Offshore Minerals Act 1998
sec.145Grounds for granting mineral development licence
Start here
Get a plain-English read of sec.145
Turn the raw legal text into a practical explanation grounded in Offshore Minerals Act 1998.
sec.145 Grounds for granting mineral development licence
The Minister may provisionally grant the mineral development licence only if the Minister is satisfied that— the exploration permit holder has identified and evaluated a significant mineral deposit in the exploration permit area; and there are reasonable grounds for the holder not applying immediately for a mining lease. Without limiting subsection (1) , reasonable grounds for not applying immediately for a mining lease include the following— the need to obtain government approvals (for example, relating to environmental protection) before mining activities can commence; the need to carry out further exploration or evaluation in order to establish the commercial viability of a mineral deposit found in the tenure area; the need to develop technologies before mining activities can commence; the need to arrange finance, or to secure additional capital reserves, before mining activities can commence; the existence of economic considerations (for example, the prevailing condition of the commodity market for the minerals concerned) that effectively preclude mining activities in the immediate future; the existence of political considerations that effectively preclude mining activities in the immediate future. (sec.145-ssec.1) The Minister may provisionally grant the mineral development licence only if the Minister is satisfied that— the exploration permit holder has identified and evaluated a significant mineral deposit in the exploration permit area; and there are reasonable grounds for the holder not applying immediately for a mining lease. (sec.145-ssec.2) Without limiting subsection (1) , reasonable grounds for not applying immediately for a mining lease include the following— the need to obtain government approvals (for example, relating to environmental protection) before mining activities can commence; the need to carry out further exploration or evaluation in order to establish the commercial viability of a mineral deposit found in the tenure area; the need to develop technologies before mining activities can commence; the need to arrange finance, or to secure additional capital reserves, before mining activities can commence; the existence of economic considerations (for example, the prevailing condition of the commodity market for the minerals concerned) that effectively preclude mining activities in the immediate future; the existence of political considerations that effectively preclude mining activities in the immediate future.
- (a) the exploration permit holder has identified and evaluated a significant mineral deposit in the exploration permit area; and
- (b) there are reasonable grounds for the holder not applying immediately for a mining lease.
- (a) the need to obtain government approvals (for example, relating to environmental protection) before mining activities can commence;