NSWIn ForceAct
Mining Act 1992
394Decisions about declared persons and associated authorisations
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#### 394 Decisions about declared persons and associated authorisations
394 Decisions about declared persons and associated authorisations
> > (1) The decision-maker, in relation to an authorisation for which the declared person is the holder, applicant or proposed transferee, may make a specified decision in relation to the authorisation.
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> > (2) The decision-maker may, by order given to a declared person, at the time the decision-maker makes a declaration, or within 6 months after making a declaration or a longer period as agreed between the decision-maker and the declared person, do 1 or more of the following—
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> > > (a) caution or reprimand the declared person,
> >
> > > (b) disqualify the declared person from making applications for the grant, renewal or transfer of authorisations for a specified period or an indefinite period,
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> > > (c) impose or vary a condition of an authorisation or an activity approval, but only if the declared person is associated with the authorisation or activity approval,
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> > > (d) direct the declared person to do or refrain from doing a thing specified in the direction in relation to the following—
> > >
> > > > (i) authorisations and applications for or in relation to authorisations,
> > >
> > > > (ii) mining and prospecting,
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> > > (e) take another action specified by the regulations.
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> > (3) An application made by a person disqualified under subsection (2)(b) is invalid and must be rejected by a decision-maker.
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> > (4) A condition imposed or varied under subsection (2)(c) is taken to have been imposed or varied by the relevant decision-maker.
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> > (5) A person must not contravene a direction under subsection (2)(d).
> >
> > Maximum penalty—
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> > > (a) for a corporation—10,000 penalty units, and, for a continuing offence, a further penalty of 1,000 penalty units for each day the offence continues, or
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> > > (b) for an individual—2,000 penalty units, and, for a continuing offence, a further penalty of 200 penalty units for each day the offence continues.
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> **s 394:** Ins 2022 No 21, Sch 1\[152\].