Div 9Extension of term or reinstatement of tenement

Division 9—Extension of term or reinstatement of tenement 56Y—Extension of term of tenement (a) a mining lease; or (b) a retention lease; or (2) Without limiting any other provision, the Minister may at any time extend the term of a mineral tenement to which this section applies if the Minister considers— (a) that the tenement holder to which this section applies has contravened, or failed to comply with, a provision of this Act; and (b) that the term of the tenement should be extended in order to support the requirement that the tenement holder take action— (i) to rehabilitate land in accordance with the requirements of a program under Part 10A; or (ii) to rehabilitate land to a standard required to secure compliance with a condition of the mineral tenement; or (iii) to prevent or address undue damage to the environment, (including to land outside the area of the mineral tenement). (3) In connection with subsection (2), the only operations that the tenement holder may undertake during the period of the extension are operations to give effect to the requirement referred to in subsection (2)(b). (4) The Minister must take reasonable steps to consult with the holder of the relevant mineral tenement before acting under subsection (2). (5) If the Minister acts without the agreement of the tenement holder, the tenement holder may appeal to the ERD Court in relation to the matter. (6) The ERD Court may, on hearing an appeal under subsection (5)— (b) impose any term or condition considered appropriate by the Court; 56Z—Reinstatement of tenement (a) if the regulations so provide—an exploration licence; or (b) a mining lease; or (c) a retention lease; or (d) a miscellaneous purposes licence, (being a tenement that has expired). (2) This section sets out a scheme that will allow the Minister to reinstate a mineral tenement to which this section applies that has expired under another provision of this Act. (3) The Minister may act under this section if the Minister considers— (a) that the tenement holder to which this section applies has contravened, or failed to comply with, a provision of this Act; and (b) that the tenement should be reinstated in order to support the requirement that the tenement holder take action— (i) to rehabilitate land in accordance with the requirements of a program under Part 10A; or (ii) to rehabilitate land to a standard required to secure compliance with a condition of the mineral tenement; or (iii) to prevent or address undue damage to the environment, (including to land outside the area of the mineral tenement). (4) In connection with subsection (3), the only operations that the tenement holder may undertake during the period of the reinstatement are operations to give effect to the requirement referred to in subsection (3)(b). (5) The Minister may act under this section despite the cessation of authorised operations by the tenement holder on or before the expiration of the mineral tenement. (6) If the Minister decides to act under this section— (a) the mineral tenement will be taken to have been reinstated from the date on which the tenement expired or from a later date determined by the Minister; but (b) any section of this Act prescribed by the regulations will not apply in relation to the mineral tenement. (7) The Minister may, in acting under this section, reinstate a mineral tenement in relation to an area that is smaller than the area of the original tenement at the time of its expiry. (8) The term of the mineral tenement, as reinstated under this section, will be— (a) a term determined by the Minister; or (b) a term that expires at some later time on a date to be determined by the Minister. (9) The Minister reinstates a mineral tenement under this section by instrument registered on the mining register. (10) The Minister must ensure that a notice of the reinstatement of a mineral tenement under this section is given to the tenement holder and the owner of the land. (11) To the extent that the reinstatement of a mineral tenement under this section does not give rise to a right to mine under the Native Title Act 1993 of the Commonwealth, Part 9B does not apply to the reinstatement of the mineral tenement under this section.