sec.136SDeciding application

### sec.136S Deciding application The Minister may— grant the exploration permit for coal, with or without conditions, for all or part of the area of the proposed exploration permit; or refuse the application. However, the Minister must not grant the exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met. Also, the Minister must not grant the exploration permit if all or part of the area of the proposed exploration permit is in a fossicking area. Subsection (3) does not apply if the application for the exploration permit was made but not decided before the area became a fossicking area. Without limiting subsection (1) , the Minister may refuse to grant the exploration permit if the Minister considers the grant is not in the public interest. The Minister may grant the exploration permit for coal only if the Minister is satisfied— the applicant is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and the area of the exploration permit is contiguous to the project land for the coal mining project; and the area of the exploration permit is not the subject of a coal interest or an application for a coal exploration tenement; and the area of the exploration permit is not more than 6 sub-blocks; and an exploration permit for coal has not previously been granted under this division in relation to the coal mining project; and the exploration permit is necessary for the operation of the coal mining project; and the applicant has demonstrated the financial and technical capability of carrying out the activities proposed under the exploration permit; and the area of the exploration permit is not identified, or likely to be identified, as land to be released for tender for coal or other minerals. If the exploration permit is granted for only part of the area of the proposed exploration permit— the application is taken to be refused for the remainder of the area; and the Minister must give the applicant written notice of the reasons for the refusal. If the Minister refuses the application, the Minister must give the applicant written notice of the reasons for the refusal. s 136S ins 2018 No. 24 s 89 amd 2019 No. 17 s 223 (sec.136S-ssec.1) The Minister may— grant the exploration permit for coal, with or without conditions, for all or part of the area of the proposed exploration permit; or refuse the application. (sec.136S-ssec.2) However, the Minister must not grant the exploration permit unless the Minister is satisfied the prescribed criteria for the grant of the permit are met. (sec.136S-ssec.3) Also, the Minister must not grant the exploration permit if all or part of the area of the proposed exploration permit is in a fossicking area. (sec.136S-ssec.4) Subsection (3) does not apply if the application for the exploration permit was made but not decided before the area became a fossicking area. (sec.136S-ssec.5) Without limiting subsection (1) , the Minister may refuse to grant the exploration permit if the Minister considers the grant is not in the public interest. (sec.136S-ssec.6) The Minister may grant the exploration permit for coal only if the Minister is satisfied— the applicant is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and the area of the exploration permit is contiguous to the project land for the coal mining project; and the area of the exploration permit is not the subject of a coal interest or an application for a coal exploration tenement; and the area of the exploration permit is not more than 6 sub-blocks; and an exploration permit for coal has not previously been granted under this division in relation to the coal mining project; and the exploration permit is necessary for the operation of the coal mining project; and the applicant has demonstrated the financial and technical capability of carrying out the activities proposed under the exploration permit; and the area of the exploration permit is not identified, or likely to be identified, as land to be released for tender for coal or other minerals. (sec.136S-ssec.7) If the exploration permit is granted for only part of the area of the proposed exploration permit— the application is taken to be refused for the remainder of the area; and the Minister must give the applicant written notice of the reasons for the refusal. (sec.136S-ssec.8) If the Minister refuses the application, the Minister must give the applicant written notice of the reasons for the refusal. - (a) grant the exploration permit for coal, with or without conditions, for all or part of the area of the proposed exploration permit; or - (b) refuse the application. - (a) the applicant is the holder of, or the applicant for, a coal mining lease that is, or is included in, a coal mining project; and - (b) the area of the exploration permit is contiguous to the project land for the coal mining project; and - (c) the area of the exploration permit is not the subject of a coal interest or an application for a coal exploration tenement; and - (d) the area of the exploration permit is not more than 6 sub-blocks; and - (e) an exploration permit for coal has not previously been granted under this division in relation to the coal mining project; and - (f) the exploration permit is necessary for the operation of the coal mining project; and - (g) the applicant has demonstrated the financial and technical capability of carrying out the activities proposed under the exploration permit; and - (h) the area of the exploration permit is not identified, or likely to be identified, as land to be released for tender for coal or other minerals. - (a) the application is taken to be refused for the remainder of the area; and - (b) the Minister must give the applicant written notice of the reasons for the refusal.