sec.194Conditions of mineral development licence

### sec.194 Conditions of mineral development licence Each mineral development licence shall be subject to— a condition that the holder must— comply with the mandatory provisions of the land access code to the extent it applies to the holder; and ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and if the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes— to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence; to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and a condition that the holder shall carry out such activities (if any) for which the mineral development licence was granted and in accordance with this Act and the conditions of the mineral development licence and for no other purpose; and a condition that the holder must carry out improvement restoration for the mineral development licence; and a condition that the holder, prior to the termination of the mineral development licence for whatever cause, shall remove all equipment and plant on or in the area of the mineral development licence unless otherwise authorised in writing by the Minister; and a condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the mineral development licence by any person in respect of the area of the mineral development licence for so long as that right of access is exercised; and a condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and a condition that the holder must, when the Minister requires, give to the Minister— a report about the mineral development licence, that is in addition to any report mentioned in paragraph (g) ; and materials obtained because of the holder’s activities under the mineral development licence; and a condition that the holder— shall pay the rental as prescribed; and shall deposit as required by the Minister any security from time to time under this Act; and a condition that the holder shall comply with this Act and other mining legislation; and such other conditions as are prescribed; and such other conditions as are determined by the Minister. Without limiting subsection (1) , the Minister may determine a condition of a mineral development licence if the Minister considers the condition is in the public interest. The holder of a mineral development licence and all persons acting under the authority of the licence shall comply with the conditions for the time being of the licence. Conditions may be imposed in respect of a mineral development licence that require compliance with specified codes or industry agreements. Despite subsections (1) , (2) and (4) , a condition must not be determined, imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the mineral development licence. A mineral development licence granted after the commencement of the Mineral Resources Amendment Act 1998 is subject to a condition that the holder comply with the At Risk agreement. s 194 amd 1990 No. 30 s 21 ; 1995 No. 21 s 55 ; 1998 No. 27 s 4 ; 2000 No. 64 ss 116 , 174 sch ; 2005 No. 8 s 23 ; 2006 No. 59 s 50 ; 2008 No. 56 s 44 ; 2010 No. 31 s 457 ; 2012 No. 20 ss 182 , 125 sch 1 , s 281 sch 2 (amd 2013 No. 10 s 158 (2)); 2014 No. 40 s 115 ; 2014 No. 47 s 485 ; 2018 No. 24 s 97 (sec.194-ssec.1) Each mineral development licence shall be subject to— a condition that the holder must— comply with the mandatory provisions of the land access code to the extent it applies to the holder; and ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and if the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes— to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence; to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and a condition that the holder shall carry out such activities (if any) for which the mineral development licence was granted and in accordance with this Act and the conditions of the mineral development licence and for no other purpose; and a condition that the holder must carry out improvement restoration for the mineral development licence; and a condition that the holder, prior to the termination of the mineral development licence for whatever cause, shall remove all equipment and plant on or in the area of the mineral development licence unless otherwise authorised in writing by the Minister; and a condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the mineral development licence by any person in respect of the area of the mineral development licence for so long as that right of access is exercised; and a condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and a condition that the holder must, when the Minister requires, give to the Minister— a report about the mineral development licence, that is in addition to any report mentioned in paragraph (g) ; and materials obtained because of the holder’s activities under the mineral development licence; and a condition that the holder— shall pay the rental as prescribed; and shall deposit as required by the Minister any security from time to time under this Act; and a condition that the holder shall comply with this Act and other mining legislation; and such other conditions as are prescribed; and such other conditions as are determined by the Minister. (sec.194-ssec.2) Without limiting subsection (1) , the Minister may determine a condition of a mineral development licence if the Minister considers the condition is in the public interest. (sec.194-ssec.3) The holder of a mineral development licence and all persons acting under the authority of the licence shall comply with the conditions for the time being of the licence. (sec.194-ssec.4) Conditions may be imposed in respect of a mineral development licence that require compliance with specified codes or industry agreements. (sec.194-ssec.5) Despite subsections (1) , (2) and (4) , a condition must not be determined, imposed, prescribed or varied if the condition, or the condition as varied, is the same, or substantially the same, or inconsistent with, a relevant environmental condition for the mineral development licence. (sec.194-ssec.6) A mineral development licence granted after the commencement of the Mineral Resources Amendment Act 1998 is subject to a condition that the holder comply with the At Risk agreement. - (a) a condition that the holder must— (i) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and (ii) ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and - (i) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and - (ii) ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and - (b) if the holder uses land outside the boundary of the area of the mineral development licence for access to the area of the mineral development licence, a condition that the holder may use the land only for the following purposes— (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence; (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and - (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence; - (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; - (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and - (c) a condition that the holder shall carry out such activities (if any) for which the mineral development licence was granted and in accordance with this Act and the conditions of the mineral development licence and for no other purpose; and - (d) a condition that the holder must carry out improvement restoration for the mineral development licence; and - (e) a condition that the holder, prior to the termination of the mineral development licence for whatever cause, shall remove all equipment and plant on or in the area of the mineral development licence unless otherwise authorised in writing by the Minister; and - (f) a condition that without the prior approval in writing of the Minister the holder shall not obstruct or interfere with any right of access had at any time during the term of the mineral development licence by any person in respect of the area of the mineral development licence for so long as that right of access is exercised; and - (g) a condition that the holder must give the Minister, in the way prescribed by regulation, the reports, returns, documents and statements required to be given to the Minister under a regulation; and - (h) a condition that the holder must, when the Minister requires, give to the Minister— (i) a report about the mineral development licence, that is in addition to any report mentioned in paragraph (g) ; and (ii) materials obtained because of the holder’s activities under the mineral development licence; and - (i) a report about the mineral development licence, that is in addition to any report mentioned in paragraph (g) ; and - (ii) materials obtained because of the holder’s activities under the mineral development licence; and - (i) a condition that the holder— (i) shall pay the rental as prescribed; and (ii) shall deposit as required by the Minister any security from time to time under this Act; and - (i) shall pay the rental as prescribed; and - (ii) shall deposit as required by the Minister any security from time to time under this Act; and - (j) a condition that the holder shall comply with this Act and other mining legislation; and - (k) such other conditions as are prescribed; and - (l) such other conditions as are determined by the Minister. - (i) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and - (ii) ensure any other person carrying out an authorised activity for the mineral development licence complies with the mandatory provisions of the land access code; and - (i) to transport, by road across the surface of the land, something that is reasonably necessary to allow the holder to carry out an authorised activity for the mineral development licence; - (ii) to transport, by road across the surface of the land, any minerals mined under the authority of a mining tenement held by the holder; - (iii) to construct road transport infrastructure across the surface of the land that is reasonably necessary for the purpose of transporting a thing or mineral mentioned in subparagraph (i) or (ii) ; and - (i) a report about the mineral development licence, that is in addition to any report mentioned in paragraph (g) ; and - (ii) materials obtained because of the holder’s activities under the mineral development licence; and - (i) shall pay the rental as prescribed; and - (ii) shall deposit as required by the Minister any security from time to time under this Act; and