Offshore Minerals Act 1998
sec.39Tenure and consents available under this Act
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sec.39 Tenure and consents available under this Act
This Act provides for the grant of— exploration permits; and mineral development licences; and mining leases; and works licences; and special purpose consents. An exploration permit is designed to cover the exploration phase of a project and authorises— exploration; and the recovery of mineral samples. A mineral development licence is designed to ensure the retention of rights pending the transition of a project from the exploration phase to the commercial mining phase and authorises— exploration; and the recovery of minerals but not as part of a commercial mining operation. A mining lease is designed to cover the commercial mining phase of a project and authorises— exploration; and full commercial recovery. A project might make use of any of the following 3 tenure arrangements— an exploration permit leading to a mining lease; an exploration permit leading to a mineral development licence and then a mining lease; a mining lease (without progressing through an exploration permit/mineral development licence stage). A tenure is granted over a particular area (constituted by sub-blocks). The tenure holder may need to carry out engineering or other activities outside the tenure area. If so, the tenure holder or someone else must obtain a works licence to carry out those activities. If a person wants to carry out— a scientific investigation; or a reconnaissance survey; or the collection of only small amounts of minerals; in coastal waters, the person must obtain a special purpose consent under part 2.6 to carry out the activity. Even though a person has a tenure or special purpose consent, the person must not interfere unnecessarily with navigation, native title, fishing, resource conservation or other activities in the area (see section 44 ).
- (a) exploration permits; and
- (b) mineral development licences; and
- (c) mining leases; and
- (d) works licences; and
- (e) special purpose consents.
- • exploration; and
- • the recovery of mineral samples.
- • exploration; and
- • the recovery of minerals but not as part of a commercial mining operation.
- • exploration; and
- • full commercial recovery.
- • an exploration permit leading to a mining lease;
- • an exploration permit leading to a mineral development licence and then a mining lease;
- • a mining lease (without progressing through an exploration permit/mineral development licence stage).
- • a scientific investigation; or
- • a reconnaissance survey; or
- • the collection of only small amounts of minerals; in coastal waters, the person must obtain a special purpose consent under part 2.6 to carry out the activity.