sec.186Minister may grant or refuse application

### sec.186 Minister may grant or refuse application The Minister may— grant a mineral development licence, with or without conditions, for all or part of the land the subject of an application (the relevant land ) for the licence; or refuse the application. Without limiting subsection (1) , the Minister may refuse to grant a mineral development licence if the Minister considers the grant is not in the public interest. The Minister may grant the mineral development licence only if— the Minister is satisfied— the requirements of this Act have been complied with; and the applicant is an eligible person; and the applicant has paid rental for the first year of the term of the licence under section 193 (1) ; and the Minister has approved the statements that, under section 183 (1) , accompanied the application. Under section 190 , a mineral development licence can not be granted until the applicant has deposited security decided under that section. If the application relates to acquired land, see also section 10AAC . The Minister must refuse to grant a mineral development licence for land if any part of the land is— in a fossicking area; or subject to a mineral development licence for the same mineral. However, subsection (4) (a) does not apply if the application was made but not decided before the land became a fossicking area. In deciding whether to approve the statements mentioned in subsection (3) (b) , the Minister must have regard to— whether there exists to a high degree of definition on or in the land a significant mineral occurrence of possible economic potential; and whether the area of land applied for is appropriate to further investigation of that occurrence; and whether the applicant has the financial and technical capability to comply with the conditions of the mineral development licence under section 194 . If a mineral development licence is only granted for part of the relevant land— the application is taken to be refused for the rest of the relevant land; and the Minister must give the applicant written notice of the reasons for the refusal. s 186 amd 1994 No. 63 s 110 (2) sch ; 1995 No. 21 s 3 sch ; 1995 No. 58 s 4 sch 1 ; 2000 No. 64 s 113 ; 2005 No. 8 s 2 sch ; 2008 No. 33 s 92 sub 2008 No. 56 s 42 amd 2012 No. 20 ss 57 , 281 sch 2 ; 2019 No. 17 s 225 (sec.186-ssec.1) The Minister may— grant a mineral development licence, with or without conditions, for all or part of the land the subject of an application (the relevant land ) for the licence; or refuse the application. (sec.186-ssec.2) Without limiting subsection (1) , the Minister may refuse to grant a mineral development licence if the Minister considers the grant is not in the public interest. (sec.186-ssec.3) The Minister may grant the mineral development licence only if— the Minister is satisfied— the requirements of this Act have been complied with; and the applicant is an eligible person; and the applicant has paid rental for the first year of the term of the licence under section 193 (1) ; and the Minister has approved the statements that, under section 183 (1) , accompanied the application. Under section 190 , a mineral development licence can not be granted until the applicant has deposited security decided under that section. If the application relates to acquired land, see also section 10AAC . (sec.186-ssec.4) The Minister must refuse to grant a mineral development licence for land if any part of the land is— in a fossicking area; or subject to a mineral development licence for the same mineral. (sec.186-ssec.5) However, subsection (4) (a) does not apply if the application was made but not decided before the land became a fossicking area. (sec.186-ssec.6) In deciding whether to approve the statements mentioned in subsection (3) (b) , the Minister must have regard to— whether there exists to a high degree of definition on or in the land a significant mineral occurrence of possible economic potential; and whether the area of land applied for is appropriate to further investigation of that occurrence; and whether the applicant has the financial and technical capability to comply with the conditions of the mineral development licence under section 194 . (sec.186-ssec.7) If a mineral development licence is only granted for part of the relevant land— the application is taken to be refused for the rest of the relevant land; and the Minister must give the applicant written notice of the reasons for the refusal. - (a) grant a mineral development licence, with or without conditions, for all or part of the land the subject of an application (the relevant land ) for the licence; or - (b) refuse the application. - (a) the Minister is satisfied— (i) the requirements of this Act have been complied with; and (ii) the applicant is an eligible person; and (iii) the applicant has paid rental for the first year of the term of the licence under section 193 (1) ; and - (i) the requirements of this Act have been complied with; and - (ii) the applicant is an eligible person; and - (iii) the applicant has paid rental for the first year of the term of the licence under section 193 (1) ; and - (b) the Minister has approved the statements that, under section 183 (1) , accompanied the application. - (i) the requirements of this Act have been complied with; and - (ii) the applicant is an eligible person; and - (iii) the applicant has paid rental for the first year of the term of the licence under section 193 (1) ; and - 1 Under section 190 , a mineral development licence can not be granted until the applicant has deposited security decided under that section. - 2 If the application relates to acquired land, see also section 10AAC . - (a) in a fossicking area; or - (b) subject to a mineral development licence for the same mineral. - (a) whether there exists to a high degree of definition on or in the land a significant mineral occurrence of possible economic potential; and - (b) whether the area of land applied for is appropriate to further investigation of that occurrence; and - (c) whether the applicant has the financial and technical capability to comply with the conditions of the mineral development licence under section 194 . - (a) the application is taken to be refused for the rest of the relevant land; and - (b) the Minister must give the applicant written notice of the reasons for the refusal.