sec.317ZIProvisions for preferred tenderers

### sec.317ZI Provisions for preferred tenderers The Minister may require a preferred tenderer for a call for mining lease tenders to— pay any amounts necessarily incurred, or to be incurred, to enable an application for the mining lease to be granted; and amounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P do all or any of the following within a stated reasonable period— give, under section 277 , security for the lease; pay the rental for the first year of the term of the lease under section 290 . The Minister may revoke a preferred tenderer’s appointment as the preferred tenderer if the tenderer does not— apply for a mining lease within— the application period mentioned in the notice given to the tenderer under section 317ZH ; or a longer period decided by the Minister on the application of the preferred tenderer; or comply with a requirement under subsection (1) ; or do all things reasonably necessary to allow an application for a mining lease to be granted to the tenderer. However, before acting under subsection (2) , the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to— apply for the mining lease; or comply with a requirement under subsection (1) or (2) (c) . If the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may— retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and appoint another tenderer to be the preferred tenderer. s 317ZI ins 2020 No. 14 s 142 (sec.317ZI-ssec.1) The Minister may require a preferred tenderer for a call for mining lease tenders to— pay any amounts necessarily incurred, or to be incurred, to enable an application for the mining lease to be granted; and amounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P do all or any of the following within a stated reasonable period— give, under section 277 , security for the lease; pay the rental for the first year of the term of the lease under section 290 . (sec.317ZI-ssec.2) The Minister may revoke a preferred tenderer’s appointment as the preferred tenderer if the tenderer does not— apply for a mining lease within— the application period mentioned in the notice given to the tenderer under section 317ZH ; or a longer period decided by the Minister on the application of the preferred tenderer; or comply with a requirement under subsection (1) ; or do all things reasonably necessary to allow an application for a mining lease to be granted to the tenderer. (sec.317ZI-ssec.3) However, before acting under subsection (2) , the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to— apply for the mining lease; or comply with a requirement under subsection (1) or (2) (c) . (sec.317ZI-ssec.4) If the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may— retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and appoint another tenderer to be the preferred tenderer. - (a) pay any amounts necessarily incurred, or to be incurred, to enable an application for the mining lease to be granted; and Example— amounts required to comply with the Commonwealth Native Title Act , part 2 , division 3 , subdivision P - (b) do all or any of the following within a stated reasonable period— (i) give, under section 277 , security for the lease; (ii) pay the rental for the first year of the term of the lease under section 290 . - (i) give, under section 277 , security for the lease; - (ii) pay the rental for the first year of the term of the lease under section 290 . - (i) give, under section 277 , security for the lease; - (ii) pay the rental for the first year of the term of the lease under section 290 . - (a) apply for a mining lease within— (i) the application period mentioned in the notice given to the tenderer under section 317ZH ; or (ii) a longer period decided by the Minister on the application of the preferred tenderer; or - (i) the application period mentioned in the notice given to the tenderer under section 317ZH ; or - (ii) a longer period decided by the Minister on the application of the preferred tenderer; or - (b) comply with a requirement under subsection (1) ; or - (c) do all things reasonably necessary to allow an application for a mining lease to be granted to the tenderer. - (i) the application period mentioned in the notice given to the tenderer under section 317ZH ; or - (ii) a longer period decided by the Minister on the application of the preferred tenderer; or - (a) apply for the mining lease; or - (b) comply with a requirement under subsection (1) or (2) (c) . - (a) retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and - (b) appoint another tenderer to be the preferred tenderer.