sec.223Chief executive may recommend action to ease concerns or other action

### sec.223 Chief executive may recommend action to ease concerns or other action If the chief executive considers a mineral development licence holder should take stated action to ease concerns of an owner of land or another mineral development licence holder, or should take some other action, the chief executive may recommend the action to the Minister. The Minister may give the mineral development licence holder the directions the Minister considers appropriate about the recommended action. A failure by the holder to comply with the Minister’s directions is taken to be a breach of a condition of the mineral development licence. If the Minister gives a direction under subsection (2) , the chief executive must give a copy to— if the recommended action under subsection (1) relates only to native title protection conditions under section 194AAA —any person identified in the conditions as a native title party; or if the recommended action under subsection (1) relates only partly to the native title protection conditions— any person identified in the conditions as a native title party; and the owner of the land; or otherwise—the owner of the land. If the recommended action under subsection (1) is action to ease concerns of an owner of land or another mineral development licence holder, the chief executive must give the owner and the other mineral development licence holder written notice of— the substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and any other action the chief executive has taken to ease the concerns of the owner or mineral development licence holder. s 223 ins 1995 No. 21 s 63 amd 2003 No. 77 s 100 ; 2013 No. 10 s 193 sch 1 (sec.223-ssec.1) If the chief executive considers a mineral development licence holder should take stated action to ease concerns of an owner of land or another mineral development licence holder, or should take some other action, the chief executive may recommend the action to the Minister. (sec.223-ssec.2) The Minister may give the mineral development licence holder the directions the Minister considers appropriate about the recommended action. (sec.223-ssec.3) A failure by the holder to comply with the Minister’s directions is taken to be a breach of a condition of the mineral development licence. (sec.223-ssec.4) If the Minister gives a direction under subsection (2) , the chief executive must give a copy to— if the recommended action under subsection (1) relates only to native title protection conditions under section 194AAA —any person identified in the conditions as a native title party; or if the recommended action under subsection (1) relates only partly to the native title protection conditions— any person identified in the conditions as a native title party; and the owner of the land; or otherwise—the owner of the land. (sec.223-ssec.5) If the recommended action under subsection (1) is action to ease concerns of an owner of land or another mineral development licence holder, the chief executive must give the owner and the other mineral development licence holder written notice of— the substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and any other action the chief executive has taken to ease the concerns of the owner or mineral development licence holder. - (a) if the recommended action under subsection (1) relates only to native title protection conditions under section 194AAA —any person identified in the conditions as a native title party; or - (b) if the recommended action under subsection (1) relates only partly to the native title protection conditions— (i) any person identified in the conditions as a native title party; and (ii) the owner of the land; or - (i) any person identified in the conditions as a native title party; and - (ii) the owner of the land; or - (c) otherwise—the owner of the land. - (i) any person identified in the conditions as a native title party; and - (ii) the owner of the land; or - (a) the substance of any recommendation made to the Minister under subsection (1) or, if the chief executive decides not to make a recommendation, the chief executive’s decision; and - (b) any other action the chief executive has taken to ease the concerns of the owner or mineral development licence holder.