sec.210Surrender of mineral development licence

### sec.210 Surrender of mineral development licence The holder of a mineral development licence may apply to surrender the mineral development licence or any part of the area of the mineral development licence at any time before the expiration of its term. The holder of a mineral development licence who desires to surrender a mineral development licence or any part of the area of the mineral development licence shall lodge with the chief executive— a notice of surrender in the approved form; and in the case of a surrender of part of the area of a mineral development licence— a plan prepared in a manner acceptable to the chief executive of that part of the area to be retained in the mineral development licence; and a definition of the boundary of the area to be retained; and Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. if land, other than land in the area of the mineral development licence, is required to access the surface area of the land in the area to be retained—a definition of the boundary of the area of that land; and the fee prescribed under a regulation. A purported surrender of a mineral development licence or of any part of the area of a mineral development licence shall not be effective unless— the holder has complied with this section; and the Minister consents to the surrender; and shall, except in the case of a surrender referred to in subsection (13) , take effect on the day next following the Minister’s consent. However, the Minister may give the consent only if the Minister is satisfied— the holder has complied with the condition to carry out improvement restoration for the mineral development licence; and the 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 mineral development licence. The holder must comply with the directions. Maximum penalty—500 penalty units. If part of the area of a mineral development licence is surrendered under this section— the chief executive must record in the register the details of the surrender; and the licence continues in force for the part of the area not surrendered. Upon a surrender of a mineral development licence, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister. Where any moneys are specified pursuant to subsection (9) as a debt due to the Crown, the Minister may direct that the security deposited in accordance with section 190 may be utilised for payment thereof. Any moneys specified pursuant to subsection (9) by the Minister to be payable or that part thereof not recovered under subsection (10) shall be a debt due by the person specified as liable to pay to the Crown. In an action under subsection (11) for recovery of a debt due to the Crown, the production of a certificate by the chief executive certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof. Where, at the time when the holder of a mineral development licence purports to surrender the mineral development licence or a part of the area of the mineral development licence, the holder applies for a new mineral development licence for the whole or part of the area of the current mineral development licence the purported surrender shall take effect immediately prior to the grant of the new mineral development licence. s 210 amd 1995 No. 21 ss 60 , 3 sch ; 1999 No. 7 s 87 sch 3 ; 2000 No. 64 ss 122 , 174 sch ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2012 No. 16 s 78 sch ; 2014 No. 47 s 426 ; 2018 No. 24 s 102 (sec.210-ssec.1) The holder of a mineral development licence may apply to surrender the mineral development licence or any part of the area of the mineral development licence at any time before the expiration of its term. (sec.210-ssec.3) The holder of a mineral development licence who desires to surrender a mineral development licence or any part of the area of the mineral development licence shall lodge with the chief executive— a notice of surrender in the approved form; and in the case of a surrender of part of the area of a mineral development licence— a plan prepared in a manner acceptable to the chief executive of that part of the area to be retained in the mineral development licence; and a definition of the boundary of the area to be retained; and Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. if land, other than land in the area of the mineral development licence, is required to access the surface area of the land in the area to be retained—a definition of the boundary of the area of that land; and the fee prescribed under a regulation. (sec.210-ssec.4) A purported surrender of a mineral development licence or of any part of the area of a mineral development licence shall not be effective unless— the holder has complied with this section; and the Minister consents to the surrender; and shall, except in the case of a surrender referred to in subsection (13) , take effect on the day next following the Minister’s consent. (sec.210-ssec.5) However, the Minister may give the consent only if the Minister is satisfied— the holder has complied with the condition to carry out improvement restoration for the mineral development licence; and the relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act . (sec.210-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 mineral development licence. (sec.210-ssec.7) The holder must comply with the directions. Maximum penalty—500 penalty units. (sec.210-ssec.8) If part of the area of a mineral development licence is surrendered under this section— the chief executive must record in the register the details of the surrender; and the licence continues in force for the part of the area not surrendered. (sec.210-ssec.9) Upon a surrender of a mineral development licence, all adjustments between the holder and the Crown in respect of the payment of rental, fees and other moneys shall be at the discretion of the Minister. (sec.210-ssec.10) Where any moneys are specified pursuant to subsection (9) as a debt due to the Crown, the Minister may direct that the security deposited in accordance with section 190 may be utilised for payment thereof. (sec.210-ssec.11) Any moneys specified pursuant to subsection (9) by the Minister to be payable or that part thereof not recovered under subsection (10) shall be a debt due by the person specified as liable to pay to the Crown. (sec.210-ssec.12) In an action under subsection (11) for recovery of a debt due to the Crown, the production of a certificate by the chief executive certifying the amount of that debt shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the debt and the amount thereof. (sec.210-ssec.13) Where, at the time when the holder of a mineral development licence purports to surrender the mineral development licence or a part of the area of the mineral development licence, the holder applies for a new mineral development licence for the whole or part of the area of the current mineral development licence the purported surrender shall take effect immediately prior to the grant of the new mineral development licence. - (a) a notice of surrender in the approved form; and - (b) in the case of a surrender of part of the area of a mineral development licence— (i) a plan prepared in a manner acceptable to the chief executive of that part of the area to be retained in the mineral development licence; and (ii) a definition of the boundary of the area to be retained; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. (iii) if land, other than land in the area of the mineral development licence, is required to access the surface area of the land in the area to be retained—a definition of the boundary of the area of that land; and - (i) a plan prepared in a manner acceptable to the chief executive of that part of the area to be retained in the mineral development licence; and - (ii) a definition of the boundary of the area to be retained; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. - (iii) if land, other than land in the area of the mineral development licence, is required to access the surface area of the land in the area to be retained—a definition of the boundary of the area of that land; and - (c) the fee prescribed under a regulation. - (i) a plan prepared in a manner acceptable to the chief executive of that part of the area to be retained in the mineral development licence; and - (ii) a definition of the boundary of the area to be retained; and Note— Section 386R sets out the requirements for defining the boundary of the area of a proposed mining tenement. - (iii) if land, other than land in the area of the mineral development licence, is required to access the surface area of the land in the area to be retained—a definition of the boundary of the area of that land; and - (a) the holder has complied with this section; and - (b) the Minister consents to the surrender; - (a) the holder has complied with the condition to carry out improvement restoration for the mineral development licence; and - (b) the relevant environmental authority has been cancelled or surrendered under the Environmental Protection Act . - (a) the chief executive must record in the register the details of the surrender; and - (b) the licence continues in force for the part of the area not surrendered.