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in trying to obtain any necessary consent or other authority; or S. 38(1)(b)(iii) amended by No. 82/2000 s. 33(1)(b), repealed by No. 14/2025 s. 45.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 (1)(b)(viic) inserted by No. 59/2010 s. 22(2). (viic) in the case of a retention licence, the licensee has failed to comply with a requirement under section 112A; or S. 38(1)(b)(viii) inserted by No. 82/2000 s. 33(1)(d). (viii) it is not feasible to mine minerals in the area covered by the licence and will not be feasible to do so in the foreseeable future. S. 38(1AA) inserted by No. 59/2010 s. 22(3). (1AA) Subsection (1)(b)(iiia) applies only to a period referred to in that subparagraph that commences on or after the day on which section 22(1) of the **Mineral Resources Amendment (Sustainable Development) Act 2010** comes into operation. S. 38(1A) inserted by No. 86/1993 s. 17(2), amended by Nos 82/2000 s. 33(2), 53/2011 s. 5. (1A) The Minister must not cancel a licence under subsection (1) because of non-compliance with section 15(6)(ba) if the Minister waived compliance by the licensee with that section under section 31(1) or 33(3A) (as the case requires). S. 38(1B) inserted by No. 86/1993 s. 17(2). (1B) The Minister may cancel a licence, by instrument served on the licensee— S. 38(1B)(a) amended by No. 82/2000 s. 33(3), substituted by No. 10/2014 s. 12(1). (a) in the case of a mining licence, if the licensee has not lodged a work plan within 12 months (or any longer period allowed by the Minister) after the licence was granted; or S. 38(1B)(ab) inserted by No. 32/2019 s. 6. (ab) in the case of a mining licence relating to declared mine land, if the declared mine licensee has not complied with a declared mine rehabilitation plan; or S. 38(1B)(b) amended by Nos 82/2000 s. 61(b), 6/2009 s. 14. (b) in the case of an exploration licence if the licensee has not commenced work within 3 months (or any longer period allowed by the Minister) after notifying the Chief Inspector under section 43(1)(d)(i) of the licensee's intention to commence work. S. 38(2) repealed by No. 63/2006 s. 23(2). S. 38(2A) inserted by No. 82/2000 s. 33(4), amended by No. 10/2014 s. 12(2). (2A) The Minister must, by instrument served on the licensee, cancel a mining licence if a work plan is not approved for that licence within 18 months after the date the approval of the licence is registered, unless the Minister is satisfied that— S. 38(2A)(a) amended by No. 10/2014 s. 12(2)(a)(c). (a) the licensee has been unable to obtain the consents and authorities needed to enable the approval of the work plan, despite genuine attempts to do so; or S. 38(2A)(b) amended by No. 10/2014 s. 12(2)(a)(c). (b) exceptional circumstances exist that have been instrumental in precluding the approval of the work plan. (3) A cancellation has no effect until the instrument of cancellation is registered. S. 38A inserted by No. 82/2000 s. 34.