43Commencement of work under exploration licence or retention licence

43 Commencement of work under exploration licence or retention licence S. 43(1) amended by Nos 86/1993 s. 23(a)(i)(iii), 82/2000 s. 42(1)(a)(d), 63/2006 s. 31(1)(a), 59/2010 s. 25(2). (1) The holder of an exploration licence or retention licence must not carry out any work on the land covered by the licence unless— (a) the licensee has an approved work plan; and S. 43(1)(ab) inserted by No. 57/2009 s. 29. (ab) in the case of an area work plan within the meaning of section 41AD(4), the licensee has submitted the relevant area work plan schedule containing the prescribed information to the Department Head not less than 21 days before carrying out any work on the land affected; and (b) the licensee has entered into a rehabilitation bond in accordance with section 80; and S. 43(1)(ba) inserted by No. 63/2006 s. 31(1)(b). (ba) the licensee has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and (c) the licensee has obtained all the necessary consents and other authorities relating to the land affected[[3]](#endnote-4) required by or under this or any other Act; and S. 43(1)(ca) inserted by No. 63/2006 s. 31(1)(c). (ca) any consent under section 45 or authorisation under section 46 has been registered; and S. 43(1)(cb) inserted by No. 63/2006 s. 31(1)(c). (cb) the licensee has obtained the insurance required under section 39(5); and (d) the licensee has given— S. 43(1)(d)(i) amended by Nos 82/2000 ss 42(1)(b), 61(b), 6/2009 s. 16. (i) 7 days' notice to the Chief Inspector; and S. 43(1)(d)(ii) amended by No. 82/2000 s. 42(1)(b). (ii) 7 days' notice (or any shorter period agreed between the licensee and the owners and occupiers of the land affected) to the owners and occupiers of the land affected[[4]](#endnote-5)— of the licensee's intention to commence work; and S. 43(1)(e) substituted by No. 82/2000 s. 42(1)(c), amended by No. 59/2010 s. 36(2). (e) if the land affected[[5]](#endnote-6) is private land— (i) the licensee has obtained the written consent of the owners and occupiers of the land affected[[6]](#endnote-7); or (ii) the licensee has made and registered compensation agreements with those owners and occupiers; or (iii) the amount of compensation payable to those owners and occupiers has been determined under Part 8 and the licensee has been advised in writing of the result by the person or body making the determination; or (iv) the licensee has purchased the land affected[[7]](#endnote-8)— unless this requirement has been waived by the Department Head under subsection (2); and S. 43(1)(ea) inserted by No. 59/2010 s. 36(3), substituted by No. 10/2014 s. 22(1). (ea) the licensee has obtained the written consent or informed verbal consent of the owners and occupiers of the land affected, if the land affected is private land and the work being carried out involves exploring for minerals on land but does not involve— (i) the use of equipment (other than non-mechanical hand tools) to excavate on the land; or (ii) the use of explosives on the land; or (iii) removing or damaging any tree or shrub on the land. S. 43(1)(f) repealed by No. 86/1993 s. 23(a)(ii). S. 43(1A) inserted by No. 63/2006 s. 31(2), amended by No. 10/2014 s. 22(2). (1A) Subsections (1)(a) and (1)(ba) do not apply to low impact exploration. S. 43(1B) inserted by No. 10/2014 s. 22(3). (1B) Subsection (1)(a), (ab), (b), (ba), (ca) and (d) do not apply to a licensee if the work being carried out involves exploring for minerals on land but does not involve— (a) the use of equipment (other than non‑mechanical hand tools) to excavate on the land; or (b) the use of explosives on the land; or (c) removing or damaging any tree or shrub on the land. S. 43(2) repealed by No. 86/1993 s. 23(b), new s. 43(2) inserted by No. 82/2000 s. 42(2). (2) If the land affected is private land and the licensee has been unable to determine the name and address of the owners and occupiers of the land, the licensee may apply to the Department Head to have the requirement specified by subsection (1)(e) waived. S. 43(2A) inserted by No. 82/2000 s. 42(2). (2A) The Department Head may grant such an application if, in her or his opinion, the licensee has made all reasonable efforts to determine the name and address of the owners and occupiers of the land. S. 43(2B) inserted by No. 82/2000 s. 42(2). (2B) Before waiving the requirement, the Department Head may require the licensee— (a) to advertise the licensee's intention to start work on the land affected in a specified edition of a newspaper circulating generally in the area in which the land is situated; (b) to post a notice on the land affected stating that the licensee intends to start work on that land. S. 43(3) substituted by No. 86/1993 s. 23(c), amended by Nos 7/1994 s. 6(a), 64/2012 s. 33. (3) Despite anything in any planning scheme approved under the **Planning and Environment Act 1987** which— (a) prohibits the use or development of the land covered by the licence for exploration (whether absolutely or unless specified conditions are complied with) and does not provide for the granting of a permit for that use or development; or (b) requires a permit to be obtained for that use or development— the holder of a licence is not prohibited from carrying out exploration on the land covered by the licence in accordance with that licence and is not required to comply with any conditions specified in the planning scheme relating to, or to obtain a permit for, the carrying out of that exploration. S. 43(4) substituted by No. 86/1993 s. 23(c), amended by Nos 7/1994 s. 6(b), 64/2012 s. 33. (4) In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Minister administering the **Planning and Environment Act 1987** may— (a) on the recommendation of the Minister prepare; and (b) adopt and approve— amendments to any planning scheme to facilitate the carrying out of exploration on land covered by a licence in accordance with that licence. S. 43(5) inserted by No. 86/1993 s. 23(c), amended by Nos 7/1994 s. 6(c), 64/2012 s. 33. (5) Without limiting what an amendment may include, an amendment prepared under subsection (4) may provide that no permit is required to carry out exploration on land covered by a licence in accordance with that licence. S. 43(6) inserted by No. 86/1993 s. 23(c). (6) The **Planning and Environment Act 1987** (except section 12(2), Divisions 1 and 2 of Part 3 and section 39(1) to (6) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under subsection (4). S. 43(7) inserted by No. 86/1993 s. 23(c). (7) Section 39(7) of the **Planning and Environment Act 1987** applies to an amendment prepared, adopted or approved under subsection (4) as if before "Division 1" there were inserted "section 12(1) or". S. 43(8) inserted by No. 86/1993 s. 23(c). (8) Section 39(8) of the **Planning and Environment Act 1987** applies to an amendment prepared or adopted under subsection (4) as if— (a) the expression "Except for an application under this section," were deleted; and S. 43(9) inserted by No. 86/1993 s. 23(c). (9) Section 46 of the **Planning and Environment Act 1987** does not apply to a planning scheme to the extent to which, because of an amendment prepared, adopted or approved under subsection (4), it is expressed or purports to deal with any land that has been permanently reserved for any purpose set out in section 4 of the **Crown Land (Reserves) Act 1978** in any manner inconsistent with that reservation. S. 43(10) inserted by No. 86/1993 s. 23(c). (10) Nothing in this section prevents either House of Parliament exercising its power under section 38 of the **Planning and Environment Act 1987**. S. 43A inserted by No. 86/1993 s. 24.