44Cancellation of mining tenement

44 Cancellation of mining tenement (1) The Minister may cancel a mining tenement forming a production unit where the royalty levied under this Act remains unpaid in respect of that production unit for 6 months or more from the date upon which the royalty became due and payable. Note for subsection (1) In relation to a mining tenement that is a mineral title under the Mineral Titles Act 2010, see also sections 96 and 105(1) and (2)(a) of that Act. (2) The Minister shall not, under subsection (1), cancel a mining tenement unless the Minister has first: (a) given to the tenement holder written notice of the intention so to do, indicating the reason for the proposed action; and (b) specified in the notice a date, being not earlier than 30 days after the service of that notice on the tenement holder, on or before which the tenement holder may submit to the Minister any matter that he or she wishes the Minister to consider before deciding whether to cancel the mining tenement; and (c) considered any submissions made to the Minister in response to, and within the time specified in, the notice given under this subsection. (3) A reference in this section to a mining tenement or production unit includes a reference to part of a mining tenement or production unit.