67IWhen Minister may grant application

### 67I When Minister may grant application > > (1)  The Minister may only grant an application for a licence if the Minister is satisfied that the applicant – > > > > > > (a) intends to undertake production of Category 4 minerals or Category 6 minerals; and > > > > > > > (b) intends to comply with this Act; and > > > > > > > (c) has an appropriate plan of development or plan of field development; and > > > > > > > (d) has provided sufficient information relating to the likely impact on the environment of activities under the licence; and > > > > > > > (da) [*\[Section 67I Subsection (1) amended by No. 44 of 2017, s. 26, Applied:21 Nov 2017\]*](/view/html/inforce/2017-11-21/act-2017-044#GS26@EN) has provided a copy of the applicant's current public liability insurance policy; and > > > > > > > (e) has provided a security deposit; and > > > > > > > (f) has provided any other information requested by the Director. > > > (2)  The Minister may only grant an application for a licence in respect of a Category 4 mineral if the applicant satisfies the Minister that the licence, if issued, would relate to a petroleum reservoir, or reservoirs, containing sufficient petroleum to enable the production of the petroleum, on the scale proposed, to be feasible. > > > (3)  The Minister may only grant an application for a licence in respect of a Category 6 mineral if the applicant satisfies the Minister that – > > > > > > (a) the geothermal resources to which the licence is to relate exist; and > > > > > > > (b) the production of geothermal energy on the scale proposed is feasible. > > > (4)  The Minister may only grant an application for a licence in respect of private land if the Minister is satisfied that – > > > > > > (a) the applicant has entered into a compensation agreement with the owner or occupier of the land; or > > > > > > > (b) the Mining Tribunal has determined under [section 150](#GS150@EN) the rate at which compensation is payable to the owner or occupier of the land. > > > (5)  The Minister may only grant an application for a licence if the Minister is satisfied that the applicant has – > > > > > > (a) sufficient technical and financial resources; or > > > > > > > (b) 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 proposed plan of development or proposed plan of field development. > > > (6)  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 to be expected to have been carried out at the time the application is made. > > > (7)  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) taking into account the risks and benefits to the State of allowing production activities under the licence to occur, it is in the best interests of the State not to grant the application for the licence; or > > > > > > > (b) it is desirable to preserve the minerals in the area of land to which the licence would relate so as to enable their exploitation in the future.