38ADecrease in area under exploration licence

38A Decrease in area under exploration licence (1) On the second anniversary of the initial registration of an exploration licence, the Minister must, unless he or she decides otherwise, cancel the licence in relation to at least 25% of the total number of graticular sections (in one or more areas each comprising whole graticular sections only) covered by the licence. S. 38A(2) amended by No. 68/2014 s. 39(1)(a). (2) On the fourth anniversary of the initial registration of an exploration licence, the Minister must, unless he or she decides otherwise, cancel the licence in relation to at least a further 35% of the total number of graticular sections (in one or more areas each comprising whole graticular sections only) covered by the licence. S. 38A(2A) inserted by No. 59/2010 s. 21, amended by No. 68/2014 s. 39(1)(a). (2A) On the seventh anniversary of the initial registration of an exploration licence, the Minister must, unless he or she decides otherwise, cancel the licence in relation to at least a further 20% of the total number of graticular sections (in one or more areas each comprising whole graticular sections only) covered by the licence. S. 38A(2B) inserted by No. 59/2010 s. 21, amended by No. 68/2014 s. 39(1)(a). (2B) On the tenth anniversary of the initial registration of an exploration licence, the Minister must, unless he or she decides otherwise, cancel the licence in relation to at least a further 10% of the total number of graticular sections (in one or more areas each comprising whole graticular sections only) covered by the licence. (3) The areas in relation to which a licence is to be cancelled under this section— (a) are to be those identified by the licensee in a notice given to the Minister at least 30 days before the relevant anniversary; or (b) in the absence of such a notice, are to be chosen by the Minister. (4) At least 60 days before the relevant anniversary, the Minister must give the licensee a written notice inviting the licensee to nominate the areas to be cancelled under this section (unless the Minister does not intend to cancel any area in relation to the licence). (5) In calculating the area to be cancelled— (a) any part of a graticular section covered by the licence, and any fraction of a graticular section that remains after calculating the area to be cancelled, must be treated as a whole graticular section; and S. 38A(5)(b) amended by No. 68/2014 s. 39(1)(b). (b) if the licensee holds 2 or more exploration licences, the combined areas covered by the licences may, at the Minister's discretion, be treated as a single area. S. 38A(6) inserted by No. 68/2014 s. 39(2). (6) In this section, a reference to the total number of graticular sections covered by a licence is a reference to— (a) if the licence has not been amalgamated with another licence, the number of graticular sections covered by the licence as originally granted; or (b) if the licence has been amalgamated with another licence, the total of— (i) the number of graticular sections covered by the licence as originally granted; and (ii) the number of graticular sections covered by the licence with which the licence was amalgamated, as originally granted. Pt 2 Div. 9 (Heading and ss 38AAA–38AAE) inserted by No. 57/2009 s. 25. Division 9—Mine stability levy for Latrobe Valley S. 38AAA inserted by No. 57/2009 s. 25. 38AAA Definitions In this Division— ***Latrobe Valley region*** means the region constituted by the municipal boundaries of the Latrobe City Council and Wellington Shire Council; ***Latrobe Valley region coal mine*** means a coal mine that— (a) is prescribed for the purposes of the mine stability levy; and (b) is situated within the Latrobe Valley region; ***mine stability levy*** means the levy referred to in section 38AAB. S. 38AAB inserted by No. 57/2009 s. 25. 38AAB Mine stability levy imposed This Division imposes a levy (the ***mine stability levy***) for the purpose of providing measures designed to decrease geotechnical and hydrogeological risks to mine stability in the Latrobe Valley region coal mines. S. 38AAC inserted by No. 57/2009 s. 25. 38AAC Who is liable for mine stability levy? A holder of a mining licence in respect of a Latrobe Valley region coal mine is liable to pay the Minister the mine stability levy. S. 38AAD inserted by No. 57/2009 s. 25. 38AAD Amount of the mine stability levy The mine stability levy is the amount determined in accordance with the regulations. S. 38AAE inserted by No. 57/2009 s. 25. 38AAE When and how is the mine stability levy to be paid? A holder of a mining licence in respect of a Latrobe Valley region coal mine must pay the mine stability levy to the Minister by the date or dates and in the manner and in respect of the period specified under the regulations.