QLDIn ForceAct
Mineral Resources Act 1989
sec.197CContinuation of licence while application being dealt with
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### sec.197C Continuation of licence while application being dealt with
This section applies to an application for renewal of a mineral development licence if—
the application is not withdrawn, refused or granted before the licence’s expiry day ends; and
after the expiry day, the holder—
continues to pay rental on the licence and other amounts required to be paid under this Act; and
otherwise complies with this Act and the licence conditions.
If the application is a properly made application, the licence continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.
If the application is an outstanding request application, the licence continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until either of the following days, whichever happens first—
the application is withdrawn;
the period in which the action that must be taken under section 386K (1) ends.
In this section—
outstanding request application , for renewal of a mineral development licence, means an application—
that complies with section 197 (2) (a) and (b) , but does not comply with all or part of section 197 (2) (c) ; and
for which—
the chief executive has given a notice under section 386J (1) ; and
the period to comply with the notice under section 386K (1) ends after the licence expiry day; and
the notice has not been complied with.
properly made application , for renewal of a licence, means an application that complies with all of section 197 (2) .
s 197C ins 2005 No. 8 s 24
sub 2008 No. 56 s 49
amd 2012 No. 20 s 184
(sec.197C-ssec.1) This section applies to an application for renewal of a mineral development licence if— the application is not withdrawn, refused or granted before the licence’s expiry day ends; and after the expiry day, the holder— continues to pay rental on the licence and other amounts required to be paid under this Act; and otherwise complies with this Act and the licence conditions.
(sec.197C-ssec.2) If the application is a properly made application, the licence continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until the application is withdrawn, refused or granted.
(sec.197C-ssec.3) If the application is an outstanding request application, the licence continues in force subject to the rights, entitlements and obligations in effect immediately before the end of the expiry day until either of the following days, whichever happens first— the application is withdrawn; the period in which the action that must be taken under section 386K (1) ends.
(sec.197C-ssec.4) In this section— outstanding request application , for renewal of a mineral development licence, means an application— that complies with section 197 (2) (a) and (b) , but does not comply with all or part of section 197 (2) (c) ; and for which— the chief executive has given a notice under section 386J (1) ; and the period to comply with the notice under section 386K (1) ends after the licence expiry day; and the notice has not been complied with. properly made application , for renewal of a licence, means an application that complies with all of section 197 (2) .
- (a) the application is not withdrawn, refused or granted before the licence’s expiry day ends; and
- (b) after the expiry day, the holder— (i) continues to pay rental on the licence and other amounts required to be paid under this Act; and (ii) otherwise complies with this Act and the licence conditions.
- (i) continues to pay rental on the licence and other amounts required to be paid under this Act; and
- (ii) otherwise complies with this Act and the licence conditions.
- (i) continues to pay rental on the licence and other amounts required to be paid under this Act; and
- (ii) otherwise complies with this Act and the licence conditions.
- (a) the application is withdrawn;
- (b) the period in which the action that must be taken under section 386K (1) ends.
- (a) that complies with section 197 (2) (a) and (b) , but does not comply with all or part of section 197 (2) (c) ; and
- (b) for which— (i) the chief executive has given a notice under section 386J (1) ; and (ii) the period to comply with the notice under section 386K (1) ends after the licence expiry day; and (iii) the notice has not been complied with.
- (i) the chief executive has given a notice under section 386J (1) ; and
- (ii) the period to comply with the notice under section 386K (1) ends after the licence expiry day; and
- (iii) the notice has not been complied with.
- (i) the chief executive has given a notice under section 386J (1) ; and
- (ii) the period to comply with the notice under section 386K (1) ends after the licence expiry day; and
- (iii) the notice has not been complied with.