sec.318AATDeciding application

### sec.318AAT Deciding application The Minister must decide whether or not to give the approval of the application transfer for the application. In deciding whether or not to give the approval, the Minister must consider— the application for approval and any additional information accompanying the application; and whether the transferee has the human, technical and financial resources to comply with the conditions of a mining lease under section 276 ; and the public interest. However, subsection (2) does not apply if, under subsection (5) or (6) , the approval is taken to have been given. The approval may be given only if the proposed transferee is— an eligible person; and a registered suitable operator under the Environmental Protection Act . The approval is taken to have been given if— under section 318AAR , an indicative approval has been given for the proposed transfer; and subsection (4) does not prevent the giving of the approval; and within 3 months after the giving of the indicative approval— an application for approval of the application transfer is made; and if, under section 318AAR , an indication of likely conditions was given—the conditions are complied with. The approval is also taken to have been given if— subsection (5) (a) and (b) is satisfied; and before the expiration of 6 months after the giving of the indicative approval— the applicant gives the chief executive a statement that there has been no material change relevant to the matters for which the indicative approval was given; and subsection (5) (c) (i) and (ii) is satisfied. Despite subsections (5) and (6) , the approval of the application transfer is taken not to have been given if— the request for indicative approval contained incorrect material information or omitted material information; and had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval. s 318AAT ins 2012 No. 20 s 216 (amd 2013 No. 10 s 151 (3) ) sub 2014 No. 47 s 364 (sec.318AAT-ssec.1) The Minister must decide whether or not to give the approval of the application transfer for the application. (sec.318AAT-ssec.2) In deciding whether or not to give the approval, the Minister must consider— the application for approval and any additional information accompanying the application; and whether the transferee has the human, technical and financial resources to comply with the conditions of a mining lease under section 276 ; and the public interest. (sec.318AAT-ssec.3) However, subsection (2) does not apply if, under subsection (5) or (6) , the approval is taken to have been given. (sec.318AAT-ssec.4) The approval may be given only if the proposed transferee is— an eligible person; and a registered suitable operator under the Environmental Protection Act . (sec.318AAT-ssec.5) The approval is taken to have been given if— under section 318AAR , an indicative approval has been given for the proposed transfer; and subsection (4) does not prevent the giving of the approval; and within 3 months after the giving of the indicative approval— an application for approval of the application transfer is made; and if, under section 318AAR , an indication of likely conditions was given—the conditions are complied with. (sec.318AAT-ssec.6) The approval is also taken to have been given if— subsection (5) (a) and (b) is satisfied; and before the expiration of 6 months after the giving of the indicative approval— the applicant gives the chief executive a statement that there has been no material change relevant to the matters for which the indicative approval was given; and subsection (5) (c) (i) and (ii) is satisfied. (sec.318AAT-ssec.7) Despite subsections (5) and (6) , the approval of the application transfer is taken not to have been given if— the request for indicative approval contained incorrect material information or omitted material information; and had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval. - (a) the application for approval and any additional information accompanying the application; and - (b) whether the transferee has the human, technical and financial resources to comply with the conditions of a mining lease under section 276 ; and - (c) the public interest. - (a) an eligible person; and - (b) a registered suitable operator under the Environmental Protection Act . - (a) under section 318AAR , an indicative approval has been given for the proposed transfer; and - (b) subsection (4) does not prevent the giving of the approval; and - (c) within 3 months after the giving of the indicative approval— (i) an application for approval of the application transfer is made; and (ii) if, under section 318AAR , an indication of likely conditions was given—the conditions are complied with. - (i) an application for approval of the application transfer is made; and - (ii) if, under section 318AAR , an indication of likely conditions was given—the conditions are complied with. - (i) an application for approval of the application transfer is made; and - (ii) if, under section 318AAR , an indication of likely conditions was given—the conditions are complied with. - (a) subsection (5) (a) and (b) is satisfied; and - (b) before the expiration of 6 months after the giving of the indicative approval— (i) the applicant gives the chief executive a statement that there has been no material change relevant to the matters for which the indicative approval was given; and (ii) subsection (5) (c) (i) and (ii) is satisfied. - (i) the applicant gives the chief executive a statement that there has been no material change relevant to the matters for which the indicative approval was given; and - (ii) subsection (5) (c) (i) and (ii) is satisfied. - (i) the applicant gives the chief executive a statement that there has been no material change relevant to the matters for which the indicative approval was given; and - (ii) subsection (5) (c) (i) and (ii) is satisfied. - (a) the request for indicative approval contained incorrect material information or omitted material information; and - (b) had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval.