78AWhen Minister may grant application

### 78A When Minister may grant application > [*\[Section 78A Inserted by No. 24 of 2013, s. 83, Applied:28 Jun 2013\]*](/view/html/inforce/2013-06-28/act-2013-024#GS83@EN) > > > (1)  The Minister may only grant an application for a lease if the Minister is satisfied that the applicant – > > > > > > (a) has demonstrated that there is a sufficient quantity of minerals to justify mining; and > > > > > > > (b) intends to carry out mining operations under the lease; and > > > > > > > (c) intends to comply with this Act; and > > > > > > > (d) has an appropriate mining plan; and > > > > > > > (e) is likely to have sufficient financial and technical resources to carry out the mining plan; and > > > > > > > (f) [*\[Section 78A Subsection (1) amended by No. 44 of 2017, s. 32, Applied:21 Nov 2017\]*](/view/html/inforce/2017-11-21/act-2017-044#GS32@EN) has provided a copy of the applicant's current public liability insurance policy; and > > > > > > > (g) has provided a security deposit. > > > (2)  The Minister may only grant an application for a lease 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. > > > (3)  [Subsection (2)](#GS78A@Gs2@EN) does not apply to the prescribed area of land in the municipal area of West Tamar that is more than 15 metres from the surface of the land. > > > (4)  The Minister may refuse to grant an application for a lease 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. > > > (5)  The Minister may refuse to grant an application for a lease 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 mining operations under the lease to occur, it is in the best interests of the State not to grant the application for the lease; or > > > > > > > (b) it is desirable to preserve the minerals in the area of land to which the lease would relate so as to enable their exploitation at a period in the future other than the period in which mining by the applicant in respect of the area of land would occur.