31Variation of exploration licence

### 31 Variation of exploration licence > > (1)  The Minister, with the approval of the licensee, by notice in writing, may vary the licence by – > > > > > > (a) adding to, or reducing, the area of land comprised in the licence; or > > > > > > > (b) adding a mineral or category of minerals to, or removing a mineral or category of minerals from, any mineral or category of minerals to which the licence relates. > > > (2)  On the application of a licensee, the Minister, by notice in writing, may vary the licence by – > > > > > > (a) adding to, or reducing, the area of land comprised in the licence; or > > > > > > > (b) adding a mineral or category of minerals to, or removing a mineral or category of minerals from, the minerals or category of minerals to which the licence relates. > > > (3)  If a licensee fails to comply with, or contravenes, a provision of this Act or a condition of the licence, the Minister may vary the licence by – > > > > > > (a) changing or adding any condition; or > > > > > > > (b) reducing the area of land comprised in the licence; or > > > > > > > (c) removing a mineral or category of minerals from the minerals or category of minerals to which the licence relates. > > > (4)  Before varying a licence, the Minister, by notice in writing served on the licensee, is to notify the licensee of – > > > > > > (a) the intent to vary the licence; and > > > > > > > (b) the nature of the variation; and > > > > > > > (c) the right of the licensee to make submissions in relation to the matter within a period specified in the notice. > > > (5)  A licensee may appeal to the Mining Tribunal against the Minister's decision to vary the licence within 28 days after the date of the decision. > > > (6)  The variation of the licence takes effect – > > > > > > (a) if an appeal is not made under [subsection (5)](#GS31@Gs5@EN) , 28 days after service of a notice under [subsection (4)](#GS31@Gs4@EN) ; or > > > > > > > (b) if an appeal is made under [subsection (5)](#GS31@Gs5@EN) and the Mining Tribunal makes an order affirming the decision, 10 days after the date of the order. > > > (7)  Subject to [subsection (8)](#GS31@Gs8@EN) , an area of land which was not comprised in a licence because of the operation of [section 21](#GS21@EN) [(3)](#GS21@Gs3@EN) is to be comprised in the licence when – > > > > > > (a) the area ceases to be comprised in a lease; or > > > > > > > (b) the application for a mining lease is refused or withdrawn. > > > (8)  An area of land must not be comprised in a licence under [subsection (7)](#GS31@Gs7@EN) so as the total area of land exceeds the area specified in [section 21](#GS21@EN) in respect of the relevant category of minerals.