Subdiv 6Special enterprise licence

Subdivision 6—Special enterprise licence 25—Object The object of this Subdivision is to facilitate the establishment, development or expansion of enterprises comprising 1 or more regulated activities that are of major significance to the economy of the State by allowing greater security and flexibility of tenure and access to land. 26—Special enterprise (1) For the purposes of this Subdivision, an enterprise comprising 1 or more regulated activities (whether existing or proposed) is a special enterprise if— (a) the Minister and the person who conducts or proposes to establish the enterprise (the proponent) have entered into an agreement for the purposes of the grant of a special enterprise licence; and (b) the Governor has ratified the agreement between the Minister and the proponent. (2) An agreement under subsection (1)(a)— (a) must be in a form determined by the Minister after consultation with the proponent; and (b) has effect when ratified by the Governor; and (c) may be varied from time to time by further agreement between the parties after complying with any process or procedure prescribed by the regulations; and (d) must be entered on the register. (3) A variation to an agreement under subsection (2)(c) has no force or effect unless or until it is ratified by the Governor and entered on the register (and, to avoid doubt, subsection (4) does not apply to the variation of an agreement). (4) The Governor must, before ratifying an agreement under this section, be satisfied, after taking into account the advice of the Minister— (a) that the establishment, development or expansion of the enterprise comprising a regulated activity are of major significance to the economy of the State; and (b) that it is in the interests of the State to grant a special enterprise licence in respect of the enterprise. (5) In considering whether to ratify an agreement under this section, the Governor may have regard to any other regulated activities that are, or are likely to be, associated with the enterprise. (6) The Minister may, in the Minister's absolute discretion, defer consideration of an application for any other licence under this Act until the process under this Subdivision has been brought to an end. (7) This Subdivision has effect subject to any guidelines issued by the Minister for the purposes of this Subdivision. 27—Concept phase (1) The first step that a proponent who is seeking an agreement with the Minister under this Subdivision must take is to consult with the Minister about the proposal. (2) Consultation with the Minister for the purposes of subsection (1) is to be initiated by an application made to the Minister that— (b) must incorporate or be accompanied by such information as may be prescribed by the regulations; and (c) must be accompanied by the prescribed fee. (3) On receiving an application for consultation under this section, the Minister may, in the Minister's absolute discretion, consult or refuse to consult with the proponent in relation to the application. (4) If the Minister decides to consult with the proponent in relation to an application received under this section the Minister may consult with relevant owners of land or any relevant registered native title claimant (and the Minister must, before bringing the consultation envisaged by subsection (1) to an end, have regard to any submissions received as a result of the Minister's consultation). (5) The Minister must, before determining to consult with a proponent under subsection (3), be satisfied that the proponent has taken reasonable steps to obtain any permissions, authorisations, consents or other approvals from an owner of land or any registered native title claimant (including the grant of a right or interest in land sufficient to carry out the enterprise) as would be required for a grant of another licence or a permit under this Act in respect of the enterprise. (6) The Minister may require the proponent— (a) to provide the Minister with additional information specified by the Minister (and that information must be provided within the period specified by the Minister); and (b) to undertake consultation— (i) required by any guidelines issued by the Minister for the purposes of this Subdivision; or (ii) specified by the Minister, (and that consultation must be undertaken within a period specified by the Minister); and (c) to take any other action specified by the Minister. (7) The Minister may— (a) bring the consultation envisaged by subsection (1) to an end at any time as the Minister thinks fit; and (b) at the end of the consultation, advise the proponent— (i) that the matter may proceed to an application to the Minister for a special enterprise licence; or (ii) that the matter is not, in the opinion of the Minister, suitable for further consideration under this Subdivision. (8) If subsection (7)(b)(i) applies, the proponent is entitled to proceed to make an agreement with the Minister (but otherwise the matter may not proceed further under this Subdivision). 28—Special enterprise licence (1) A special enterprise licence, subject to the agreement entered into under section 26(1)(a)— (a) authorises the licensee to undertake regulated activities of a kind specified in the licence; and (b) confers a right to enter and use land in the licence area for the purposes of undertaking authorised operations. (2) The Minister must, in considering an application for a special enterprise licence— (a) consult with the owners of land or any registered native title claimant in the proposed licence area in relation to the application; and (b) have regard to the matters specified in the relevant provisions of any guidelines issued by the Minister for the purposes of this Subdivision. (3) The Minister must not grant a licence under another provision of this Act to any other person in respect of land to which an application for a special enterprise licence relates until 28 days after the application is refused or withdrawn. (4) An application for a special enterprise licence may be made in relation to a regulated activity that is subject to an existing licence (and, if the special enterprise licence is granted, the area of the existing licence will (unless the Minister determines otherwise in a particular case), on granting the licence, be subsumed into the special enterprise licence in accordance with section 30). (5) Except as provided for in this Subdivision, and despite any other provision of this Act or any other Act or law, the Minister is not required to consult with, or obtain the agreement of, any other Minister, or require any other permission or authorisation under any other provision of this Act or any other Act or law, before granting a special enterprise licence. (6) The Minister must give notice of the approval of an application under this section in accordance with any prescribed requirements. (7) A special enterprise licence will be granted for a term determined by the Minister. (8) The Minister may— (a) extend the term of a special enterprise licence from time to time; or (b) cancel a special enterprise licence if the Minister considers that the licence is no longer being used for the purposes for which the licence was granted. 29—Power to exempt from or modify Act (1) Subject to this section, the Minister may, in accordance with the terms of an agreement under this Subdivision (as ratified by the Governor)— (a) exempt a special enterprise licence from compliance with a provision of this Act; or (b) modify the application of a requirement of this Act in relation to the enterprise. (2) An exemption or modification cannot be granted or made under this section in respect of the application of the following provisions of this Act: (a) Part 4 Division 4; (b) section 79; (c) any other provision prescribed by the regulations. (3) An exemption or modification may be subject to conditions stipulated in the agreement. (4) The Minister may vary or revoke an exemption or modification in accordance with, and subject to the terms of, the agreement. (5) The Minister must cause notice of an exemption or modification, and of any subsequent variation or revocation of it, to be published in the Gazette. (6) A person who contravenes a condition of an exemption or modification under this section is guilty of an offence. Maximum penalty: $250 000. 30—Existing licences (1) If any land comprising the licence area of a special enterprise licence was, immediately before the granting of the licence, comprised in the licence area of another licence held under this Act in respect of the same regulated activity (the original licence)— (a) unless the Minister determines otherwise in a particular case—the original licence is, by force of this subsection, subsumed into the special enterprise licence; and (b) subject to a determination of the Minister— (i) an interest (whether legal or equitable) in, or affecting, the original licence (being an interest in force immediately before the granting of the special enterprise licence) continues to have the same effect in respect of the original licence area as it had before the special enterprise licence was granted; and (ii) a liability of the holder of the original licence in existence immediately before the granting of the special enterprise licence is not affected by the granting of the special enterprise licence; and (iii) an approval, consent, licence or exemption granted under another Act or law with respect to undertaking operations under the original licence will be taken to have been granted with respect to undertaking the same operations under the special enterprise licence if the extent of the operations, and the area of land over which it is to be undertaken, are not to be substantially increased. (2) If— (a) an original licence is to be subsumed into a special enterprise licence under this Subdivision; and (b) the original licence is subject to a condition that has been included to protect the environment, then the Minister must ensure that a comparable condition is included in the conditions applying to the special enterprise licence.