QLDIn ForceAct
Mineral Resources Act 1989
sec.225Direction to apply for mining lease
Start here
Get a plain-English read of sec.225
Turn the raw legal text into a practical explanation grounded in Mineral Resources Act 1989.
### sec.225 Direction to apply for mining lease
If, at any time during the currency of a mineral development licence, the Minister is of the opinion that actual mining operations should commence on any part of the area of the licence, the Minister shall give to the holder written notice directing the holder to indicate, within the time specified in the notice, why the holder should not apply for a mining lease for that purpose.
If the holder of a mineral development licence to whom a notice under subsection (1) has been given does not, within the time specified in the notice, or such longer time as the Minister in writing may approve, reply to the notice, or the Minister, on considering the holder’s reply, is not satisfied that the holder should not apply for a mining lease, the Minister may give the holder a further written notice directing the holder, within the time specified in the notice or such extended time as the Minister in writing may approve, to apply for such a mining lease.
If the holder to whom a notice under subsection (2) is given does not apply for a mining lease as directed within the specified time or such extended time, the Minister may in the Minister’s discretion cancel the mineral development licence.
Upon the cancellation of a mineral development licence pursuant to subsection (3) land in the area of the mineral development licence does not become part of the area of any current exploration permit.
Any refund of moneys held in respect of a mineral development licence that is cancelled pursuant to subsection (3) (including any security deposited) shall be at the Minister’s discretion.
s 225 amd 2005 No. 8 s 2 sch ; 2012 No. 20 s 125 sch 1
(sec.225-ssec.1) If, at any time during the currency of a mineral development licence, the Minister is of the opinion that actual mining operations should commence on any part of the area of the licence, the Minister shall give to the holder written notice directing the holder to indicate, within the time specified in the notice, why the holder should not apply for a mining lease for that purpose.
(sec.225-ssec.2) If the holder of a mineral development licence to whom a notice under subsection (1) has been given does not, within the time specified in the notice, or such longer time as the Minister in writing may approve, reply to the notice, or the Minister, on considering the holder’s reply, is not satisfied that the holder should not apply for a mining lease, the Minister may give the holder a further written notice directing the holder, within the time specified in the notice or such extended time as the Minister in writing may approve, to apply for such a mining lease.
(sec.225-ssec.3) If the holder to whom a notice under subsection (2) is given does not apply for a mining lease as directed within the specified time or such extended time, the Minister may in the Minister’s discretion cancel the mineral development licence.
(sec.225-ssec.4) Upon the cancellation of a mineral development licence pursuant to subsection (3) land in the area of the mineral development licence does not become part of the area of any current exploration permit.
(sec.225-ssec.5) Any refund of moneys held in respect of a mineral development licence that is cancelled pursuant to subsection (3) (including any security deposited) shall be at the Minister’s discretion.