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) , 28 days after service of a notice under subsection (4) ; or