sec.10Deciding application for registration of prescribed dealing that is assessable transfer— Act , ss 19 and 194

sec.10 Deciding application for registration of prescribed dealing that is assessable transfer— Act , ss 19 and 194

This section prescribes, for sections 19 (2) and 194 (1) of the Act , the criteria for deciding an application to the Minister for approval to register a prescribed dealing that is an assessable transfer. The Minister must consider— the application and any additional information accompanying the application; and for a transfer of a resource authority under the Mineral Resources Act that is an exploration permit, mineral development licence or mining lease—whether the proposed transferee has the human, technical and financial resources to comply with the conditions of the resource authority under section 141 , 194 or 276 of the Mineral Resources Act ; and for a transfer of a resource authority under the P&G Act —the relevant criteria that apply under the P&G Act , chapter 2 or 4 for obtaining the type of resource authority the subject of the transfer; and for a transfer of a resource authority under the 1923 Act —the capability criteria under the 1923 Act for the authority; and for a transfer of a resource authority under the Geothermal Act —the relevant criteria that apply under the Geothermal Act , chapter 2 or 3 for obtaining the type of resource authority the subject of the transfer; and for a transfer of a resource authority under the Greenhouse Gas Act —the relevant criteria that apply under the Greenhouse Gas Act , chapter 2 or 3 for obtaining the type of resource authority the subject of the transfer; and for a transfer of a resource authority that authorises the carrying out of a resource activity under an environmental authority in relation to which an ERC decision has been made—whether the proposed transferee has the financial resources to fund the estimated rehabilitation cost for the resource activity as stated in the ERC decision; and the public interest. However, subsection (2) does not apply if, under subsection (6) , the approval is taken to have been given. The approval may be given only if the proposed transferee is— an eligible person; and for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act ; and for a resource authority under the Geothermal Act —the holder of any authorisation under the Water Act 2000 required for the purposes of the resource authority. Also, the Minister may refuse to give the approval if the Minister is not satisfied the transferor has substantially complied with the conditions of the resource authority. The approval is taken to have been given if— under section 23 (3) of the Act , an indicative approval has been given for the proposed prescribed dealing; and subsection (4) and section 23 of the Act do not prevent the giving of the approval. In this section— ERC decision means a decision of the administering authority under the Environmental Protection Act , section 300 about the estimated rehabilitation cost for a resource activity. s 10 amd 2020 Act No. 14 ss 89 , 218 sch 1 (sec.10-ssec.1) This section prescribes, for sections 19 (2) and 194 (1) of the Act , the criteria for deciding an application to the Minister for approval to register a prescribed dealing that is an assessable transfer. (sec.10-ssec.2) The Minister must consider— the application and any additional information accompanying the application; and for a transfer of a resource authority under the Mineral Resources Act that is an exploration permit, mineral development licence or mining lease—whether the proposed transferee has the human, technical and financial resources to comply with the conditions of the resource authority under section 141 , 194 or 276 of the Mineral Resources Act ; and for a transfer of a resource authority under the P&G Act —the relevant criteria that apply under the P&G Act , chapter 2 or 4 for obtaining the type of resource authority the subject of the transfer; and for a transfer of a resource authority under the 1923 Act —the capability criteria under the 1923 Act for the authority; and for a transfer of a resource authority under the Geothermal Act —the relevant criteria that apply under the Geothermal Act , chapter 2 or 3 for obtaining the type of resource authority the subject of the transfer; and for a transfer of a resource authority under the Greenhouse Gas Act —the relevant criteria that apply under the Greenhouse Gas Act , chapter 2 or 3 for obtaining the type of resource authority the subject of the transfer; and for a transfer of a resource authority that authorises the carrying out of a resource activity under an environmental authority in relation to which an ERC decision has been made—whether the proposed transferee has the financial resources to fund the estimated rehabilitation cost for the resource activity as stated in the ERC decision; and the public interest. (sec.10-ssec.3) However, subsection (2) does not apply if, under subsection (6) , the approval is taken to have been given. (sec.10-ssec.4) The approval may be given only if the proposed transferee is— an eligible person; and for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act ; and for a resource authority under the Geothermal Act —the holder of any authorisation under the Water Act 2000 required for the purposes of the resource authority. (sec.10-ssec.5) Also, the Minister may refuse to give the approval if the Minister is not satisfied the transferor has substantially complied with the conditions of the resource authority. (sec.10-ssec.6) The approval is taken to have been given if— under section 23 (3) of the Act , an indicative approval has been given for the proposed prescribed dealing; and subsection (4) and section 23 of the Act do not prevent the giving of the approval. (sec.10-ssec.7) In this section— ERC decision means a decision of the administering authority under the Environmental Protection Act , section 300 about the estimated rehabilitation cost for a resource activity.