41AWhen Minister may grant application

41A When Minister may grant application

[Section 41A Inserted by No. 24 of 2013, s. 41, Applied:28 Jun 2013]

(1)  The Minister may only grant an application for a licence if the Minister is satisfied that the applicant –

(a) has –

(i) sufficient technical and financial resources; or

(ii) obtained an agreement, contract, or other arrangement, with another person to ensure the provision of sufficient technical and financial resources –

to enable the carrying out of the program of work in relation to the application for the first 2 years after the application for the licence is granted; and

(b) [Section 41A Subsection (1) amended by No. 44 of 2017, s. 14, Applied:21 Nov 2017] is likely to have sufficient technical and financial resources to enable the carrying out of the program of work for the remainder of the period of the licence after the first 2 years after the application for the licence is granted; and

(c) [Section 41A Subsection (1) amended by No. 44 of 2017, s. 14, Applied:21 Nov 2017] has provided a copy of the applicant's current public liability insurance policy.

(2)  The Minister may refuse to grant an application for a licence by an applicant if the Minister is of the opinion that the application ought to be refused because –

(a) of significant, or repeated, breaches of this Act or the regulations by –

(i) the applicant; or

(ii) a person, authorised or employed by the applicant, who committed the breach, or breaches, in relation to activities under a licence of any kind, or a lease, of the applicant; or

(b) the applicant has failed to comply with the conditions subject to which an application under this Act by the applicant for a licence of any kind, or a lease, was granted; or

(c) the applicant has failed to substantially carry out as much of a work program, development plan, field development plan, or mining plan, in relation to a licence of any kind, or a lease, of the applicant, as ought reasonably be expected to have been carried out at the time the application is made.