licence cannot be effective before it is registered (see section 334 for registration).\n\t(2)\tThe 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.\n301—Conditions applicable to works licence on renewal\nIf the provisional renewal is properly accepted under section 300, the renewed licence is subject to—\n\t(a)\tthe conditions specified in the notice given to the licence holder under section 296; or\n\t(b)\tif the Minister amended those conditions under section 297, those conditions as amended.\n302—Lapse of provisional renewal of works licence\nIf the provisional renewal of the licence is not properly accepted under section 300, the provisional renewal lapses.\nDivision 5—Obligations associated with works licence\n303—General\n\t(1)\tThe sources of obligations associated with a works licence are—\nFor paragraph (a) see sections 304 to 306. For paragraph (c) see sections 44, 308 to 310, 372 and 391(1).\n\t(2)\tIf a works licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the licence.\n304—Conditions of works licence\n\t(1)\tThe Minister may grant or renew a works licence subject to whatever conditions the Minister thinks appropriate.\n\t(2)\tIf the Minister grants or renews a works licence subject to conditions, the conditions must be specified in the licence.\n\t(3)\tWithout limiting subsection (1), the Minister may attach the following kinds of conditions to the grant or renewal of a works licence—\n\t(b)\ta condition requiring the holder to carry out certain work in or in relation to the licence area during the term of the licence;\n\t(c)\ta condition requiring the holder to lodge a security with the Minister;\n\t(d)\ta condition requiring the holder to keep specified information;\n\t(e)\ta condition requiring the holder to give the Minister, on request, specified information;\n\t(f)\ta condition requiring the holder to take steps to protect the environment of the licence area, including conditions relating to—\n\t(ii)\tminimising the effect on the environment of the licence area and the area surrounding the licence of activities carried out in the licence area;\n\t(g)\ta condition requiring the holder to repair any damage to the environment caused by activities in the licence area;\n\t(h)\ta condition requiring the holder to pay a specified penalty to the State if the holder does not comply with a licence condition.\n\t(4)\tA condition under subsection (3)(c) must specify—\n\t(5)\tWithout 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—\n305—No conditions requiring payment of money\nExcept for a condition requiring the payment of a penalty or lodgment of a security, a licence condition must not require the payment of money to the State.\n306—Variation of conditions\n\t(1)\tIf a works licence holder requests the Minister in writing to vary a licence condition, the Minister may vary the condition.\nto a works licence holder, the Minister may vary a licence condition to the extent necessary to avoid inconsistency between the licence conditions and the direction, approval, consent or exemption.\n307—Exemption from or suspension of conditions\n\t(1)\tIf a works licence holder requests the Minister in writing to—\n\t(b)\texempt the holder from complying with a licence condition,\nto a works licence holder, the Minister may suspend a licence, condition, or exempt the holder from compliance with a licence condition, to the extent necessary to avoid inconsistency between the licence conditions and the direction, approval, consent or exemption.\n308—Work practices\nA person who is a works licence holder or an associate of the holder, in carrying out activities in the licence area that are authorised by the licence, must take all reasonable steps—\n\t(a)\tto ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and\n\t(b)\tto maintain in good repair all structures, equipment and other property erected in, or brought into, the licence area by the person; and\n309—Licence holder must keep specified records etc\nA works licence holder must—\n\t(a)\tkeep whatever records; and\n\t(b)\tgive whatever records to the Minister for inspection; and\nUnder sections 386 and 387 the Minister may direct a person to keep records and to make returns.\n310—Licence holder must assist inspectors\nA works licence holder must provide an inspector with reasonable facilities and assistance so that the inspector is able to carry out compliance inspections.\nDivision 6—Expiry of works licence\n311—General\nA works licence expires if—\n\t(c)\tthe licence is cancelled.\nFor paragraph (a) see Division 4. For paragraph (b) see section 312. For paragraph (c) see section 313.\n312—Voluntary surrender of works licence\nThe holder of a works licence may surrender the licence.\n313—Cancellation of works licence\n\t(1)\tSubject to subsection (5), the Minister may cancel a works licence if the licence holder—\n\t(2)\tIf the Minister proposes to cancel a works licence under subsection (1), the Minister must give the licence holder a written notice that informs the holder of the proposed cancellation.\n\t(5)\tThe Minister may cancel a works licence only if—\n\t(ii)\tany steps taken by the holder to remedy the circumstances that led to the proposal to cancel the licence and to prevent any similar breach or contravention from happening again; and\n314—Obligations of former works licence holders and former associates\n\t(1)\tSubject to subsection (2), if—\n\t(i)\ta works licence holder; or\n\t(ii)\tan associate of a works licence holder; and\n\t(d)\tthe person was bound by that obligation when the person was the works licence holder or an associate,\n\t(2)\tThe Minister may determine that the person is not subject to—\n\t(3)\tA determination under subsection (2) is to be in writing.\nPart 2.6—Special purpose consents\n315—Special purpose consents\n\t(1)\tA special purpose consent may be granted over—\n\t(a)\ta standard block; or\n\t(b)\ta reserved block; or\n\t(c)\ta tender block.\n\t(2)\tA special purpose consent may be granted over a block even if the block is in the licence area of a licence or the consent area of another special purpose consent.\n\t(3)\tA special purpose consent can only be granted for—\n\t(a)\ta scientific investigation; or\n\t(b)\ta reconnaissance survey; or\n\t(c)\tthe collection of small amounts of minerals.\n\t(4)\tA 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 licence.\n316—Activities authorised by a special purpose consent\n\t(1)\tA special purpose consent holder may—\n\t(a)\texplore for minerals; and\n\t(b)\ttake samples of or recover minerals,\nin the consent area, in accordance with the consent.\n1\tUnder section 23(1) the concept of exploration extends to activities that are directly related to exploration.\n2\tUnder section 24(1) the concept of recovery extends to activities that are directly related to the recovery of minerals.\n\t(2)\tThe grant of a consent does not give the consent holder—\n\t(a)\tany exclusive or proprietary rights over the blocks covered by the consent; or\n\t(b)\tany option or preference when it comes to the grant of a licence over blocks covered by the consent.\n317—Application for a consent\nA person may apply to the Minister for a special purpose consent.\n318—How to apply\n\t(b)\tinclude details of the activities for which consent is being sought; and\n\t(c)\tspecify the blocks for which the consent is being sought.\n\t(2)\tIf the activity involves the collection of only small amounts of minerals (see section 315(3)(c)), the application must also specify—\n\t(a)\tany mineral to be recovered; and\n\t(b)\tthe proposed quantity of any mineral to be recovered.\n319—Payment of fee\n\t(3)\tThe 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.\n320—Applicant must obtain agreement of exploration, retention and mining licence holders affected by the application\n\t(1)\tSubject to subsection (3), the applicant must obtain the agreement of interested licence holders to the application.\n\t(2)\tThe agreement must be in writing.\n\t(3)\tThe agreement of an interested licence holder is not necessary if—\n\t(a)\tthe application is for a scientific investigation; and\n\t(b)\tAustralia has obligations under international conventions to allow the investigation.\n\t(4)\tFor the purposes of this section, a licence holder is interested if—\n\t(a)\tthe holder holds an exploration, retention or mining licence; and\n\t(b)\tthe block concerned is inside the licence area.\n321—Applicant to notify works licence holders affected by the application\n\t(1)\tThe applicant must notify interested works licence holders of the application.\n\t(2)\tThe notification—\n\t(a)\tmust be given to the interested works licence holders in writing; and\n\t(b)\tmust give details of the special purpose consent applied for; and\n\t(c)\tmust 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\t(3)\tFor the purposes of this section, a works licence holder is interested if the block concerned is inside the works licence area.\n322—Section number not used\n323—Minister may grant special purpose consent\nIf the applicant does what is required by sections 318 to section 321, the Minister may—\n\t(a)\tgrant a special purpose consent to the applicant; or\n324—Section number not used\n325—Matters to be specified in the consent\n\t(1)\tThe consent must specify—\n\t(a)\tthe blocks covered by the consent; and\n\t(b)\tthe activities authorised by the consent; and\n\t(c)\tthe period for which the consent is to have effect; and\n\t(d)\tthe consent conditions.\n\t(2)\tIf the activity involves the collection of only small amounts of minerals (see section 315(3)(c)), the consent must also specify—\n\t(a)\tthe minerals to be collected; and\n\t(b)\tthe quantities to be collected.\n\t(3)\tThe period specified under subsection (1)(c) is not to be more than 12 months.\n326—Duration of consent\nA consent has effect for the period specified under section 325(1)(c).\n327—Conditions of consent\n\t(1)\tThe Minister may grant a special purpose consent subject to whatever conditions the Minister thinks are appropriate.\n\t(2)\tWithout limiting subsection (1), the Minister may impose conditions that relate to—\n\t(a)\treports to be provided by the consent holder about activities carried out under the consent; and\n\t(b)\tenvironmental matters.\nChapter 3—Registration and dealings\nPart 3.1—Registration\nDivision 1—Preliminary\n328—Register to be kept\n\t(1)\tThe Minister must keep a register for the purposes of this Part.\nThe main matters entered in the register are—\n\t•\tthe grant or renewal of a licence (see sections 333 and section 334);\n\t•\tdetails of instruments that affect a licence (see section 337);\n\t•\tdetails of instruments that affect an interest in a licence (see sections 338 and section 339);\n\t•\tdetails of interests in a licence that are acquired by devolution (see section 340);\n\t•\tdetails of caveats (see section 345).\n\t(2)\tThe register is to be known as the State Offshore Mining Register.\n329—Document files to be kept\n\t(1)\tThe Minister must keep a document file for the purposes of this Part.\n\t(2)\tIn 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—\n\t•\tcopies of licences (see section 333(6));\n\t•\tcopies of instruments that affect licences (see section 337(4));\n\t•\tcopies of transfers of licences (see section 338(6));\n\t•\tcopies of other dealings in licences (see section 339(4));\n\t•\tcaveats (see section 345(3));\n\t•\twithdrawals of caveats (see section 346(2));\n\t•\tconsents to dealings given under section 350 (see section 350(6));\n\t•\tcopies of court orders (see section 351).\n330—Form of register and document file\n\t(1)\tThe offshore mining register is to be kept in the form and manner determined by the Minister.\n\t(2)\tWithout limiting subsection (1), the offshore mining register may be kept in the form of a computer record.\n\t(3)\tThe document file is to be kept in the form and manner determined by the Minister.\n331—Correction of errors in the register\n\t(1)\tSubject to subsection (4), the Minister may correct the offshore mining register if the Minister is satisfied that—\n\t(a)\tthere is an omission of an entry from the register; or\n\t(b)\tan entry in the register should not have been made; or\n\t(c)\tthere is an error or defect in an entry in the register.\n\t(2)\tA person may apply to the Minister for correction of the offshore mining register under subsection (1).\n\t(3)\tThe application—\n\t(b)\tmust specify the correction that is being requested.\n\t(a)\tthe Minister intends to correct the offshore mining register under subsection (1); and\n\t(b)\tthe correction relates to a licence; and\n\t(c)\tthe correction is not to be made in response to an application under subsection (2) by the licence holder,\nthe Minister must notify the holder that the Minister intends to correct the register.\n\t(5)\tThe notice—\n\t(b)\tmust specify the correction the Minister intends to make; and\n\t(c)\tmust invite the holder to make submissions to the Minister about the proposed correction within the period specified in the notice.\n\t(6)\tThe period specified under subsection (5)(c) is to be at least 14 days after the day on which the notice is given.\n\t(7)\tIf a notice is given under subsection (4)—\n\t(a)\tthe Minister is not to correct the register until the period specified in the notice has ended; and\n\t(b)\tthe Minister is to have regard to any submissions made by the licence holder before the end of that period in exercising the power under subsection (1) to correct the register.\n332—Inspection of register and documents\n\t(1)\tA person may inspect the offshore mining register and the document file if the person pays the fee prescribed by the regulations.\n\t(2)\tThe Minister must make the offshore mining register and the document file available for inspection at all convenient times.\nDivision 2—Matters to be entered in register\nSubdivision A—Licences\n333—Licences\n\t(1)\tIf the provisional grant of a licence is properly accepted, the Minister must register—\n\t(a)\tthe holder's name; and\n\t(b)\tif there is more than one licence holder, the share in the licence held by each holder; and\n\t(c)\ta description of the licence area, including a map or map reference; and\n\t(d)\tthe term of the licence; and\n\t(e)\tthe date of the provisional grant of the licence; and\n\t(f)\tthe date of registration of the licence; and\n\t(g)\tan address for the service of notices under this Act on the licence holder.\n\t(2)\tThe address registered under subsection (1)(g) is to be the address specified by the licence holder by notice in writing to the Minister.\n\t(3)\tIf the holder has not given a notice under subsection (2), the address to be registered under subsection (1)(g) is to be the address specified in the application that the holder made for the licence.\n\t(4)\tIf the Minister registers a licence under subsection (1)—\n\t(b)\tthe Minister must endorse the date of registration on the licence.\n\t(5)\tThe Minister may include in the register any other information about the holder or the terms and conditions of the licence that the Minister thinks is appropriate.\n\t(6)\tThe Minister must keep a copy of the licence.\n\t(7)\tA licence is taken to be registered as soon as an entry complying with subsection (1) is made in the register.\n334—Renewal of licences\n\t(1)\tIf the Minister receives an application for the renewal of a licence, the Minister must register the fact.\n\t(2)\tIf the provisional renewal of a licence is properly accepted, the Minister must register—\n\t(a)\tthe renewal; and\n\t(b)\tthe term of the renewal; and\n\t(c)\tthe date of the provisional renewal; and\n\t(d)\tthe date of registration of the renewal.\n\t(3)\tIf the Minister registers the renewal of a licence under subsection (2)—\n\t(b)\tthe Minister must endorse on the licence—\n\t(i)\tthe term of the renewal; and\n\t(ii)\tthe date of registration of the renewal.\n\t(4)\tIf the Minister refuses to renew a licence, the Minister must register the refusal.\n335—Extension of exploration licences\n\t(1)\tIf the Minister receives an application for the extension of the term of an exploration licence, the Minister must register the fact.\n\t(2)\tIf the Minister refuses to extend the term of an exploration licence, the Minister must register the refusal.\n1\tFor extensions of the term of a licence see sections 94 to 98.\n2\tThe grant of the extension of the term of an exploration licence is registered under section 337(1).\n336—Expiry of licences\n\t(1)\tIf a licence expires because—\n\t(a)\tits term ends; or\n\t(b)\ta retention licence or mining licence is granted to the licence holder,\nthe Minister must register the expiry of the licence.\nCancellation is dealt with under section 337.\n\t(2)\tIn subsection (1)(a) the reference to the term of a licence includes any period during which the licence is in force under section 90, 91, 92 or 93.\n\t(3)\tIf the Minister registers the expiry of a licence under subsection (1)—\n\t(b)\tthe Minister must endorse the expiry and the date of the expiry on the licence.\n337—Variations etc to licences\n\t(1)\tThe Minister must register—\n\t(a)\tthe details of any document under this Act that varies, surrenders, cancels or otherwise affects a licence; and\n\t(b)\tthe details of any document that varies or revokes a document referred to in paragraph (a).\nThe documents referred to in paragraph (a) are—\n\t•\tsuspension of licence rights (see sections 48 (exploration licence), 135 (retention licence) and 195 (mining licence));\n\t•\tamendment of licence conditions between provisional grant and registration (see sections 67 (exploration licence), 148 (retention licence), 211 (mining licence) 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 licence reflecting the change in conditions is not issued to the provisional holder;\n\t•\textension of term (see sections 90, 95 and 97 (exploration licence));\n\t•\tsurrender of the whole or a part of a licence (see sections 99 and 127 (exploration licence), 158 and 187 (retention licence), 235 and 264 (mining licence) and 312 (works licence));\n\t•\tvoluntary surrender—special approval (see section 100 (exploration licence));\n\t•\tmandatory reduction of licence area—special permission (see section 104 (exploration licence));\n\t•\tamendment of licence conditions between provisional renewal and registration (see sections 111 (exploration licence), 170 (retention licence), 247 (mining licence) and 297 (works licence))—these need to be registered at the same time as the renewal because if the licence conditions are amended between provisional renewal and registration a replacement licence reflecting the changed conditions is not issued to the holder;\n\t•\tvariation of conditions (see sections 120 (exploration licence), 179 (retention licence), 256 (mining licence) and 306 (works licence));\n\t•\texemption from or suspension of condition (see sections 121 (exploration licence), 180 (retention licence), 257 (mining licence) and 307 (works licence));\n\t•\tcancellation (see sections 130 (exploration licence), 189 and 190 (retention licence), 265 (mining licence) and 313 (works licence));\n\t•\tdirections (see sections 387 and 392);\n\t•\tsecurity requirements (see section 399);\n\t•\tapprovals of transfers (see section 365).\n\t(2)\tSubsection (1)(a) applies to a document that suspends the rights of a holder of a licence.\n\t(3)\tDetails of a document may be registered by registering a summary of the contents of the document.\n\t(4)\tThe Minister must keep a document referred to in subsection (1), or a copy of the document.\n\t(5)\tA document referred to in subsection (1)—\n\t(a)\thas no effect until it is registered; and\n\t(b)\tis taken to be registered as soon as an entry complying with subsection (1) is made in the register.\n338—Transfer of licences\n\t(1)\tThe Minister must register the transfer of a licence or a share in a licence if—\n\t(a)\ta party to the transfer lodges the instrument of transfer for registration; and\n\t(b)\ta party to the transfer lodges a copy of the instrument of transfer; and\n\t(c)\tthe transfer has been approved by the Minister; and\n\t(d)\tthe licence is lodged with the Minister for annotation under subsection (5); and\n\t(e)\tthe fee prescribed by the regulations is paid; and\n\t(f)\tsection 341 (caveats) does not prevent the registration of the transfer.\nParagraph (c): the Minister's approval is endorsed on the transfer (see section 365(3)).\n\t(2)\tThe Minister must also register the date and time of registration of the transfer.\n\t(3)\tIf an instrument purports to transfer a licence or a share in a licence, the Minister must register the instrument under this section without inquiring into or being concerned as to the legal effectiveness of the instrument.\n\t(4)\tIf an instrument that transfers a licence or a share in a licence is registered, the Minister must register the name of the transferee as a licence holder.\n\t(5)\tIf the Minister registers the transfer of a licence or a share in a licence, the Minister must annotate the licence to show the transferee as a licence holder.\n\t(6)\tThe Minister must—\n\t(a)\tkeep the copy of the transfer;\n\t(b)\treturn the transfer to the person who lodged it; and\n\t(c)\treturn the annotated licence to the person who lodged it.\n\t(7)\tThe registration of a document under this section does not give the document any greater effect than it would have had apart from this Act.\n339—Other dealings in licences\n\t(1)\tThe Minister must register a document (other than a transfer of a licence or a share in a licence) that creates, transfers, affects or otherwise deals with an interest in a licence if—\n\t(a)\ta party to the dealing lodges the document for registration; and\n\t(b)\ta party to the dealing lodges a copy of the document; and\n\t(c)\tthe fee prescribed by the regulations is paid; and\n\t(d)\tsection 341 (caveats) does not prevent the registration of the dealing.\n\t(2)\tThe Minister must also register the date and time of registration of the dealing.\n\t(3)\tIf a document purports to create, transfer, affect or otherwise deal with an interest in a licence, the Minister is to register the document under this section without inquiring into or being concerned as to the legal effectiveness of the document.\n\t(4)\tThe Minister must keep the copy of the document.\n\t(5)\tThe Minister must return the document to the person who lodged it.\n\t(6)\tThe registration of a document under this section does not give the document any greater effect than it would have had apart from this Act.\n340—Devolution of licences\n\t(a)\tthe rights of a licence holder have devolved to a person by operation of law; and\n\t(b)\tthe person applies to the Minister in writing to be registered as a licence holder; and\n\t(c)\tthe licence is lodged with the Minister for annotation under subsection (3); and\n\t(d)\tthe person pays the fee prescribed by the regulations; and\n\t(e)\tthe Minister is satisfied that the applicant is entitled to those rights; and\n\t(f)\tsection 341 (caveats) does not prevent the registration of the person as a licence holder,\nthe Minister must register the person as a licence holder.\n\t(2)\tIf the Minister registers a person as a licence holder under subsection (1), the Minister must also register the date and time of registration.\n\t(3)\tIf the Minister registers a person as a licence holder under subsection (1), the Minister must annotate the licence accordingly.\n\t(4)\tThe Minister must return the annotated licence to the person who lodged it.\n\t(5)\tThis 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.\nSubdivision B—Caveats\n341—Effect of a caveat\n\t(1)\tIf a caveat is in force on a licence, the Minister must not register a dealing in the licence unless—\n\t(a)\tthe Minister is not required to give the caveat holder notice of the particular dealing; or\n\t(b)\tthe caveat holder consents to the registration of the dealing under section 350; or\n\t(c)\ta court of competent jurisdiction orders the Minister to register the dealing under section 338 or 339 despite the caveat.\n1\tFor dealing see section 5.\n2\tOnce 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).\n3\tThe 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\t(2)\tIf a caveat is in force on a licence, the Minister must not register a person under section 340 as a licence holder unless—\n\t(a)\tthe caveat holder consents to the registration under section 350; or\n\t(b)\ta court of competent jurisdiction 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.\n342—Lodgment of caveats\n\t(1)\tA person who claims a legal or equitable interest in or affecting a licence may lodge with the Minister a caveat on the licence.\n\t(2)\tA person may claim a legal or equitable interest in or affecting a licence even if the interest claimed arises under a document that has not been registered under section 338 or 339.\n343—Form of caveat\n\t(1)\tA caveat must—\n\t(a)\tbe in accordance with the form approved by the Minister; and\n\t(b)\tset out—\n\t(i)\tthe full name and address of the person claiming the interest; and\n\t(ii)\tdetails of the interest claimed; and\n\t(c)\tbe signed by the person claiming the interest; and\n\t(d)\tspecify an address for service of notices within the State.\n\t(2)\tA caveat may specify the particular dealings that the caveat holder wants to be given notice of under section 349.\n344—Payment of fee\nThe person lodging a caveat must pay the caveat fee that is prescribed by the regulations.\n345—Caveat to be registered\n\t(a)\ta caveat is lodged for registration; and\n\t(b)\tthe caveat complies with section 343; and\n\t(c)\tthe person lodging the caveat pays the fee required by section 344,\nthe Minister must, subject to subsection (4), register the caveat.\n\t(2)\tThe Minister must register the date and time of lodgment.\n\t(3)\tThe Minister must keep the original of the caveat and endorse on it the date and time of lodgment.\n\t(4)\tSubsection (1) does not apply if—\n\t(a)\tthe Supreme Court has made an order under section 351(2); and\n\t(b)\tthe order requires the Court's consent to the registration of the caveat; and\n\t(c)\tthe Court has not consented to the registration of the caveat.\n346—Withdrawal of caveat\n\t(1)\tA caveat holder may withdraw the caveat at any time by lodging a written withdrawal with the Minister.\n\t(2)\tThe Minister must—\n\t(a)\tregister details of the withdrawal; and\n\t(b)\tendorse details of the withdrawal on the original of the caveat; and\n\t(c)\tkeep the original of the withdrawal.\n347—Form of withdrawal\nA withdrawal of a caveat must—\n\t(a)\tbe in accordance with the approved form; and\n\t(b)\tgive details of the caveat; and\n\t(c)\tbe signed by the caveat holder.\n348—Duration of caveat\n\t(1)\tA caveat that is registered is taken to have had effect from the time at which it is lodged with the Minister.\n\t(2)\tA caveat on a licence ceases to have effect if—\n\t(a)\tthe Supreme Court makes an order for the removal of the caveat under section 351; or\n\t(b)\tthe caveat is withdrawn under section 346; or\n\t(c)\tthe 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\t(3)\tSubsection (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\t(4)\tSubsection (2)(c) does not apply if, before the end of the 30 days—\n\t(a)\tthe caveat holder applies to the Supreme Court for an order under section 351 that the caveat be extended beyond the period; and\n\t(b)\tthe Court makes an order extending the period.\n\t(5)\tIf the Court makes an order under section 351(1)(c), the caveat ceases to have effect at the end of the extended period.\n\t(6)\tSubsection (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.\n349—Notice to caveat holder\n\t(a)\ta transfer of a licence or a share in a licence is lodged with the Minister under section 338; and\nthe Minister must, subject to subsection (6), notify the caveat holder that the transfer has been lodged for registration.\n\t(a)\ta dealing in a licence (other than a transfer of the licence or a share in the licence) is lodged with the Minister under section 339; and\nthe Minister must, subject to subsection (6), notify the caveat holder that the dealing has been lodged for registration.\n\t(a)\ta person applies to the Minister under section 340 to be registered as a licence holder; and\nthe Minister must notify the caveat holder that the application has been made.\n\t(a)\ta licence holder surrenders the licence or surrenders a block or some of the blocks covered by the licence; and\nthe Minister must notify the caveat holder of the surrender.\n\t(5)\tNotification under subsection (1), (2), (3) or (4) must be by certified mail.\n\t(6)\tNotice is not to be given under subsection (1) or (2) if—\n\t(a)\tthe caveat holder is a party to the transfer or dealing concerned; or\n\t(b)\tthe caveat holder has specified the class of dealings the caveat holder wants to receive notice of (see section 343(2)) and the transfer or dealing falls outside that class.\n350—Caveat holder may consent to registration\n\t(1)\tIf a caveat holder is given notice under section 349(1), the caveat holder may consent to the registration of the transfer.\n\t(2)\tIf a caveat holder is given notice under section 349(2), the caveat holder may consent to the registration of the dealing.\n\t(3)\tIf a caveat holder is given notice under section 349(3), the caveat holder may consent to the registration of the person as a licence holder.\n\t(4)\tA consent under this section must be in writing and must be lodged with the Minister.\n\t(5)\tA 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\t(6)\tThe Minister must—\n\t(a)\tregister details of the consent; and\n\t(b)\tendorse details of the consent on the original of the caveat; and\n\t(c)\tkeep the original of the consent.\n351—Orders that can be made by Supreme Court in relation to caveats\n\t(1)\tThe Supreme Court may—\n\t(a)\torder the removal of a caveat from a licence; or\n\t(b)\torder the Minister to register a dealing despite a caveat; or\n\t(c)\textend the period provided for by section 348(2)(c).\n\t(a)\tthe Court makes an order under subsection (1)(a) or (b) in relation to the licence; and\n\t(b)\tthe 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 is not to register any caveats in respect of the licence unless the Court has consented to the registration.\n\t(3)\tAn order under subsection (2) may be for an indefinite period or for a specified period.\n\t(4)\tAn order under subsection (2) may provide that the Court's consent is not required in any specified case or class of case.\n\t(5)\tIf an application is made to the Court for an order under subsection (2), the Minister becomes a party to the proceedings.\n\t(6)\tIf the Court makes an order under this section, the Minister must—\n\t(a)\tregister details of the order; and\n\t(b)\tkeep a copy of the order.\nDivision 3—Miscellaneous\n352—Section number not used\n352A—Section number not used\n353—Protection from legal actions\n\t(1)\tThis section applies to—\n\t(b)\ta delegate of the Minister; and\n\t(c)\ta person acting under the direction or authority of the Minister or a delegate of the Minister.\n\t(2)\tA person to whom this section applies is not liable to an action, suit or proceeding in relation to an act or matter if—\n\t(a)\tthe 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\t(b)\tthe act or matter is done or omitted to be done in good faith.\n354—Application to Supreme Court for correction of register\n\t(1)\tThe Supreme Court, on the application of a person aggrieved by—\n\t(a)\tthe omission of an entry from the offshore mining register; or\n\t(b)\tan entry wrongly existing in the register; or\n\t(c)\tan error or defect in an entry in the register,\nmay make any order it thinks appropriate directing correction of the register.\n\t(2)\tIn any proceedings under subsection (1), the Supreme Court may decide any necessary or expedient question concerning the rectification of the register.\n\t(3)\tA copy of a Supreme Court order may be served on the Minister.\n\t(4)\tIn any proceedings under subsection (1)—\n\t(a)\tthe Minister may appear; or\n\t(b)\tif the Supreme Court so directs, the Minister must appear.\n\t(5)\tIf 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.\n355—Section number not used\n356—Section number not used\n357—Evidentiary value of register\n\t(1)\tThe offshore mining register is admissible in proceedings as evidence of the matters registered in it.\n\t(2)\tIf 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\t(3)\tThe document issued under subsection (2) is admissible in proceedings as evidence of the matter.\n\t(4)\tThe Minister may give a person a certified copy of, or extract from, the register if the person pays the fee prescribed by the regulations.\n\t(5)\tThe certified copy is admissible in proceedings without any further proof of, or the production of, the original.\n358—Certified copy of document on document file\n\t(1)\tThe 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 by the regulations.\n\t(2)\tThe certified copy is admissible in proceedings without any further proof of, or the production of, the original.\n359—Certification of registration action\n\t(1)\tThe Minister may give a person a signed certificate that—\n\t(a)\ta thing required or allowed by this Part has been done; or\n\t(b)\ta thing required or allowed by this Part has not been done,\nif the person pays the fee prescribed by the regulations.\n\t(2)\tThe certificate is admissible in proceedings as evidence of the facts stated in the certificate.\n","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"2—Dealings in licences","content":"Part 3.2—Dealings in licences\n","sortOrder":14},{"sectionNumber":"Div 1","sectionType":"division","heading":"Dealings in licences to be in writing and registered","content":"Division 1—Dealings in licences to be in writing and registered\n360—Dealings in licences to be in writing\n\t(1)\tAn interest in a licence 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.\n\t(2)\tSubsection (1) does not apply to the rights of a licence holder that devolve to a person by operation of law.\n1\tRights might devolve to a person, for example, by operation of the laws relating to intestacy or bankruptcy.\n2\tFor the registration of rights that devolve to a person by operation of law see section 340.\n361—Dealings in interests in licences not effective until registered\nA document that creates, transfers, affects or otherwise deals with an interest in a licence has no effect until it is registered under Part 3.1.\n1\tA transfer is a dealing and does not take effect until registered.\n2\tTransfers are registered under section 338 and other dealings under section 339.\nDivision 2—Approval of transfer of licences\n362—Transfers require approval by Minister\n\t(1)\tThe transfer of a licence is not to be registered under section 338 unless it has been approved by the Minister.\n1\tFor transfer of a licence see section 7(1).\n2\tA transfer is a dealing and under section 361 does not take effect until registered.\n\t(2)\tThe transfer of a share in a licence is not to be registered under section 338 unless it has been approved by the Minister.\n1\tFor transfer in a share of a licence see section 7(2) and (3).\n2\tA transfer is a dealing and under section 361 does not take effect until registered.\n363—Application for approval of transfer\n\t(1)\tA person may apply to the Minister for approval of the transfer.\n\t(2)\tThe application must be in writing.\n\t(3)\tThe application must be accompanied by—\n\t(a)\tthe transfer document (duly signed or executed); and\n\t(b)\ta copy of the transfer document; and\n\t(c)\tif a caveat holder has consented to the registration of the transfer under section 350(1), a copy of the consent.\n\t(4)\tThe 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\t(5)\tWithout limiting subsection (4), the application may include a statement about—\n\t(a)\tthe technical qualifications of a party to the transfer; or\n\t(b)\tthe technical qualifications of the employees of a party to the transfer; or\n\t(c)\tthe technical advice available to a party to the transfer; or\n\t(d)\tthe financial resources of a party to the transfer.\n\t(6)\tThe application must be accompanied by the fee prescribed by the regulations.\n364—Minister may ask for further information\n\t(a)\tan application is made under section 363 for approval of a transfer; and\n\t(b)\tthe Minister has reason to believe that a person possesses or controls a document that relates to—\n\t(i)\tthe transfer document; or\n\t(ii)\tthe transfer transaction; or\n\t(iii)\tthe application for approval of the transfer,\nthe Minister may ask the person—\n\t(c)\tto give the document to the Minister; or\n\t(d)\tto make the document available for inspection by or on behalf of the Minister.\n\t(2)\tThe request under subsection (1) must be made by giving to the person a written notice containing the request.\n\t(3)\tA person must not fail to comply with a request under subsection (1) without reasonable excuse.\n365—Minister's response to application for approval\n\t(1)\tIf an application is made under section 363, the Minister may—\n\t(a)\tapprove the transfer; or\n\t(b)\trefuse to approve the transfer.\n\t(2)\tThe Minister may, under subsection (1)(a), approve the transfer on conditions that the Minister considers necessary or desirable in the public interest.\n\t(3)\tIf the Minister approves the transfer, the Minister must endorse on—\n\t(a)\tthe transfer document; and\n\t(b)\ta copy of the transfer document,\na record of the approval.\nA record of the approval will also be entered in the offshore mining register (see section 338(1)).\n366—Protection from legal actions\n\t(1)\tThis section applies to—\n\t(b)\ta delegate of the Minister; and\n\t(c)\ta person acting under the direction or authority of the Minister or a delegate of the Minister.\n\t(2)\tA person to whom this section applies is not liable to an action, suit or proceeding in relation to an act or matter if—\n\t(a)\tthe 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\t(b)\tthe act or matter is done or omitted to be done in good faith.\n","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Administration","content":"Chapter 4—Administration\nPart 4.1—Information management\n367—Minister may ask person for information\n\t(1)\tThe Minister may ask a person to give the Minister information if—\n\t(a)\tthe information is relevant to the operation of this Act; and\n\t(b)\tthe Minister has reasonable grounds for believing that the person is able to give the information.\n\t(2)\tThe Minister may ask the person to give the information to—\n\t(3)\tThe request must—\n\t(a)\tbe made by written notice given to the person; and\n\t(b)\tspecify the person to whom the information is to be given; and\n\t(c)\tspecify the period within which the information is to be given.\n\t(4)\tThe information must be given—\n\t(b)\tbefore the end of the period specified in the request.\n\t(5)\tThe document containing the information must be signed by—\n\t(a)\tif the information is given by a body corporate, an authorised officer of the body corporate; or\n\t(b)\tif the information is provided by an individual, the individual.\n368—Power to ask person to appear\n\t(1)\tIf 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—\n\t(a)\tgive the information; and\n\t(b)\tanswer questions about the activity to which the information relates.\n\t(2)\tThe Minister may ask a person to appear before—\n\t(3)\tThe request must—\n\t(a)\tbe made by written notice given to the person; and\n\t(b)\tspecify the activity about which the information is sought or questions will be asked; and\n\t(c)\tspecify the address at which the person is to attend; and\n\t(d)\tspecify the day on which and the time at which the person is to attend; and\n\t(e)\tindicate whether the appearance is to be before the Minister or before a nominated inspector.\n369—Power to examine on oath or affirmation\n\t(1)\tWhere, following a notice under section 368, a person appears before the Minister or a nominated inspector, the Minister or the inspector may—\n\t(a)\tadminister an oath or affirmation to the person; and\n\t(b)\trequest the person to answer any question that comes within the terms of the notice.\n\t(2)\tThe 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.\n370—Minister may ask for documents\n\t(1)\tThe Minister may ask a person to produce a document if—\n\t(a)\tthe document is relevant to the operation of this Act; and\n\t(b)\tthe Minister has reasonable grounds for believing that the person is able to produce the document.\n\t(2)\tThe Minister may ask the person to produce the document to—\n\t(3)\tThe request—\n\t(a)\tmust be made by written notice given to the person; and\n\t(b)\tmust specify the person to whom, and the address at which, the document is to be produced; and\n\t(c)\tmust specify—\n\t(i)\tthe period within which the document is to be produced; or\n\t(ii)\tthe day on which and the time at which the document is to be produced; and\n\t(d)\tmay specify whether the original or a copy of the document is to be produced.\n\t(4)\tThe regulations may provide for the manner in which the Minister is to deal with the document.\n\t(5)\tWithout limiting subsection (4), the regulations may authorise the Minister or inspector to take a copy of the document.\n371—Minister may ask for samples\n\t(1)\tThe Minister may ask a person to produce a sample taken from the seabed or subsoil in coastal waters if—\n\t(a)\tthe sample is relevant to the operation of this Act; and\n\t(b)\tthe Minister has reasonable grounds for believing that the person is able to produce the sample.\n\t(2)\tThe Minister may ask the person to give the sample to—\n\t(3)\tThe request—\n\t(a)\tmust be made by written notice given to the person; and\n\t(b)\tmust specify the person to whom, and the address at which, the sample is to be given; and\n\t(c)\tmust specify—\n\t(i)\tthe period within which the sample is to be given; or\n\t(ii)\tthe day on which and the time at which the sample is to be given.\n\t(4)\tThe regulations may provide for the manner in which the Minister or inspector is to deal with the sample.\n\t(5)\tWithout limiting subsection (4), the regulations may authorise the Minister or inspector to test or analyse the sample.\n372—Obligation to comply with request under section 367, 368, 369, 370 or 371\n\t(1)\tA person must not, without reasonable excuse, fail to comply with a request under section 367, 368, 369, 370 or 371.\n\t(2)\tA 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.\n\t(3)\tA person must not give false or misleading information—\n\t(a)\tin response to a request under section 367, 368, 370 or 371; or\n\t(b)\tin response to a question asked under section 369(1).\n373—Immunity from use of information etc given in response to request under section 367, 368, 369, 370 or 371\n\t(1)\tWhere 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 proceedings—\n\t(a)\tthe document containing the information given in response to the request;\n\t(b)\tthe answer to the question; or\n\t(c)\tany information, document or thing obtained as a direct or indirect consequence of the giving of the information or answer.\n\t(2)\tIf 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 proceedings—\n\t(a)\tthe document;\n\t(b)\tthe fact of the production of the document by the person;\n\t(c)\tany information, document or thing obtained as a direct or indirect consequence of the production of the document.\n\t(3)\tIf 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 proceedings—\n\t(a)\tthe sample;\n\t(b)\tthe fact of the production of the sample by the person;\n\t(c)\tany information, document or thing obtained as a direct or indirect consequence of the production of the sample.\n\t(4)\tThe immunity provided by subsections (1), (2) and (3) does not apply to proceedings for an offence against section 372(3).\n374—Restrictions on release of confidential material\n\t(1)\tSubject to sections 375 and 376, if the Minister holds confidential information—\n\t(b)\ta Commonwealth or State Minister who is given the information under section 375; and\n\t(c)\ta person acting on behalf of the Minister or of a Minister referred to in paragraph (b); and\n\t(d)\ta person who is given the information under section 375(3),\nmust not—\n\t(e)\tpublish the information; or\n\t(f)\tmake the information available to a person.\nMaximum penalty: Imprisonment for two years.\n\t(2)\tSubject to section 375, if the Minister holds a confidential sample—\n\t(b)\ta Commonwealth or State Minister who is given access to the sample under section 375; and\n\t(c)\ta person acting on behalf of the Minister or of a Minister referred to in paragraph (b); and\n\t(d)\ta person who is given access to the sample under section 375(4),\nmust not—\n\t(e)\tallow a person to inspect the sample; or\n\t(f)\tpublish information about the sample.\nMaximum penalty: Imprisonment for two years.\n375—Circumstances in which confidential material may be released\n\t(a)\ta licence holder gives confidential information to the Minister; and\n\t(b)\tthe holder—\n\t(i)\tmakes the information publicly available; or\n\t(ii)\tconsents in writing to the information being made publicly available,\nthe Minister, or another State Minister or a Commonwealth Minister who is given access to the information, may make the information available to any person.\n\t(a)\ta licence holder gives a confidential sample to the Minister; and\n\t(b)\tthe holder—\n\t(i)\tpublishes details of the sample; or\n\t(ii)\tconsents in writing to the details being made publicly available; or\n\t(iii)\tconsents in writing to the sample being made available for public inspection,\nthe Minister, or another State Minister or a Commonwealth Minister who is given access to the sample, may—\n\t(c)\tmake details of the sample available to any person; or\n\t(d)\tallow any person to inspect the sample.\nFor confidential information and confidential sample see sections 27 and 28.\n\t(3)\tConfidential information may be made available to a person if the information is made available for the purposes of the administration of this Act or the Stamp Duties Act 1923.\n\t(4)\tA person may be given access to a confidential sample if the access is given for the purposes of the administration of this Act or the Stamp Duties Act 1923.\n376—Certain reports to be made available\nIf—\n\t(a)\tin order to comply with—\n\t(i)\tthe regulations; or\n\t(ii)\ta direction under section 387 or 392; or\n\t(iii)\ta licence condition,\na licence holder gives the Minister a report; and\n\t(b)\tthe report relates to blocks that are no longer covered by the licence or by a successor licence to the licence; and\n\t(c)\tanother person requests the Minister to make the report available to the person,\nthe Minister must make the report available to the person.\nPart 4.2—Monitoring and enforcement\nDivision 1—Inspections\n377—Compliance inspections\nFor the purposes of this Act, a compliance inspection is an inspection carried out to determine whether—\n\t(a)\ta licence holder, a special purpose consent holder or an associate has complied with or is complying with—\n\t(i)\tthis Act or the regulations; or\n\t(ii)\tthe licence or consent conditions; or\n\t(iii)\ta direction under section 387 or 392; or\n\t(b)\ta person is exploring for or recovering minerals in breach of section 38.\nAn inspector may carry out a compliance inspection under—\n\t•\tsection 379 (inspection of licence-related premises etc without a warrant);\n\t•\tsection 380 (inspection of other premises etc with consent of the occupier);\n\t•\tsection 381 (inspection of premises etc with a warrant).\n378—Powers exercisable in course of inspection\n\t(1)\tIf an inspector may carry out a compliance inspection, the inspector may do anything that is reasonable and necessary to carry out the inspection.\n\t(2)\tWithout limiting subsection (1), the inspector may—\n\t(a)\texamine 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\t(b)\ttest equipment (for example, by operating it); and\n\t(c)\texamine, and copy, documents; and\n\t(d)\tremove documents; and\n\t(e)\ttake photographs and videotapes; and\n\t(f)\texamine, and take samples from the seabed or subsoil; and\n\t(g)\tenter or go onto any land, building or structure; and\n\t(h)\tenter or board any vehicle, vessel or aircraft.\n\t(3)\tIf 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\t(4)\tSubject 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 determine whether the licence holder, the consent holder or the associate has complied with or is complying with—\n\t(a)\tthis Act and the regulations; or\n\t(b)\tthe licence or consent conditions; or\n\t(c)\ta direction under section 387 or 392.\n\t(5)\tSubject to subsection (6), the inspector must not retain the document for more than 60 days.\n\t(6)\tIf—\n\t(a)\tproceedings for an offence against a provision of this Act or the regulations are commenced within that period of 60 days; and\n\t(b)\tthe document may afford evidence of the commission of the offence,\nthe inspector may retain the document until the proceedings are completed.\n\t(7)\tFor the purposes of subsection (6) the proceedings for an offence are taken to include any appeal to a court in relation to those proceedings.\n\t(8)\tWhile 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.\n379—Inspection of licence-related premises etc without warrant\n\t(1)\tSubject to subsections (2), (3) and (4), an inspector may, without a warrant, carry out a compliance inspection of—\n\t(a)\tlicence-related land; or\n\t(b)\ta licence-related building, structure, vehicle, vessel or aircraft,\nif the inspection is reasonably necessary.\n\t(2)\tAn inspection under subsection (1) must be made at a reasonable time.\n\t(3)\tAn inspector may not enter premises under subsection (1) if—\n\t(a)\tthe premises are a residence; and\n\t(b)\tthe occupier has not consented to the entry.\n\t(4)\tAn inspector may not carry out a compliance inspection under subsection (1) if—\n\t(a)\tthe 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\t(b)\tthe inspector does not comply with the person's request.\n\t(5)\tFor the purposes of this section, land or a building, structure, vehicle, vessel or aircraft is licence-related if—\n\t(a)\tit is used in connection with activities carried out under a licence or special purpose consent; or\n\t(b)\trecords about activities of that kind are kept there.\n380—Inspection of other premises etc with occupier's consent\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.\n381—Inspection of other premises etc with warrant\nAn inspector may carry out a compliance inspection in accordance with a warrant issued under section 382.\n382—Procedure for obtaining warrant\n\t(1)\tAn 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\t(2)\tThe 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\t(3)\tIf 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\t(4)\tThe warrant must state—\n\t(a)\tthe name of the inspector; and\n\t(b)\twhether the inspection may be carried out at any time or only during specified hours of the day; and\n\t(c)\tthe day on which the warrant ceases to have effect; and\n\t(d)\tthe purposes for which the warrant is issued.\n\t(5)\tThe day specified under subsection (4)(c) is not to be more than 7 days after the day on which the warrant is issued.\n\t(6)\tThe purposes specified under subsection (4)(d) must include the identification of—\n\t(a)\tthe land, building, structure, vehicle, vessel or aircraft to be inspected; and\n\t(b)\tany equipment that the inspector may test; and\n\t(c)\tany documents that the inspector may examine and copy; and\n\t(d)\tany cores or cuttings from the seabed or subsoil that the inspector may examine and take samples of.\n383—Further provisions as to exercise of powers under warrant\n\t(1)\tIf a warrant for a compliance inspection is issued to an inspector under section 382, the warrant authorises the inspector to carry out the inspection—\n\t(a)\twith such assistance as is reasonable and necessary; and\n\t(b)\tby such force as is reasonable and necessary.\n\t(2)\tAn inspector may not carry out a compliance inspection under a warrant if—\n\t(a)\tthe 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\t(b)\tthe inspector does not comply with the person's request.\n384—Occupier to cooperate with inspector\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 assistance that the inspector reasonably requires for carrying out the inspection.\nDivision 2—Directions\n385—Directions by Minister must be obeyed\n\t(1)\tA person must comply with a direction under section 387 or 392.\n\t(2)\tA person must comply with a supplementary direction given under section 391(2).\n386—Scope of directions\n\t(1)\tThe 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\t(2)\tWithout limiting subsection (1), directions may be given in relation to—\n\t(a)\tthe control of offshore exploration or mining activities; and\n\t(b)\tthe conservation and protection of the mineral resources in coastal waters; and\n\t(c)\tthe remedying of—\n\t(i)\tdamage caused to the seabed or subsoil in coastal waters by offshore exploration or mining activities; or\n\t(ii)\tdamage caused by the escape of substances as a result of offshore exploration or mining activities; and\n\t(d)\tthe protection of the environment; and\n\t(e)\tthe keeping of records and samples; and\n\t(f)\tthe giving of records and samples to the Minister for inspection; and\n\t(g)\tthe making of returns.\n\t(3)\tFor the purposes of subsection (2), the control of offshore exploration or mining activities extends to the control of—\n\t(a)\tthe construction, maintenance and operation of installations used in or for use in exploration or mining activities in coastal waters; and\n\t(b)\tthe flow or discharge of fluids arising from exploration or mining activities in coastal waters; and\n\t(c)\tthe safety, health and welfare of persons working in offshore exploration or mining activities; and\n\t(d)\tthe maintenance of structures, equipment and property used in or for use in offshore exploration or mining activities.\n387—Minister may give directions\n\t(1)\tSubject to subsections (2), (3) and (4), the Minister may direct a licence holder or special purpose consent holder to do or not to do the thing specified in the direction.\n\t(2)\tThe direction must be in writing and is given by serving it on the holder.\n\t(3)\tThe Minister must not give a direction of a permanent or standing nature except after consultation with the responsible Commonwealth Minister.\n\t(4)\tA failure to comply with subsection (3) does not affect the validity of the direction concerned.\n388—Direction may incorporate material in another document\n\t(1)\tA direction under section 387 may apply, adopt or incorporate a code of practice or a standard that is contained in another document.\n\t(2)\tThe application, adoption or incorporation of the other document may be made with or without modification.\n\t(3)\tThe other document may be one issued outside Australia.\n\t(4)\tThe direction may apply, adopt or modify the other document—\n\t(a)\tas in force at the time when the direction is given; or\n\t(b)\tas in force from time to time.\n\t(5)\tIf 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 licence holder or special purpose consent holder.\n389—Direction may impose absolute prohibition\nWithout limiting section 387 a direction under that section may—\n\t(a)\tprohibit absolutely the doing of a thing; or\n\t(b)\tprohibit the doing of a thing unless a person's consent or approval is obtained.\n390—Direction may extend to associates\n\t(1)\tA direction under section 387 to a licence holder or special purpose consent holder may extend to an associate specified in the direction.\n\t(2)\tAn associate may be specified by name or by class.\n\t(3)\tThe direction may provide that only particular obligations specified in the direction extend to a particular associate.\n391—Holder to give notice of direction to associates\n\t(1)\tIf a direction under section 387 extends to an associate, the licence holder or special purpose consent holder must either—\n\t(a)\tgive a copy of the direction to the associate; or\n\t(b)\tdisplay a copy of the direction at a place that the associate goes to in the course of carrying out activities under the licence or consent.\n\t(2)\tThe Minister may give the licence holder or special purpose consent holder a supplementary direction that specifies the manner in which, or the places at which, copies of a direction are to be displayed under subsection (1)(b).\n\t(3)\tA supplementary direction is to have effect as if it were part of the original direction.\n392—Power to give directions after licence etc ends\n\t(1)\tIf 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\t(2)\tA direction may be given only for the following purposes—\n\t(a)\tto ensure that the obligation is complied with;\n\t(b)\ta 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 licence holder or associate after the licence ends.\n\t(3)\tA direction must be in writing and is given by serving it on the person bound by the obligation.\n393—Effect of directions on other instruments\n\t(1)\tA later direction under section 387 or 392 overrides an earlier direction if they are inconsistent.\n\t(2)\tA direction has effect despite anything in—\n\t(a)\tthe regulations; or\n\t(b)\ta licence condition that relates to safety or environmental matters.\n394—Minister may specify time for compliance\n\t(1)\tIf the Minister gives a direction under section 387 or 392 to a person, the Minister may—\n\t(a)\tspecify in the direction a time for compliance with the direction; or\n\t(b)\tgive the person a supplementary direction specifying a time for compliance with the direction.\n\t(2)\tA supplementary direction is to have effect as if it were part of the original direction.\n395—Minister may take action if holder fails to comply\n\t(1)\tThe Minister may do all or any of the things required by a direction under section 387 or 392 if—\n\t(a)\tthe time for compliance specified under section 394 has ended; and\n\t(b)\tthe person to whom the direction was given or to whom it extended has not complied with the direction.\n\t(2)\tIf the direction required consultation under section 387(3), the Minister must not take action under subsection (1) without similar consultation.\n396—Costs incurred by Minister in taking action under section 395\n\t(a)\tthe Minister takes action under section 395 in relation to a direction under section 387 given to a licence holder or special purpose consent holder; and\n\t(b)\tthe 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.\n\t(a)\ta direction under section 387 specifies that a particular associate of a licence holder or special purpose consent holder is subject to a particular obligation; and\n\t(b)\tthe 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.\n\t(3)\tThe associate and the holder are jointly and severally liable to pay the debt arising under subsection (2).\n\t(4)\tA debt under this section is recoverable in a court of competent jurisdiction.\n397—Defences to actions to recover debts\n\t(1)\tIt is a defence to an action to recover the debt from the licence holder, special purpose consent holder or the associate if—\n\t(a)\tthe holder or associate produces evidence that the holder or associate took all reasonable steps to comply with the direction; and\n\t(b)\tthe evidence is not rebutted.\n\t(2)\tIt is a defence to an action to recover the debt from the associate if—\n\t(a)\tthe 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\t(b)\tthe evidence is not rebutted.\nDivision 3—Securities\n398—Securities\n\t(1)\tA person may be required to lodge a security with the Minister under—\n\t(a)\tsection 399 (security as prerequisite for proper acceptance of provisional grant or provisional renewal); or\n\t(b)\tsection 118 (exploration licence conditions), 177 (retention licence conditions), 254 (mining licence conditions) or 304 (works licence conditions).\n\t(2)\tSecurities are required as a way of ensuring compliance with this Act and with licence conditions.\n\t(3)\tSecurities may only be used for the purposes laid down in section 400.\n399—Determination of requirement to lodge security\n\t(1)\tThe Minister may determine that a person who has been provisionally granted a licence must lodge a security with the Minister.\n1\tThe provisional holder will be given notice of the determination under section 66 or 83 (exploration licence), 147 (retention licence), 210 or 227 (mining licence) or 279 (works licence).\n2\tIf 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 (exploration licence), 153 (retention licence), 216 or 230 (mining licence) or 285 (works licence)).\n\t(2)\tIf the Minister provisionally renews a licence, the Minister may determine that the licence holder must lodge a security with the Minister.\n1\tThe licence holder will be given notice of the determination under section 110 (exploration licence), 169 (retention licence), 246 (mining licence) or 296 (works licence).\n2\tIf the holder does not lodge the security within a particular time provided for in this Act, the provisional renewal will lapse (see section 116 (exploration licence), 175 (retention licence), 252 (mining licence) or 302 (works licence)).\n\t(3)\tA determination under subsection (1) or (2) must specify—\n\t(4)\tWithout limiting subsections (1) and (2), a determination may require the lodgment of a security in the form of a guarantee and if a guarantee is required the determination may specify—\n\t(5)\tThe determination is to be in writing.\n\t(6)\tIf a person is provisionally granted a licence over a tender block, the amount determined as a security under subsection (1) is to be the amount of security referred to in the tender block licence notice.\nFor the contents of a tender block licence notice see sections 75 and 219.\n400—Application of security\n\t(a)\ta person is or was a licence holder; and\n\t(b)\tthe 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—\n\t(c)\tthis Act or the regulations; or\n\t(d)\tthe licence conditions; or\n\t(e)\ta direction under section 387 or 392.\n\t(2)\tWithout limiting subsection (1), the holder's financial obligations include the obligation to pay a penalty imposed under the licence conditions.\n\t(3)\tSubject to subsection (1), the Minister is to deal with a security in accordance with the regulations.\nDivision 4—Restoration of environment\n401—Removal of property from coastal waters\n\t(1)\tThe regulations may provide for—\n\t(a)\tthe removal from coastal waters of property that—\n\t(i)\thas been brought into coastal waters for use in offshore exploration or mining activities; and\n\t(ii)\tis not being used and is not intended to be used in exploration or mining activities in accordance with a licence; and\n\t(b)\tthe disposal by the Minister of property removed under regulations made for the purposes of paragraph (a); and\n\t(c)\tthe recovery of costs and expenses incurred by the Minister or another person in removing or disposing of property in accordance with regulations made for the purposes of paragraph (a) and (b).\n\t(2)\tRegulations made for the purposes of subsection (1)(a) may provide for removal by the Minister or by someone else.\n\t(3)\tRegulations made for the purposes of subsection (1)(c) may provide for the recovery of costs by way of deduction from the proceeds of the disposal.\n\t(4)\tSubject to the regulations, no action lies in respect of the removal or disposal of property in accordance with the regulations.\n\t(5)\tIn this section—\nproperty includes a structure or equipment.\n402—Rehabilitation of damaged areas\n\t(1)\tThe regulations may provide for—\n\t(a)\tthe rehabilitation of an area in coastal waters that has been damaged or affected by offshore exploration or mining activities of a licence holder; and\n\t(b)\tthe recovery of costs and expenses incurred by the Minister in rehabilitating an area under regulations made for the purposes of paragraph (a).\n\t(2)\tRegulations made for the purposes of subsection (1)(a) may provide for the rehabilitation to be carried out by the Minister or someone else.\n\t(3)\tRegulations made for the purposes of subsection (1)(b) may provide for the recovery of costs and expenses by way of deduction from the licence holder's security.\nDivision 5—Safety zones\n403—Declaration of safety zone around a structure or equipment\n\t(1)\tThe Minister may, by notice published in the Gazette, establish a safety zone around a structure or equipment in coastal waters.\n\t(2)\tA safety zone may only be established for the purpose of protecting the structure or equipment.\n\t(3)\tThe safety zone may extend not more than 500 metres from the outer edge of the structure or equipment.\n\t(4)\tThe notice may apply to—\n\t(a)\tall vessels; or\n\t(b)\tall vessels except those specified in the notice.\n404—Effect of declaration of safety\n\t(1)\tIf a safety zone is established by notice under section 403, a vessel to which the notice applies is not to enter or remain in the safety zone without the written consent of the Minister.\n\t(2)\tIf a consent is given under subsection (1) on conditions, a vessel to which the consent applies is to enter or remain in the safety zone only in accordance with the conditions.\n\t(3)\tThe 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).\nMaximum Penalty: Imprisonment for five years.\n\t(4)\tThe Magistrates Court may hear and determine proceedings for an offence against subsection (3) as a summary offence if the Court is satisfied that it is appropriate to do so, and the defendant and the prosecutor consent.\n\t(5)\tWhere, in accordance with subsection (3), the Magistrates Court convicts a person of the offence, the person is liable to a maximum penalty of a fine of $10 000 or imprisonment for 2 years.\n\t(6)\tIt is a defence to a prosecution of a person for an offence against subsection (3) if the person satisfies the Court that—\n\t(a)\tan unforeseen emergency made it necessary for the vessel to enter or remain in the safety zone to attempt to secure the safety of—\n\t(i)\ta human life; or\n\t(ii)\tthe vessel; or\n\t(iii)\tanother vessel; or\n\t(iv)\ta well, pipeline, structure or equipment; or\n\t(b)\tthe 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\t(7)\tIt 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—\n\t(a)\tdid not aid, abet, counsel or procure the vessel's entering or remaining in the safety zone; and\n\t(b)\twas not in any way, directly or indirectly, knowingly concerned in, or party to, the vessel's entering or remaining in the safety zone.\n405 to 420—Section numbers not used\nSections 405 to 420—see note 2 to section 3(1).\nPart 4.3—Inspectors\n421—Appointment of inspectors\n\t(1)\tThe Minister may appoint a person who is a public sector employee within the meaning of the Public Sector Act 2009 to be an inspector for the purposes of this Act and the regulations.\nInspectors have powers under sections 367, 368, 369, 370, 371, 378, 379, 380 and 381.\n\t(2)\tThe appointment must be in writing.\n422—Identity cards\n\t(1)\tThe Minister must issue an inspector with an identity card.\n\t(2)\tThe card must—\n\t(a)\tcontain a recent photograph of the inspector; and\n\t(b)\tbe in the form approved by the Minister.\n423—Return of identity card\n\t(1)\tA person who stops being an inspector must, as soon as is practicable, return the person's identity card to the Minister or to an official specified by the Minister in a written notice given to the person.\n\t(2)\tA person must not contravene subsection (1) without reasonable excuse.\nMaximum penalty: $100.\nPart 4.4—Licence fees and royalty\nDivision 1—Licence fees\n424—Definition\nIn this Division—\nyear, in relation to the period when a licence is in force, means—\n\t(a)\tthe period of 12 months commencing on (and including) the day on which the provisional grant of the licence is properly accepted; or\n\t(b)\ta period of 12 months commencing on (and including) an anniversary of that day; or\n\t(c)\ta period of less than 12 months that—\n\t(i)\tcommences on (and includes)—\n\t(A)\tthe day on which the provisional grant of the licence is properly accepted; or\n\t(B)\tan anniversary of that day; and\n\t(ii)\tends on the expiry of the licence.\n425—Licence fees\n\t(1)\tA licence holder must pay a fee to the Minister for each year during which the licence is in force.\n\t(2)\tSubject to section 426, the amount of the fee for each kind of licence is to be as prescribed by the regulations for that kind of licence.\n\t(3)\tIf the licence has 2 or more holders, the holders are jointly and severally liable to pay the fee.\n426—Limit on amount of fees\n\t(1)\tThe amount of the fee for an exploration licence for a year is not to exceed whichever is the greater of—\n\t(a)\t$2 000; or\n\t(b)\tthe amount obtained by multiplying $100 by the number of blocks covered by the licence at the beginning of the year.\n\t(2)\tThe amount of the fee for a retention licence for a year is not to exceed the amount obtained by multiplying $1 000 by the number of blocks covered by the licence at the beginning of the year.\n\t(3)\tThe amount of the fee for a mining licence for a year is not to exceed the amount obtained by multiplying $1 000 by the number of blocks covered by the licence at the beginning of the year.\n\t(4)\tThe amount of the fee for a works licence for a year is not to exceed $100 for each hectare or part of a hectare of the area specified in the licence under section 278(1)(c).\n427—Time for payment\nThe fee for a year becomes payable one month after the day on which the year begins.\nDivision 2—Royalty\n428—Definition\nIn this Division—\nroyalty period, in relation to a mining licence, means—\n\t(a)\tthe period from (and including) the day on which the licence takes effect to (and including) the next 30 June or 31 December whichever is the earlier; and\n\t(b)\teach period of 6 months after that period.\n429—Royalty\nA person who is or has been a mining licence holder must pay to the Minister a royalty for all minerals recovered by the holder under the licence.\n430—Rate of royalty\n\t(1)\tSubject to this section, the Minister may, by instrument in writing, determine the rate of royalty payable for a mineral of a kind specified in the instrument.\n\t(2)\tWithout limiting subsection (1), the rates of royalty determined under that subsection may include a rate that is related to the landed value, or to the quantity, of the mineral.\n\t(3)\tA rate of royalty determined under subsection (1) applies in relation to any mineral of the relevant kind recovered under a mining licence during the period when the rate is in force.\n\t(4)\tA determination of a rate of royalty under subsection (1) takes effect on the day on which the instrument of determination is published in the Gazette.\n431—Reduction of royalty in certain cases\n\t(1)\tThe Minister may determine a rate of royalty that is lower than the rate determined under section 430 for—\n\t(a)\ta particular kind of mineral; or\n\t(b)\tall minerals recovered under a particular mining licence.\n\t(2)\tA determination is to be made by instrument in writing and is to specify the period for which the lower rate is to be in force.\n\t(3)\tA determination 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 determined under section 430.\n432—Fixing of landed value\nFor the purposes of this Division, the landed value of a mineral is—\n\t(a)\tan amount agreed between the mining licence holder and the Minister; or\n\t(b)\tif there is no agreement within such period as the Minister allows, an amount determined by the Minister by instrument in writing.\n433—Fixing of quantity\nFor the purposes of this Division, the quantity of any mineral recovered by a mining licence holder during a royalty period is—\n\t(a)\tthe quantity agreed between the holder and the Minister; or\n\t(b)\tif there is no agreement within such period as the Minister allows, the quantity determined by the Minister by instrument in writing.\n434—Time for payment\nRoyalty for any mineral recovered during a royalty period is payable within one month after the last day of that royalty period.\n435—State to pay 40 per cent of royalties to Commonwealth\n\t(1)\tThe State is to pay to the Commonwealth 40 per cent of royalties received under this Division.\n\t(2)\tPayments under subsection (1) are to be made not later than the end of the month that follows the month in which the royalties were received.\nroyalty includes any penalty for late payment of royalty.\nDivision 3—Penalties and recovery\n436—Penalty if fee or royalty overdue\n\t(1)\tSubject to this section, a licence holder must pay a penalty to the Minister in respect of any fee or amount of royalty that the holder fails to pay when it becomes payable.\n\t(2)\tThe penalty is to be calculated—\n\t(a)\ton the amount of the fee or royalty that remains unpaid; and\n\t(b)\tat the rate of 0.33 per cent for each day during which the fee or royalty is unpaid.\n\t(3)\tA penalty is not payable under subsection (1) on an amount of royalty in respect of any period until 7 days after—\n\t(a)\tthe landed value of the mineral has been agreed or determined under section 432, where the rate of royalty is related to the landed value of the mineral; or\n\t(b)\tthe quantity of the mineral has been agreed or determined under section 433, where the rate of royalty is related to the quantity of the mineral recovered.\n437—Fees etc recoverable as debts\nThe State may recover the amount of any fee, royalty or penalty payable under this Part in a court of competent jurisdiction as a debt due to the State.\n","sortOrder":16},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"Chapter 5—Miscellaneous\n438—State functions under Part 5.1 of Commonwealth Act\n\t(1)\tA State court may exercise any jurisdiction that is conferred on the court by the Commonwealth Act.\n\t(2)\tA State authority may perform any function that it is necessary for the authority to perform to give effect to Part 5.1 of the Commonwealth Act.\nState authority means—\n\t(a)\tthe Governor in Executive Council;\n\t(b)\ta Minister of the Crown in right of the State;\n\t(c)\ta department or other administrative unit of the Public Service of the State;\n\t(d)\tan agency, authority or instrumentality established under a written law of the State;\n\t(e)\ta person holding or exercising the powers of an office established under a written law of the State;\n\t(f)\tan officer or employee of—\n\t(i)\tan agency, authority or instrumentality referred to in paragraph (d); or\n\t(ii)\ta person referred to in paragraph (e);\n\t(g)\tan officer appointed, or a person employed, under any other written law of the State;\n\t(h)\tany other person or entity prescribed by the regulations to be a State authority for the purposes of this section;\nState court means a court or other tribunal of the State.\n439—Delegation by Minister\n\t(1)\tThe Minister may by signed instrument delegate to a person the performance of all or any of the functions of the Minister under—\n\t(a)\tthis Act; or\n\t(b)\tregulations made under this Act.\n\t(2)\tA delegation under this section may be made to the person who holds, or performs the duties of, a specified office under the Commonwealth or the State.\n\t(3)\tIf the Minister delegates the performance of a function under this section, the delegation continues in force despite—\n\t(a)\ta vacancy in the office of Minister; or\n\t(b)\ta change in the identity of the holder of the office of Minister.\n\t(4)\tA copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.\n440—False statements\nA person must not in connection with—\n\t(a)\tany application or request to the Minister; or\n\t(b)\tthe lodgment of any document,\nunder this Act give any information or make any statement—\n\t(c)\tthat the person knows to be false in a material particular; or\n\t(d)\tthat is false in a material particular and that the person does not believe to be true.\nPenalty: $10 000.\n441—Service of documents on licence holders etc\n\t(1)\tA document that is to be given to a licence holder may be given to the holder by posting it to the address that is the holder's registered address for service.\nSee section 333 for registration of an address for service.\n\t(2)\tA document that is to be given to an applicant for a licence may be given to the applicant by posting it to the address that the applicant specified in the applicant's application for the licence.\n442—Regulations\n\t(1)\tThe Governor may make regulations prescribing all matters—\n\t(a)\trequired or permitted by this Act to be prescribed; or\n\t(b)\tnecessary or convenient to be prescribed for giving effect to this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may provide for—\n\t(a)\tthe control of offshore exploration and mining activities; and\n\t(b)\tprocedures for giving notice to persons whose interests might be affected by the grant of a licence or special purpose consent; and\n\t(c)\tthe conservation and protection of the mineral resources of coastal waters; and\n\t(d)\tthe remedying of—\n\t(i)\tdamage caused to the seabed or subsoil in coastal waters by offshore exploration and mining activities; or\n\t(ii)\tdamage caused by the escape of substances as a result of offshore exploration and mining activities; and\n\t(e)\tthe protection of the environment; and\n\t(f)\tthe keeping of records and samples; and\n\t(g)\tthe giving of records and samples to the Minister for inspection; and\n\t(h)\tthe making of returns; and\n\t(i)\tthe imposition and recovery of fees for access to reports under section 376.\n\t(3)\tFor the purposes of subsection (2), the control of offshore exploration and mining activities extends to the control of—\n\t(a)\tthe construction, maintenance and operation of installations used in or for use in offshore exploration and mining activities; and\n\t(b)\tthe flow or discharge of fluids arising from offshore exploration and mining activities; and\n\t(c)\tthe safety, health and welfare of persons working in offshore exploration and mining activities; and\n\t(d)\tthe maintenance of structures, equipment and property used in or for use in offshore exploration and mining activities.\n\t(4)\tFor the purposes of subsection (2)(b), interests that might be affected by the grant of a licence include native title rights and interests that might be affected by the grant of the licence.\n\t(5)\tThe regulations may provide for offences against the regulations.\n\t(6)\tThe penalties provided for offences against the regulations are not to exceed—\n\t(a)\ta fine of $1 000; or\n\t(b)\ta fine of $1 000 for each day on which the offence is taken to continue.\n\t(7)\tIn this section—\ncontrol includes restrict.\n","sortOrder":17},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Area in which coastal waters are situated","content":"Schedule 1—Area in which coastal waters are situated\n(Section 16(1))\nThe area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the States of South Australia and Victoria and runs thence southerly along the meridian through that point to its intersection by the parallel of latitude 38°10′ south, thence south-westerly along the geodesic to a point of latitude 38°15′ south, longitude 140°53′ east, thence south-westerly along the geodesic to a point of latitude 38°35′30″ south, longitude 140°44′37″ east, thence south-westerly along the geodesic to a point of latitude 38°40′48″ south, longitude 140°40′44″ east, thence south-westerly along the geodesic to a point of latitude 44° south, longitude 136°29′ east, thence westerly along the parallel of latitude 40° south to its intersection by the meridian of longitude 129° east, thence northerly along that meridian to its intersection by the parallel of latitude 31°45′ south, thence northerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the States of South Australia and Western Australia, thence along the coastline of the State of South Australia at mean low water to the point of commencement.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Offshore Minerals Act 2000 amended the following:\nAboriginal Heritage Act 1988\nConstruction Industry Training Fund Act 1993\nDevelopment Act 1993\nFisheries Act 1982\nHeritage Act 1993\nMining Act 1971\nNational Parks and Wildlife Act 1972\nOccupational Health, Safety and Welfare Act 1986\nStamp Duties Act 1923\nWilderness Protection Act 1992\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nOffshore Minerals Act 2000\n4.5.2000\n4.5.2002 (s 7(5) Acts Interpretation Act 1915)\nMarine Parks Act 2007\n29.11.2007\nSch 1 (cl 43)—6.11.2008 (Gazette 6.11.2008 p5055)\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 101 (ss 246 & 247)—1.2.2010 (Gazette 28.1.2010 p320)\nStatutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 20 (s 52)—16.6.2011 (Gazette 16.6.2011 p2610)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nCh 1\n\nCh 1 Pt 1.1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 5A\ninserted by 11/2011 s 52\n16.6.2011\nCh 1 Pt 1.3\n\ns 31\namended by 84/2009 s 246\nCh 1 Pt 1.5\ninserted by 60/2007 Sch 1 cl 43\n6.11.2008\nCh 4 Pt 4.3\n\ns 421\n\ns 421(1)\namended by 84/2009 s 247\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n\nHistorical versions\n6.11.2008\n\n","sortOrder":18}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":926},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in the long title: regulating exploration and recovery of minerals (excluding petroleum) in SA's coastal waters. The 2007 amendment adding marine parks interaction (s 37A) and 2011 amendment clarifying personal property securities (s 5A) are minor operational adjustments rather than scope expansion. The detailed licensing framework, enforcement mechanisms, and Commonwealth-State administrative arrangements all align with the original regulatory intent."},"complexity_factors":["442 sections with extensive cross-referencing between licence types (exploration, retention, mining, works)","Multiple parallel procedural pathways: standard blocks vs tender blocks, with different application requirements for each","Complex temporal mechanics: primary/secondary payment periods, provisional grants, registration requirements, suspension effects on licence terms, automatic extensions during pending applications","Detailed registration system with caveat procedures (Sections 328-359) creating a quasi-Torrens title system for intangible licence rights","Nested conditional logic: 30-day/60-day/6-month exclusion periods for blocks, mandatory 50% area surrender on renewal with exceptions for up to 3 discrete areas","Extensive Ministerial discretion with procedural safeguards: directions, variations, exemptions, and cancellation powers each with specific notice and consultation requirements","Interaction with Commonwealth legislation (Offshore Minerals Act 1994) and constitutional settlement arrangements requiring mirror numbering (Sections 1-423)","Royalty calculation methodology with landed value/quantity determinations and 40% Commonwealth revenue sharing obligation"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's **Offshore Minerals Act 2000**, which creates a licensing system for exploring and mining minerals in the state's coastal waters — specifically the first 3 nautical miles of the territorial sea (the area between the low-water mark and 3 nautical miles out to sea). **Importantly, this law does NOT cover petroleum** (oil and gas), which is regulated separately.\n\n**Who it affects:**\n- **Mining companies** wanting to explore for or extract minerals like sand, gravel, limestone, rock, clay, or coal from SA's near-shore waters\n- **The South Australian Minister** who administers the licensing system\n- **Native title holders** — the law specifically protects native title rights (they're not extinguished by licences)\n- **The Commonwealth government** — which receives 40% of royalties from mining\n\n**The five types of licences available:**\n\n| Licence type | What it's for | Key features |\n|------------|-------------|--------------|\n| **Exploration licence** | Finding and evaluating mineral deposits | Initial 4-year term, can renew up to 3 times (2 years each), must surrender 50% of area at each renewal |\n| **Retention licence** | \"Holding\" rights to a deposit that's not yet commercially viable | Up to 5 years, allows exploration and limited recovery but not commercial mining |\n| **Mining licence** | Commercial extraction of minerals | Up to 21 years initially, same for renewals; holder must pay royalties |\n| **Works licence** | Engineering activities *outside* the main licence area (e.g., pipelines, platforms) | Up to 5 years |\n| **Special purpose consent** | Scientific research or small-scale sampling | Up to 12 months, no exclusive rights |\n\n**Key protections and obligations:**\n- Licence holders must **advertise applications publicly** and notify affected parties\n- The Minister can **suspend licence rights** in the public interest (with compensation for property acquisition)\n- **Environmental conditions** can be imposed — including rehabilitation requirements\n- **Safety zones** (up to 500m) can be declared around structures\n- **Royalties** are payable on minerals recovered (40% goes to the Commonwealth)\n- **Native title is protected** — licences don't extinguish native title, though they can coexist\n\n**Why it matters:**\nThis law balances resource development with environmental protection and other ocean uses (fishing, navigation, conservation). It implements a 1980s Commonwealth-State agreement about who controls Australia's offshore resources, giving SA control of the \"coastal waters\" while the Commonwealth manages areas further out to sea."},"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"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act's core scope — regulation of exploration for and recovery of minerals (other than petroleum) in the State's coastal waters (first 3 nautical miles) — remains the same as originally enacted. Subsequent amendments have been targeted and technical rather than a broad expansion of purpose: for example, interaction with the Marine Parks Act was added (s37A) and the Act was amended to state that licences are not personal property for the purposes of the Commonwealth Personal Property Securities Act (s5A). Those amendments affect administration, inter‑legislative interaction and financing consequences but do not materially broaden the Act's substantive geographic or subject‑matter scope."},"complexity_factors":["Very long Act (over 400 enumerated sections and multiple Parts) covering licensing, registration, inspections, enforcement, fees and royalties","Extensive interpretation/definition section (s5) with many defined terms and cross‑references","Four principal licence types plus special purpose consents, each with distinct application, grant, renewal, surrender and cancellation regimes (Parts 2.2–2.6)","Multiple staged and conditional procedures: provisional grant → acceptance → registration (s40); primary and secondary payment periods; different timelines for exploration/retention/mining/works licences (ss40, 88, 154, 232, 286)","Complex registration and dealing rules, caveat regime and Ministerial approvals required for transfers (Part 3.1; ss338–351)","Wide ministerial discretions to set conditions, require securities, suspend/cancel licences and give directions (ss118, 399, 48, 130, 387), producing many conditional branches","Cross‑references to Commonwealth Offshore Minerals Act 1994, Native Title Act 1993, Personal Property Securities Act and other legislation (e.g. ss3, 5A, 43) increasing interpretive complexity","Royalty regime with Ministerial determinations, methods to fix landed value and quantity, and mandatory remittance to Commonwealth (ss430–435)","Detailed compliance, inspection and evidentiary rules (ss367–384, 373, 377), including warrants and retention of documents","Environmental, rehabilitation and safety zone provisions tied into regulatory and penalty regimes (ss401–404, 402; penalties across multiple provisions)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Regulates exploration for and recovery (mining) of minerals other than petroleum in South Australian coastal waters (the first 3 nautical miles from the baseline) (see sections 1, 16, 35).\n- Establishes a licensing system. There are four main licence types plus a narrow consent for small or scientific activities:\n  - Exploration licences (exploration and sampling) (Part 2.2; s46);\n  - Retention licences (to hold an identified deposit when immediate mining is not commercially viable) (Part 2.3; s132–146);\n  - Mining licences (commercial recovery) (Part 2.4; s192–263);\n  - Works licences (authorise support works outside a licence area) (Part 2.5; s267–314);\n  - Special purpose consents (scientific surveys, reconnaissance, or collection of very small quantities) (Part 2.6; s315–327).\n- A licence becomes fully effective only after a provisional grant, the holder properly accepts it (written acceptance, any security and fees), and registration (s40, ss63–71, 70, 333).\n- The Minister controls almost every stage: deciding invitations to tender, provisional grants, licence conditions, suspensions, cancellations and approvals for transfers (multiple sections, e.g. ss73–75, 63, 118, 48, 362–365).\n- Registration, caveats and dealings are administered through a State Offshore Mining Register with strict rules about when instruments take effect (Part 3.1; ss328–359; ss338–341).\n- The Act creates criminal and civil enforcement tools: inspectors, inspection powers and warrants, ministerial directions, penalties for non‑compliance, and powers to use securities to meet obligations (Parts 4.1–4.3; ss367–396; ss398–400).\n- Fees and royalties are payable by licence holders; royalties are set by the Minister and the State must pay 40% of royalties to the Commonwealth (Part 4.4; ss425–435).\n\n**Who it affects\n\n- Any person or company (Australian or foreign) that wants to explore for or recover minerals in the defined coastal waters (s37).  Licence holders' contractors, agents and employees (\"associates\") are also brought into the regulatory net (s26).\n- Financial counterparties and prospective transferees: licences and shares in licences require Ministerial approval to register transfers (ss7, 362–365) and licences are not treated as personal property for the Commonwealth Personal Property Securities Act (s5A).\n- Other resource users and rights holders (navigation, fishing, native title) — licences do not extinguish native title but subject native title to licence rights while a licence is in force (s43); licence holders must not unnecessarily interfere with lawful activities (s44).\n\n**Why it matters (practical effects, incentives and trade‑offs)\n\n- Grants property-like rights to recover minerals but ties those rights tightly to procedural controls, registration and ministerial oversight. Practically, a firm must secure provisional grant, accept it properly, lodge any required security and be registered before rights are fully effective (s40, s333). That sequence shapes commercial timing and financing.\n- Financial and credit effects: the Act prevents licences being characterised as personal property for the Commonwealth Personal Property Securities Act (s5A). That reduces the ability of financiers to take a standard PPSA security interest in a licence, which can increase the cost or structure of third‑party finance for licence holders.\n- Transferability and certainty: transfers and other dealings are ineffective until registered and require Ministerial approval (ss338, 361, 362). This central control creates administrative gatekeeping that influences market liquidity in licence interests.\n- Regulatory discretion and risk allocation: the Minister may suspend or cancel licences or impose and vary conditions (including securities, environmental obligations, and penalties) — often without compensation for cancellation or non‑renewal (e.g. exploration, retention and mining licences: ss47, 134, 194). The State does, however, provide a compensation route where a suspension causes an acquisition of property (ss49, 136, 196).\n- Compliance and operational costs: licence holders must meet reporting, record‑keeping, inspection, environmental rehabilitation and work‑practice standards (e.g. ss123–125, 401–402). The Minister can require securities to secure those obligations (ss398–400). These are ongoing costs that affect project economics.\n- Revenue sharing and price signals: royalties are payable on minerals recovered and the Minister sets rates (ss429–434); 40% of royalties are remitted to the Commonwealth (s435). Royalties and fees add to extraction costs and influence decisions about commercial development.\n- Interaction with other regimes: the Act explicitly excludes petroleum (s35) and is designed to sit alongside Commonwealth offshore legislation; it also requires the Minister to take Marine Parks objects into account where relevant (s37A) and treats native title consequences in line with the Native Title Act (s43). Changes to the territorial baseline can affect whether an area sits inside coastal waters, with transitional rules for existing licences (s16). Those interfaces create legal complexity and implementation risk.\n\n**Who pays, who decides, what behaviour changes (summary)\n\n- Who pays: licence applicants and holders (application fees, annual licence fees, securities, royalties, penalties and rehabilitation costs) (ss56, 425–436, 398–400, 401–402).\n- Who decides: the State Minister (the Minister) has broad powers to grant/provisionally grant, set licence conditions, require securities, approve transfers, declare safety zones and give directions; delegated officials and inspectors implement and enforce the Act (multiple provisions, e.g. ss30, 41, 118, 362, 377–387).\n- Behaviour changes required: businesses must apply in approved forms, advertise applications, accept provisional grants properly, register dealings, obtain approvals for transfers, comply with licence conditions and directions, maintain records, cooperate with inspections, and budget for and lodge securities and royalties (numerous sections across Parts 2–4).\n\n**Costs, incentives and implementation risks (concrete mechanisms)\n\n- Concentrated cost: licence fees, securities and royalties fall on licence holders (ss425–435). These are concentrated and measurable costs for the firm holding the licence.\n- Concentrated benefit: successful tender applicants or registered transferees get exclusive rights to samples/recovery (s42) and the option to commercialise. Tender procedures allow the Minister to weigh proposed expenditure or payment offers (s75(2), s219(2)).\n- Financing friction: s5A (PPSA exclusion) reduces ability to use licences as typical personal‑property security under the PPSA, which can raise the cost of external finance or require bespoke security structures.\n- Administrative discretion and uncertainty: many provisions give the Minister broad discretionary powers (e.g. licence conditions s118, suspensions s48, cancellations s130, transfer approvals s365). That discretion creates regulatory risk that firms must manage in commercial planning.\n- Cross‑jurisdiction and baseline risk: baseline changes can move areas between Commonwealth offshore jurisdiction and State coastal waters; the Act provides transitional rules but those can affect ongoing rights and regulatory relationships (s16).\n\n**Key practical points to watch (section pointers)\n\n- Prohibition on activity without a licence/consent (s38).\n- Licence types and what each authorises (s39; Parts 2.2–2.6).\n- Licence acceptance and registration steps (s40; ss70, 151, 214, 283; s333).\n- Ministerial discretion on conditions, suspension and cancellation (ss118, 48, 130, 187–190, 265, 313).\n- Licences not personal property for the PPSA (s5A).\n- Fees and royalties and the 40% remittance to the Commonwealth (ss425–435).\n- Inspection, direction and enforcement powers (ss367–396, 377–395).\n- Interaction with native title and marine parks (ss43, 37A).\n\nThis is a technical, procedural statute that converts exploration and recovery rights into a tightly controlled, registrable State licence framework and establishes the administrative, commercial and compliance rules that licence holders must follow."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the legislative text was not retrievable due to a broken or outdated URL following a website migration on or around 24 March 2026. No content was available to compare against original legislative intent."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions of the Act","Score of 1 reflects the absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Offshore Minerals Act 2000 (SA) regulated exploration and mining of seabed and subsoil in South Australia’s offshore waters. It primarily affected mining and resources companies, regulators who issue permits and licences, and environmental and coastal stakeholders.\n\nIt matters because it set the legal framework for offshore mineral activity and marine resource management."}},"importantCases":[],"_links":{"self":"/api/acts/offshore-minerals-act-2000","history":"/api/acts/offshore-minerals-act-2000/history","analysis":"/api/acts/offshore-minerals-act-2000/analysis","conflicts":"/api/acts/offshore-minerals-act-2000/conflicts","importantCases":"/api/acts/offshore-minerals-act-2000/important-cases","documents":"/api/acts/offshore-minerals-act-2000/documents"}}