38Cancellation of licence

38 Cancellation of licence

(1) The Minister may cancel a licence, by instrument served on the licensee, if—

(a) the Minister has given the licensee 28 days' written notice of his or her intention to cancel the licence and has, in that notice, requested the licensee to provide reasons why the licence should not be cancelled; and

S. 38(1)(b) amended by No. 82/2000 s. 33(1)(a).

(b) at the end of the 28 days the Minister is satisfied that—

S. 38(1)(b)(i) amended by Nos 86/1993 s. 17(1)(a), 82/2000 s. 33(1)(b).

(i) the licensee has not substantially complied with—

(A) this Act or the regulations; or

S. 38(1) (b)(i)(B) amended by No. 63/2006 s. 23(1).

(B) any condition to which the licence or the work plan is subject or any condition specified under section 44; or

(C) any relevant planning scheme or permit; or

S. 38(1)(b)(ii) amended by No. 82/2000 s. 33(1)(b).

(ii) the licensee has unreasonably delayed in trying to obtain any necessary consent or other authority; or

S. 38(1)(b)(iii) amended by No. 82/2000 s. 33(1)(b), repealed by No. 14/2025 s. 45.

S. 38(1)(b)(iiia) inserted by No. 59/2010 s. 22(1).

(iiia) subject to subsection (1AA), in the case of a licensee who is a holder of a mining licence, the licensee has stopped mining on land covered by the licence and has not carried out any mining on that land for a continuous period of 2 years; or

S. 38(1)(b)(iv) amended by No. 82/2000 s. 33(1)(b).

(iv) the licensee has endangered the public or an employee on or near the land covered by the licence; or

S. 38(1)(b)(v) amended by No. 82/2000 s. 33(1)(b).

(v) the licensee has undertaken work on land otherwise than in accordance with the work plan; or

S. 38(1)(b)(vi) amended by Nos 86/1993 s. 17(1)(b), 82/2000 s. 33(1)(c)(d), substituted by No. 68/2014 s. 38.

(vi) subject to subsection (1A), the licensee no longer complies with section 15(6)(a), (b), (ba), (c) or (d); or

S. 38(1)(b)(vii) inserted by No. 82/2000 s. 33(1)(d).

(vii) the area covered by the licence is depleted of minerals to the extent that it is no longer feasible to mine that area; or

(1)(b)(viia) inserted by No. 59/2010 s. 22(2).

(viia) in the case of a retention licence, that the mining of a mineral resource to which the retention licence relates would not be economically viable in the future; or

(1)(b)(viib) inserted by No. 59/2010 s. 22(2).

(viib) in the case of a retention licence, the licensee is unlikely to undertake economically viable mining of a mineral resource to which the retention licence relates in the future; or