Subdiv 15Suspension, cancellation and surrender of licence

Subdivision 15—Suspension, cancellation and surrender of licence 54—Minister may suspend or cancel licence (1) The Minister may, after complying with the requirements of this section, by notice to the licensee, suspend or cancel a licence. (2) The Minister may suspend or cancel a licence— (a) if the Minister is satisfied that a provision of this Act or a condition of the licence has been contravened; or (b) if the Minister is not satisfied (on the basis of evidence provided by the licensee)— (i) that the licensee has met the requirements of a work program; or (ii) that the licensee has achieved a prescribed criterion that applies to that licence within the prescribed time; or (c) if the licensee requests the cancellation or suspension; or (d) in prescribed circumstances. (3) The Minister may suspend all or some of the operations under a licence— (a) pending compliance with an obligation or requirement under this Act by the licensee; or (b) until the licensee takes some other step specified by the Minister; or (c) on account of any other matter that, in the opinion of the Minister, warrants suspension of rights under the licence; or (d) in prescribed circumstances. (4) The Minister cannot cancel a licence under subsection (2)(a) unless satisfied— (a) that the licensee has been allowed a reasonable opportunity to make good the contravention but has failed to do so; or (b) that cancellation is necessary in order to prevent, arrest or minimise damage to or deterioration of a licence area or an area associated with the undertaking of authorised operations. (5) Before the Minister suspends or cancels a licence under subsection (2)(a) or (b) or suspends operations under a licence under subsection (3), the Minister must— (a) notify the licensee of the proposed suspension or cancellation (including the reasons for the Minister's decision); and (b) provide the licensee with an opportunity to make written submissions in relation to the proposed suspension or cancellation within a period specified by the Minister in the notice; and (c) comply with the requirements (if any) prescribed by the regulations. (6) The prescribed information in relation to the cancellation or suspension of a licence under this section must be entered on the register. 55—Surrender of licence (1) The holder of a licence may apply to the Minister for an approval to surrender— (a) the licence; or (b) a part of the area of the licence. (2) An application under this section must— (a) be made in a manner and form determined by the Minister; and (b) be accompanied by such information as may be prescribed by the regulations. (3) The Minister must, before accepting the surrender of a licence or a part of the area of a licence, have regard to the matters prescribed by regulation for the purposes of this subsection. (4) The Minister may, by notice to the applicant— (a) approve the surrender unconditionally; or (b) approve the surrender on 1 or more of the following conditions: (i) in the case of the surrender of a licence—that the applicant provide information to the Minister before surrendering the licence that was required to be provided under this Act; (ii) that the applicant rehabilitate land affected by authorised operations; (iii) any other conditions specified in the notice by the Minister. (5) The prescribed information in relation to the surrender of a licence under this section must be entered on the register.