Part 14Forfeiture and transfer of mineral tenement

Part 14—Forfeiture and transfer of mineral tenement 62—Forfeiture and transfer of mineral tenement (1) For the purposes of section 70(1)(b) of the Act, section 70 of the Act applies in relation to an exploration licence. (2) For the purposes of section 70(2a) of the Act— (a) an applicant must be able to demonstrate— (i) their capacity to meet the terms and conditions of the tenement; and (ii) their capacity to meet the outcomes, criteria and requirements of the relevant approved program under Part 10A of the Act; and (iii) their capacity to replace any bond or security in place under section 62 of the Act; and (iv) a history of compliance with the provisions of the Act and any designated Act; and (b) an application must be supported by— (i) evidence of technical, operational and financial capabilities and resources available to the applicant to undertake the operations contemplated by the relevant approved program under Part 10A of the Act; and (ii) evidence of the capacity to rectify or address the grounds on which the tenement would be forfeited, as applying under section 70(2b) of the Act; and (c) an application may not be made in relation to an exploration licence that was granted or has been transferred within the period of 2 years immediately preceding the date of the application. (3) For the purposes of section 70(3a)(a) of the Act, a right to the transfer of a mineral tenement does not arise— (a) if the person on whose application the Court recommended forfeiture fails to notify the Minister, within 14 days after the Court makes its recommendation, in a manner and form determined by the Minister, that they wish to have the mineral tenement transferred to them; or (b) if the Minister does not consent to the transfer of the mineral tenement.