44AActivity approval required for assessable prospecting operations

44A Activity approval required for assessable prospecting operations

44A Activity approval required for assessable prospecting operations

(1) An assessment lease is subject to a statutory condition that the holder must not carry out an assessable prospecting operation on land over which the lease is granted unless an activity approval has been obtained for the carrying out of the assessable prospecting operation in relation to that land and is in force.

(2) The holder of an assessment lease may apply in writing to the decision-maker for approval to carry out an assessable prospecting operation in relation to any part of the land over which the lease is granted (an activity approval).

(3) An application for an activity approval must include the information, if any, prescribed by the regulations.

(3A) The decision-maker may require the holder of an assessment lease to provide further information as required by the decision-maker, within the time specified by the decision-maker, before considering the application or at any time during consideration of the application.

(4) After considering the application for the activity approval, the decision-maker—

(a) may grant the activity approval, or

(b) may refuse the application.

(5) Without limiting the grounds for refusal, the application may be refused if the applicant fails to provide the information required by the decision-maker within the time required.

(6) An activity approval may be granted subject to terms.

(7) For the purposes of this Act, it is a statutory condition of an assessment lease that the holder must comply with any activity approval granted to the holder and in force.

(8) Clauses 7 (2)–(4), 10 (2), 12 and 14 of Schedule 1B apply to and in respect of the imposition of terms on, and variation of the terms of, an activity approval in the same way as they apply to and in respect of the imposition of conditions on, and the variation of the conditions of, an authorisation.

(9) The decision-maker may cancel an activity approval—

(a) if the holder of the activity approval lodges with the Secretary a request that the decision-maker cancel the activity approval, or