sec.308Contravention by holder of mining lease

### sec.308 Contravention by holder of mining lease If the Minister considers that the holder of a mining lease— has carried out activities that are not bona fide for the purposes for which the mining lease was granted; or has failed to pay the royalty or any other moneys payable thereunder (other than rental) or in respect thereof by the due date for payment; or has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mining lease, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ; the Minister may— cancel the mining lease; or impose on the holder a penalty not exceeding 1,500 penalty units. If the Minister considers that the holder of a mining lease— in any rental year has failed after notice given to the holder in accordance with section 290 (5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mining lease; or has failed to pay a penalty imposed on the holder pursuant to subsection (1) (e) within the time allowed for the payment by the Minister; the Minister may cancel the mining lease. The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the mining lease, called upon the holder to show cause within the time specified therein why the mining lease should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in respect of the mining lease at the person’s address last recorded by the chief executive and such cause has not been shown to the satisfaction of the Minister. When the Minister pursuant to this section cancels a mining lease the Minister shall notify the holder and every person who holds a recorded interest in respect of the mining lease accordingly stating the reason for the cancellation. The cancellation of a mining lease under this section shall take effect on the day next following the Minister’s determination to cancel the mining lease. s 308 amd 1995 No. 21 s 3 sch ; 2000 No. 64 s 155 ; 2008 No. 56 s 66 ; 2012 No. 20 s 281 sch 2 ; 2013 No. 10 s 193 sch 1 (sec.308-ssec.1) If the Minister considers that the holder of a mining lease— has carried out activities that are not bona fide for the purposes for which the mining lease was granted; or has failed to pay the royalty or any other moneys payable thereunder (other than rental) or in respect thereof by the due date for payment; or has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mining lease, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ; the Minister may— cancel the mining lease; or impose on the holder a penalty not exceeding 1,500 penalty units. (sec.308-ssec.2) If the Minister considers that the holder of a mining lease— in any rental year has failed after notice given to the holder in accordance with section 290 (5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mining lease; or has failed to pay a penalty imposed on the holder pursuant to subsection (1) (e) within the time allowed for the payment by the Minister; the Minister may cancel the mining lease. (sec.308-ssec.3) The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the mining lease, called upon the holder to show cause within the time specified therein why the mining lease should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in respect of the mining lease at the person’s address last recorded by the chief executive and such cause has not been shown to the satisfaction of the Minister. (sec.308-ssec.4) When the Minister pursuant to this section cancels a mining lease the Minister shall notify the holder and every person who holds a recorded interest in respect of the mining lease accordingly stating the reason for the cancellation. (sec.308-ssec.5) The cancellation of a mining lease under this section shall take effect on the day next following the Minister’s determination to cancel the mining lease. - (a) has carried out activities that are not bona fide for the purposes for which the mining lease was granted; or - (b) has failed to pay the royalty or any other moneys payable thereunder (other than rental) or in respect thereof by the due date for payment; or - (c) has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the mining lease, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ; - (d) cancel the mining lease; or - (e) impose on the holder a penalty not exceeding 1,500 penalty units. - (a) in any rental year has failed after notice given to the holder in accordance with section 290 (5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mining lease; or - (b) has failed to pay a penalty imposed on the holder pursuant to subsection (1) (e) within the time allowed for the payment by the Minister;