Div 8Cancellation, suspension and surrender

Division 8—Cancellation, suspension and surrender 56W—Cancellation and suspension—action by Minister (a) an exploration licence; or (b) a mining lease; or (c) a retention lease; or (d) a miscellaneous purposes licence. (2) The Minister may cancel or suspend a mineral tenement to which this section applies if the tenement holder contravenes or fails to comply with— (a) a term or condition of the tenement; or (b) a provision of this Act. (3) The Minister may suspend all or some of the authorised operations under a mineral tenement to which this section applies— (a) pending compliance with an obligation or requirement under this Act by the tenement holder; or (b) until the tenement holder takes some other step specified by the Minister; or (c) on account of any other matter that, in the opinion of the Minister, warrants suspension of rights under the tenement. (4) The Minister must not take action under this section unless or until the Minister has— (a) taken reasonable steps to notify the tenement holder of the proposed course of action (including in the notification the grounds on which the Minister is intending to act); and (b) provided the tenement holder with an opportunity to make written submissions in relation to the matter within a period specified by the Minister. (5) The Minister may, after complying with subsection (4), by instrument registered on the mining register, cancel or suspend a mineral tenement. (6) The Minister must ensure that a notice of the cancellation or suspension of a mineral tenement under subsection (5) is given to the tenement holder. (7) A tenement holder may, within 28 days after receiving a notice under subsection (6), appeal to the ERD Court in relation to the matter. (8) The ERD Court may, on hearing an appeal under subsection (7), if satisfied that the ground or grounds on which the Minister acted were insufficient to justify the cancellation or suspension of the mineral tenement (as the case may be)— (a) revoke the cancellation or suspension; and (b) make any consequential or ancillary order that the Court considers necessary or appropriate. (9) If the ERD Court makes an order under subsection (8)(a), the Minister may, subject to any order of the Court, reinstate the mineral tenement to a date that coincides with the initial date of the cancellation or suspension, or such later date as the Minister considers to be appropriate in the circumstances. 56X—Surrender on application (1) A tenement holder may apply to the Minister for an approval to surrender— (a) the mineral tenement; or (b) a part of the area of the mineral tenement. (2) An application must be— (a) made in a manner and form determined by the Minister; and (b) accompanied by such information as may be prescribed by the regulations. (3) The Minister may, if or when satisfied that it is appropriate to do so, by instrument registered on the mining register, approve the surrender. (4) If a mineral tenement surrendered under this section is a private mine, the declaration of the relevant area as a private mine made under this Act will be taken to be revoked. (5) If a part of the area of a private mine is surrendered under this section, the declaration of the relevant area as a private mine under this Act will be taken to be varied to exclude the area to the extent of the surrender.