Mining Act 1992
114APower of decision-maker in relation to renewal applications for exploration licences
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114A Power of decision-maker in relation to renewal applications for exploration licences
114A Power of decision-maker in relation to renewal applications for exploration licences
(1) This section applies if the decision-maker is not satisfied that—
(a) the area of land over which renewal of an exploration licence is sought is genuinely required to support the proposed work program accompanying the application, or
(b) other special circumstances exist that justify the applicant retaining an area greater in size than that genuinely required to support the proposed work program.
(2) If this section applies, the decision-maker must—
(a) inform the applicant of—
(i) the decision-maker’s opinion, and
(ii) the area of land over which the decision-maker proposes to renew the exploration licence, and
(b) renew the exploration licence only over the area of land the decision-maker considers—
(i) to be genuinely required to support the proposed work program, or
(ii) for an area greater in size than that genuinely required to support the proposed work program—is justified by special circumstances.
(3) In deciding whether an area of land is genuinely required to support a proposed work program for the purposes of this section, the decision-maker may have regard to the matters specified by the regulations.
s 114A: Ins 2015 No 40, Sch 1 [41]. Am 2016 No 27, Sch 1.16 [1]. Subst 2022 No 21, Sch 1[39].