190Cancellation of retention licence—mining activities viable

190 Cancellation of retention licence—mining activities viable

190 Cancellation of retention licence—mining activities viable

(1) If the Minister believes that mining activities should commence in a retention licence area, the Minister must ask the licence holder to explain to the Minister why the holder should not apply for a mining licence over the retention licence area.

(2) A request under subsection (1) must:

(a) be in writing, and

(b) specify the day by which the holder is to give the explanation to the Minister.

(3) The day specified under subsection (2) (b) is to be at least 30 days after the day on which the request is given to the holder.

(4) An explanation provided in response to a request under subsection (1) must be in writing.

(5) The Minister may cancel the retention licence if:

(a) a request is made under subsection (1), and

(b) either:

(i) the holder does not give the Minister an explanation in response to the request by the day specified in the request, or

(ii) the holder gives the Minister an explanation in response to the request but the Minister does not consider the explanation to be satisfactory.

(6) If the Minister cancels a retention licence under subsection (5), the Minister may specify the day on which the cancellation takes effect.

(7) Without limiting subsection (6), the Minister, in determining the day on which the cancellation is to take effect, may have regard to the time needed by the holder to obtain the grant of a mining licence over the retention licence area.