sec.265Cancellation of mining lease

sec.265 Cancellation of mining lease

Subject to subsection (5) , the Minister may cancel a mining lease if the tenure holder— breaches a tenure condition; or contravenes a provision of this Act or the regulations; or breaches a condition attached to an approval under section 365 (2) . If the Minister proposes to cancel a tenure under subsection (1) , the Minister must give the tenure holder a notice that informs the holder of the proposed cancellation. The notice must— specify the reason for the proposed cancellation; and invite the holder to make submissions about the proposed cancellation; and specify the day by which submissions may be made to the Minister; and specify an address where submissions are to be lodged. The day specified under subsection (3) (c) must be not less than 60 days after the day on which the notice is given. The Minister may cancel the tenure only if— the holder has been given a notice under subsection (2) ; and the Minister has considered— any submission made by the holder as provided by the notice under subsection (3) ; and any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and the Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled. (sec.265-ssec.1) Subject to subsection (5) , the Minister may cancel a mining lease if the tenure holder— breaches a tenure condition; or contravenes a provision of this Act or the regulations; or breaches a condition attached to an approval under section 365 (2) . (sec.265-ssec.2) If the Minister proposes to cancel a tenure under subsection (1) , the Minister must give the tenure holder a notice that informs the holder of the proposed cancellation. (sec.265-ssec.3) The notice must— specify the reason for the proposed cancellation; and invite the holder to make submissions about the proposed cancellation; and specify the day by which submissions may be made to the Minister; and specify an address where submissions are to be lodged. (sec.265-ssec.4) The day specified under subsection (3) (c) must be not less than 60 days after the day on which the notice is given. (sec.265-ssec.5) The Minister may cancel the tenure only if— the holder has been given a notice under subsection (2) ; and the Minister has considered— any submission made by the holder as provided by the notice under subsection (3) ; and any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the tenure and to prevent any similar breach or contravention from happening again; and the Minister is satisfied that no special circumstances exist that justify the tenure not being cancelled.

• (a) breaches a tenure condition; or
• (b) contravenes a provision of this Act or the regulations; or