23Procedure if tender does not result in the granting of a permit

23 Procedure if tender does not result in the granting of a permit

(a) no applications are received in response to an invitation made under section 18; or

(b) the Minister refuses to grant an exploration permit to any applicant who responded to an invitation made under section 18; or

(c) no applicant who responded to the invitation is willing to accept the grant of the exploration permit by the Minister.

S. 23(2) substituted by No. 25/2008 s. 9(1).

(2) The Minister may—

(a) invite further applications for an exploration permit for the relevant area; or

(b) commence a new tender process under section 18.

S. 23(3) amended by No. 25/2008 s. 9(2).

(3) Sections 19, 21 and 22 apply to applications made in response to an invitation made under subsection (2)(a).

S. 23(3A) inserted by No. 25/2008 s. 9(3).

(3A) If the Minister invites further applications under subsection (2)(a) the Minister may specify—

(a) new chief factors that will be considered by him or her in assessing those applications; and

(b) the date by which applications must be made.

S. 23(3B) inserted by No. 25/2008 s. 9(3).

(3B) If the Minister specifies new chief factors under subsection (3A), the Minister must state whether he or she will also consider the chief factors originally specified under section 18.

S. 23(4) amended by No. 25/2008 s. 9(4).

(4) If more than one application in response to an invitation under subsection (2)(a) is received, the Minister must consider the applications in the order in which they were received by the Minister.

S. 23A inserted by No. 25/2008 s. 10.