sec.161Surrender of exploration permit

### sec.161 Surrender of exploration permit The holder of an exploration permit may, by notice in writing to the chief executive, surrender the permit. A surrender of an exploration permit shall take effect on the day next following its acceptance by the Minister except in respect of sub-blocks the subject of an application for a new exploration permit made under subsection (4) . If, when the holder of an exploration permit purports to surrender the permit, the holder makes an application for a new exploration permit under section 133 in relation to the whole or part of the area of the exploration permit to be surrendered, the purported surrender takes effect— only if the new exploration permit is granted by the Minister; and immediately before the grant of the new exploration permit by the Minister. The term of the new exploration permit is the term decided by the Minister. However, the end of the term of the new exploration permit can not be more than 15 years after— if the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or if the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted. For sections 147 and 147CA , if the surrendered permit mentioned in subsection (4B) (a) , or the earliest of the surrendered permits mentioned in subsection (4B) (b) , is a renewed exploration permit, the new exploration permit is taken to have been renewed for the same term as the surrendered permit. The Minister may accept a surrender of an exploration permit only if the Minister is satisfied— the holder has complied with the condition to carry out improvement restoration for the permit; and any relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act . If the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the exploration permit. The holder must comply with the directions. Maximum penalty for subsection (7) —200 penalty units. s 161 amd 1995 No. 21 s 46 ; 2000 No. 64 s 108 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2012 No. 16 s 78 sch ; 2013 No. 10 s 111 ; 2019 No. 17 s 271 (sec.161-ssec.1) The holder of an exploration permit may, by notice in writing to the chief executive, surrender the permit. (sec.161-ssec.3) A surrender of an exploration permit shall take effect on the day next following its acceptance by the Minister except in respect of sub-blocks the subject of an application for a new exploration permit made under subsection (4) . (sec.161-ssec.4) If, when the holder of an exploration permit purports to surrender the permit, the holder makes an application for a new exploration permit under section 133 in relation to the whole or part of the area of the exploration permit to be surrendered, the purported surrender takes effect— only if the new exploration permit is granted by the Minister; and immediately before the grant of the new exploration permit by the Minister. (sec.161-ssec.4A) The term of the new exploration permit is the term decided by the Minister. (sec.161-ssec.4B) However, the end of the term of the new exploration permit can not be more than 15 years after— if the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or if the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted. (sec.161-ssec.4C) For sections 147 and 147CA , if the surrendered permit mentioned in subsection (4B) (a) , or the earliest of the surrendered permits mentioned in subsection (4B) (b) , is a renewed exploration permit, the new exploration permit is taken to have been renewed for the same term as the surrendered permit. (sec.161-ssec.5) The Minister may accept a surrender of an exploration permit only if the Minister is satisfied— the holder has complied with the condition to carry out improvement restoration for the permit; and any relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act . (sec.161-ssec.6) If the Minister is not satisfied the holder has complied with the condition, the Minister may, by written notice, give the holder reasonable directions about carrying out improvement restoration for the exploration permit. (sec.161-ssec.7) The holder must comply with the directions. Maximum penalty for subsection (7) —200 penalty units. - (a) only if the new exploration permit is granted by the Minister; and - (b) immediately before the grant of the new exploration permit by the Minister. - (a) if the area of the new exploration permit is comprised of the whole or part of the area of 1 surrendered exploration permit—the day the surrendered permit was granted; or - (b) if the area of the new exploration permit is comprised of the whole or part of the area of more than 1 surrendered exploration permit—the day the earliest of the surrendered permits was granted. - (a) the holder has complied with the condition to carry out improvement restoration for the permit; and - (b) any relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act .