sec.95Grant of tenure extension—activities disrupted

sec.95 Grant of tenure extension—activities disrupted

Subject to subsection (2) , if an exploration permit holder applies for an extension under section 94 , the Minister must— grant an extension of the term of the tenure if the Minister is satisfied that— the holder is or has been unable to carry out the activities authorised by the tenure; and the holder is or has been unable to do so because of circumstances beyond the holder’s control; and no excluded time is included in the period of inability for which an extension is sought; or refuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a) . The period for which the extension is granted must not be longer than the disruption period for the tenure less any excluded time for the tenure. The extension may be granted subject to whatever conditions the Minister considers appropriate. In this section— disruption period for a tenure means the period during which the tenure holder is unable to carry out activities authorised by the tenure because of circumstances beyond the holder’s control. excluded time for a tenure means any period during which the tenure was in force because of section 90 , 91 , 92 or 93 . Under section 90 , if the Minister has under section 48 suspended rights under a tenure for a period, the Minister may extend the term of the tenure for an equivalent period. Under section 91 , the term of a tenure is automatically extended if there is an application for the renewal of a tenure undecided when the tenure is due to expire. Under section 92 , the term of a tenure is automatically extended if the holder applies for a mineral development licence or mining lease over the tenure area. Under section 93 , the term of a tenure is automatically extended if there is an application for an extension of the tenure undecided when the tenure is due to expire. (sec.95-ssec.1) Subject to subsection (2) , if an exploration permit holder applies for an extension under section 94 , the Minister must— grant an extension of the term of the tenure if the Minister is satisfied that— the holder is or has been unable to carry out the activities authorised by the tenure; and the holder is or has been unable to do so because of circumstances beyond the holder’s control; and no excluded time is included in the period of inability for which an extension is sought; or refuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a) . (sec.95-ssec.2) The period for which the extension is granted must not be longer than the disruption period for the tenure less any excluded time for the tenure. (sec.95-ssec.3) The extension may be granted subject to whatever conditions the Minister considers appropriate. (sec.95-ssec.4) In this section— disruption period for a tenure means the period during which the tenure holder is unable to carry out activities authorised by the tenure because of circumstances beyond the holder’s control. excluded time for a tenure means any period during which the tenure was in force because of section 90 , 91 , 92 or 93 . Under section 90 , if the Minister has under section 48 suspended rights under a tenure for a period, the Minister may extend the term of the tenure for an equivalent period. Under section 91 , the term of a tenure is automatically extended if there is an application for the renewal of a tenure undecided when the tenure is due to expire. Under section 92 , the term of a tenure is automatically extended if the holder applies for a mineral development licence or mining lease over the tenure area. Under section 93 , the term of a tenure is automatically extended if there is an application for an extension of the tenure undecided when the tenure is due to expire.