Offshore Minerals Act 2000

Chapter 1—Introduction Part 1.1—Legislative formalities and background 1—Short title This Act may be cited as the Offshore Minerals Act 2000. 3—Commonwealth-State agreement (the Offshore Constitutional Settlement) (1) The Commonwealth and the States have agreed that— (a) Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and (b) the States should share, in the manner provided by the Offshore Minerals Act 1994 of the Commonwealth, in the administration of the Commonwealth offshore mining legislation; and (c) State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and (d) the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia's territorial sea. 1 So far as the agreement relates to petroleum, it is reflected in this State's legislation by the Petroleum (Submerged Lands) Act 1982. 2 Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To keep uniformity between this Act and the Commonwealth Act the numbers of the sections that are not relevant up to section 423 have not been used in the numbering of this Act. A section of this Act and the corresponding section of the Commonwealth Act up to section 423 will therefore have the same number. From section 424 onwards the two Acts differ significantly and uniformity of numbering has not been maintained. (2) Other Acts that provide background in this State to the agreement (commonly referred to as the "Offshore Constitutional Settlement") are— (a) the Seas and Submerged Lands Act 1973, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; and (b) the Petroleum (Submerged Lands) Act 1982 of this State.

1 The Seas and Submerged Lands Act 1973— • declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; • gives the Governor-General power to declare, by proclamation, the limits of the territorial sea; • declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in respect of the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; • declares and enacts that the sovereign rights of Australia as a coastal State in respect of the Continental Shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth; • gives the Governor-General power to declare, by proclamation, the limits of the Continental Shelf of Australia. 2 The Coastal Waters (State Powers) Act 1980 was enacted following a request from the Parliaments of all the States under paragraph 51 (xxxviii) of the Constitution of the Commonwealth and provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore. 3 The Coastal Waters (State Title) Act 1980 vests in each State certain property rights in the seabed beneath the coastal waters of the State. 4 The Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the Petroleum (Submerged Lands) Act 1982 of this State make provision, based on the agreement referred to in subsection (1), for the licensing regime that applies to the exploration for and recovery of petroleum in coastal waters and offshore areas of this State. Part 1.2—Interpretation 4—Notes in the text Notes in this Act are provided to assist understanding and do not form part of the Act. 5—Interpretation In this Act, unless the contrary intention appears— approved means approved by the Minister under section 41; associate has the meaning given by section 26(1); associated agent of a holder has the meaning given by section 26(3); associated agent of an associated contractor has the meaning given by section 26(4); associated contractor of a holder has the meaning given by section 26(2); associated employee of an associated contractor has the meaning given by section 26(6); associated employee of a holder has the meaning given by section 26(5); block means a portion of the coastal waters constituted according to section 17; caveat on a licence means a caveat against— (a) the registration of dealings in relation to the licence; or (b) the registration of a person as a holder of the licence under section 340; coastal waters has the meaning given by section 16(1) and (2); Commonwealth Act means the Offshore Minerals Act 1994 of the Commonwealth; Commonwealth Minister means a Minister of State for the Commonwealth; compliance inspection has the meaning given by section 377; confidential information has the meaning given by section 27; confidential sample has the meaning given by section 28; consent area means the block or blocks specified in a special purpose consent; dealing in a licence means a transaction that creates, transfers, affects or otherwise deals with an interest in the licence and includes— (a) a transfer of the licence; and (b) a transfer of a share in the licence, but does not include a document that comes within section 337(1) other than a document by which a block or a licence is surrendered; discrete area has the meaning given by section 21; document file means a document file kept for the purposes of Part 3.1; exploration has the meaning given by section 23; holder of a licence has the meaning given by section 25(1); hydrocarbon means a hydrocarbon whether in a gaseous, liquid or solid state; inspector means an inspector appointed under section 421; interest in relation to a licence, includes— (a) an equitable interest in the licence; and (b) a security interest in the licence; licence means— (a) an exploration licence; or (b) a retention licence; or (c) a mining licence; or (d) a works licence; licence area means the block or blocks covered by a licence; licence holder has the meaning given by section 25(1); mineral has the meaning given by section 22; offshore exploration or mining activities means— (a) the exploration for minerals in coastal waters; or (b) the recovery of minerals from coastal waters; or (c) activities carried out in coastal waters under a works licence; offshore mining register means a register kept for the purposes of Part 3.1; petroleum means— (a) a hydrocarbon or a mixture of hydrocarbons; or (b) a mixture of one or more hydrocarbons and one or more of the following— (i) hydrogen sulphide; (ii) nitrogen; (iii) helium; (iv) carbon dioxide; primary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which the applicant is given a written notice— (a) in the case of the grant of an exploration licence, under section 66; and (b) in the case of the renewal of an exploration licence, under section 110; and (c) in the case of the grant of a retention licence, under section 147; and (d) in the case of the renewal of a retention licence, under section 169; and (e) in the case of the grant of a mining licence, under section 210; and (f) in the case of the renewal of a mining licence, under section 246; and (g) in the case of the grant of a works licence, under section 279; and (h) in the case of the renewal of a works licence, under section 296; provisional holder means a person who has been provisionally granted a licence; recovery has the meaning given by section 24; registered means registered in an offshore mining register; reserved block means a block that is declared to be reserved under section 18; responsible Commonwealth Minister means the Commonwealth Minister who is responsible for the administration of the Commonwealth Act; sample of the seabed or subsoil includes a core or cutting from the seabed or subsoil; secondary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which an extension of the primary payment period for the grant or renewal concerned ends; share in a licence has the meaning given by section 6(1), (2) and (3); special purpose consent means a consent granted under Part 2.6; standard block has the meaning given by section 19; State Minister means— (a) a Minister of State for a State; or (b) a Minister of State for the Northern Territory; successor licence to a licence has the meaning given by section 8; surrender day for an exploration licence means— (a) the day on which the initial term of the licence ends; or (b) a day on which the term of a renewal of the licence ends; tender block has the meaning given by section 20; transfer— (a) when used in relation to a licence, has the meaning given by section 7(1); and (b) when used in relation to a share in a licence, has the meaning given by section 7(2) and (3); vary a licence condition includes revoke or suspend. 5A—Licence or other right is not personal property for the purposes of Commonwealth Act A right, entitlement or authority granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth. 6—Shares in a licence (1) A person has a share in a licence if the person is the holder, or one of the holders, of the licence. (2) If a holder is entitled to a particular percentage of the value of the rights conferred by a licence, that percentage is the holder's share in the licence. A sole holder has a 100 per cent share in the licence. (a) a person is a registered holder of a licence; and (b) the person is shown in an offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the licence, the person's share in the licence is taken to be the percentage specified in the register. 7—Transfer of a licence (1) For the purposes of this Act, a licence is transferred if— (a) the licence has only one holder and the holder transfers the whole of the licensee's interest in the licence to another person or other persons; or (b) the licence has 2 or more holders and the holders all transfer the whole of their interests in the licence to another person or other persons. (2) For the purposes of this Act, a share in a licence is transferred if— (a) the licence has only one holder and the holder transfers a part of the holder's share in the licence to another person or other persons; or (b) the licence has 2 or more holders and— (i) some, but not all, of the holders transfer the whole of their shares in the licence to another person; or (ii) some or all of the holders transfer a part of their shares in the licence to another person. (3) The other person referred to in subsection (2)(b) may be an existing licence holder. 8—Successor licences (a) a mining licence takes effect immediately after an exploration licence expires; and (b) the holder of the mining licence immediately after it takes effect was the holder of the exploration licence immediately before it expired, the mining licence is a successor licence to the exploration licence. (a) a retention licence takes effect immediately after an exploration licence expires; and (b) the holder of the retention licence immediately after it takes effect was the holder of the exploration licence immediately before it expired, the retention licence is a successor licence to the exploration licence. (a) a mining licence takes effect immediately after a retention licence expires; and (b) the retention licence took effect immediately after an exploration licence expired; and (c) the holder of the mining licence immediately after it takes effect was the holder of the retention licence immediately before it expired; and (d) the holder of the retention licence immediately after it took effect was the holder of the exploration licence immediately before it expired, the mining licence is a successor licence to the exploration licence and the retention licence. 9—Section number not used 10—Position on the Earth's surface (1) This is how the position of a point, line or area on the Earth's surface is to be worked out for the purposes of this Act and subordinate instruments— (a) the position is to be worked out by reference to a spheroid that— (i) has a major (equatorial) radius of 6,378,160 metres; and (ii) has a flattening of 100/29825; and (b) the Johnston Geodetic Station in the Northern Territory is taken to be located 571.2 metres above the point on the surface of the spheroid that is at— (i) 133°12′30.0771″ East Longitude; and (ii) 25°56′54.5515″ South Latitude. (2) In subsection (1)— subordinate instrument means— (a) the regulations; and (b) instruments made under this Act and the regulations. 11—Section number not used 12—Power to vary and revoke instruments (1) A provision of this Act that confers a power to do something in writing is also taken to confer the power to revoke or amend the written document by which that thing is done. (2) The power to revoke or amend— (a) must also be exercised in writing; and (b) is subject to the same procedural requirements as the original power; and (c) is subject to the same conditions as those that governed the exercise of the original power.

Division 2—Basic concepts 13 to 15—Section numbers not used Sections 13 to 15—See note 2 to section 3(1). 16—Coastal waters, and effect of change in baseline (1) Subject to this section, the coastal waters of the State are so much of the area described in Schedule 1 as is constituted by the first 3 nautical miles of the territorial sea from the baseline. (2) The coastal waters do not include any waters that are inside the baseline. (a) a licence has been granted on the basis that an area is within coastal waters; and (b) there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and (c) as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters, this Act applies as if the area were still within coastal waters. (4) Subsection (3) continues to apply to the area only while the licence (and any successor licence) remains in force. (5) If— (a) a licence under the Commonwealth Act has been granted on the basis that an area is within the offshore area under the Commonwealth Act; and (b) there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and (c) as a result of the change to, or reassessment of the location of, the baseline, the area— (i) ceases to be within the offshore area under the Commonwealth Act; and (ii) falls within coastal waters, this Act does not apply to the area. (6) Subsection (5) continues to apply to the area only while the licence under the Commonwealth Act (and any successor licence within the meaning in that Act) remains in force. (7) This Act has effect subject to section 8 of the Mining Act 1971. (8) In this section— baseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) as for the time being determined under section 7(1)(b) of the Seas and Submerged Lands Act 1973 of the Commonwealth. • Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. See Australia's territorial sea baseline published 1988 by the Australian Government Printing Service. • The baseline encloses Spencer Gulf, Gulf St. Vincent, Investigator Strait and Backstairs Passage by a line from the mainland to the western end of Kangaroo Island, along the southern coast of Kangaroo Island and then from the eastern end of the island to the mainland. 17—Blocks This is how a block is constituted in coastal waters— (a) assume that there is laid over the coastal waters a grid constituted by— (i) lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and (ii) lines running along parallels drawn through each degree of latitude and the minutes between those degrees; (b) take a bounded space defined by the grid; (c) the seabed and subsoil within the coastal waters that is under that space is a block. 18—Reserved block (1) Subject to subsection (2), the Minister may declare that a block in coastal waters is a reserved block. 1 A reserved block may be put up for tender by the Minister publishing in the Gazette a tender block licence notice (see sections 74 and 218). 2 Section 10(c) of the Interpretation Act 1984 allows a single declaration under this subsection to be made in respect of 2 or more blocks. (2) A declaration under subsection (1) must not be made in relation to a block if— (a) a licence over that block is in force; or (b) an application for a licence over that block has been made and has not been determined. (3) A declaration under subsection (1) must be made by notice published in the Gazette. 19—Standard block A standard block is a block that is not the subject of a declaration under section 18(1). 20—Tender block A tender block is a block that is the subject of a tender block licence notice published by the Minister under section 74 or section 218. 21—Discrete area (1) A group of blocks forms a discrete area if the area formed by the blocks is continuous. (2) Two blocks that are joined at one point only do not form a continuous area. 22—Minerals (1) A mineral is a naturally occurring substance or a naturally occurring mixture of substances. This Act does not apply to petroleum (see section 35). (2) Without limiting subsection (1), a mineral may be in the form of sand, gravel, clay, limestone, rock, evaporites, shale, oil-shale or coal. 23—Exploration (1) For the purposes of this Act, exploration for minerals includes any activity that is directly related to the exploration for minerals. (2) For the purposes of this Act, exploration does not include the exploration for minerals of the subsoil of coastal waters that is carried out by means of underground mining from land in the State if that exploration is carried out in accordance with the Mining Act 1971. 24—Recovery (1) For the purposes of this Act, recovery of minerals includes any activity that is directly related to the recovery of minerals. (2) For the purposes of this Act, recovery does not include the recovery of minerals from the subsoil of coastal waters that is carried out by means of underground mining from land in the State if that exploration is carried out in accordance with the Mining Act 1971. 25—Licence holder (1) References in this Act to the holder of a licence or the licence holder are references to the person whose name is entered in the offshore mining register as the person who holds the licence. 1 This Act is based upon the grant and registration of licences.

2 If a licence is granted to a person, that person's name is entered in the register (see section 333). 3 The entry in the register in relation to a licence will be varied if there is a change in the holder of the licence (see section 338(4)). (2) A licence may be held by more than one person. 26—Associates (1) For the purposes of this Act, the following are the associates of a licence holder— (a) associated contractors of the holder; (b) associated agents of the holder; (c) associated agents of associated contractors; (d) associated employees of the holder; (e) associated employees of associated contractors. (2) A person is an associated contractor of the holder if— (a) the person enters into an agreement with the holder for carrying out activities under the licence; or (b) the person enters into an agreement with a person who is an associated contractor under paragraph (a) or this paragraph for carrying out activities under the licence. (3) A person is an associated agent of the holder if the person is the agent of, or acts on behalf of, the holder in relation to carrying out activities under the licence. (4) A person is an associated agent of an associated contractor if the person is the agent of, or acts on behalf of, the associated contractor in relation to carrying out activities under the licence. (5) A person is an associated employee of the holder if the person is employed by the holder and, in the course of that employment, carries out activities under the licence. (6) A person is an associated employee of an associated contractor if the person is employed by the associated contractor and, in the course of that employment, carries out activities under the licence. 27—Confidential information (1) For the purposes of this Act, information is confidential information if— (a) a licence holder has given it to the Minister; and (b) it is in a record, return, report or document; and (c) it relates to activities authorised by the licence; and (d) it relates to an area of the seabed or subsoil that is covered by the licence or a successor licence to the licence. (2) However, if— (a) a person is required to give the Minister a report in relation to particular blocks; and (b) the person gives the Minister a report that relates not only to those blocks but also to other blocks; and (c) the Minister is required to make the report available under section 376, the information that relates to those other blocks is not confidential information. 28—Confidential sample For the purposes of this Act, a sample is a confidential sample if— (a) a licence holder has given it to the Minister; and (b) it was recovered in the course of activities authorised by the licence; and (c) it was recovered from an area of the seabed or subsoil that is covered by the licence or a successor licence to the licence. Part 1.3—Administration of the Commonwealth-State offshore area 29—Definitions In this Part— associated revenue Act has the same meaning as in the Commonwealth Act; Commonwealth-State offshore area means the Commonwealth-State offshore area in respect of the State within the meaning of section 13 of the Commonwealth Act. 30—Minister as member of Joint Authority, or as Designated Authority (1) The Minister may perform any function that the Minister has under the Commonwealth Act or an associated revenue Act— (a) as a member of the Joint Authority for the Commonwealth-State offshore area provided for by section 32(2) of the Commonwealth Act; or (b) as the Designated Authority for that area provided for by section 29(2) of that Act. (2) The Minister must perform any such function that the Minister is required to perform by the Commonwealth Act or an associated revenue Act. 31—State officer acting under delegation A public sector employee within the meaning of the Public Sector Act 2009 to whom a delegation is made under section 419 of the Commonwealth Act may perform any function that the officer has under that delegation and must perform any such function that the officer is required to perform under the Commonwealth Act. 32 to 34—Section numbers not used Sections 32 to 34—See note 2 to section 3(1). Part 1.4—Application of this Act 35—Act does not apply to exploration for or recovery of petroleum This Act does not apply to the exploration for or recovery of petroleum. 1 For petroleum see section 5. 2 Offshore petroleum exploration and mining are regulated by the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the Petroleum (Submerged Lands) Act 1982 of this State. 36—Section number not used 37—Act applies to all individuals and corporations (1) This Act applies to all individuals, including— (a) individuals who are not Australian citizens; and (b) individuals who are not resident in South Australia. (2) This Act applies to all corporations, including— (a) corporations that are not incorporated in South Australia; and (b) corporations that do not carry on business in South Australia. Part 1.5—Interaction with Marine Parks Act 2007 37A—Interaction with Marine Parks Act 2007 The Minister must, in the administration of this Act, take into account the objects of the Marine Parks Act 2007 (insofar as any activities or proposed activities relate to an area that forms part of a marine park under that Act).

Chapter 2—Regulation of offshore exploration and mining Part 2.1—General 38—General prohibition on exploring and mining without appropriate authorisation A person must not— (a) explore for minerals in coastal waters; or (b) recover minerals from coastal waters, unless the exploration or recovery is authorised by a licence or special purpose consent granted under this Act. Maximum penalty: $30 000. A works licence may be necessary because exploration includes activities that are directly related to exploration (see section 23(1)) and recovery includes activities that are directly related to recovery (see section 24(1)). 39—Licences and consents available under this Act This Act provides for the grant of— (a) exploration licences (see Part 2.2); and (b) retention licences (see Part 2.3); and (c) mining licences (see Part 2.4); and (d) works licences (see Part 2.5); and (e) special purpose consents (see Part 2.6). 1 An exploration licence is designed to cover the exploration phase of a project and authorises— • the recovery of mineral samples. 2 A retention 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— • the recovery of minerals but not as part of a commercial mining operation.

3 A mining licence is designed to cover the commercial mining phase of a project and authorises— • full commercial recovery.

4 A project might make use of any of the following 3 licence arrangements— • an exploration licence leading to a mining licence; • an exploration licence leading to a retention licence and then a mining licence; • a mining licence (without progressing through an exploration/retention licence stage). 5 A licence is granted over a particular area (constituted by blocks). The licence holder may need to carry out engineering or other activities outside the licence area. If so, the licence holder or someone else must obtain a works licence to carry out those activities.

6 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. 7 Even though a person has a licence 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). 40—Steps involved in the grant of a fully effective licence (1) The following 3 steps must occur before a licence comes into force— (a) provisional grant of the licence; (b) proper acceptance of the grant; (c) registration of the grant. See section 88, 154, 232 and 286. (2) If a licence is provisionally granted to a person, the person must do the following to properly accept the grant— (a) give the Minister a written acceptance; (b) lodge any security that the Minister has required; (c) pay the fee that is payable under section 425. See sections 70, 84, 151, 214, 228 and 283. (3) The following 3 steps must occur before a renewal of a licence comes into force— (a) provisional renewal of the licence; (b) proper acceptance of the renewal; (c) registration of the renewal. See sections 89, 155, 233 and 287. (4) If a licence is provisionally renewed, the holder must do the following to properly accept the renewal— (a) give the Minister a written acceptance of the renewal; (b) lodge any security that the Minister has required; (c) pay the fee that is payable under section 425. See sections 114, 173, 250 and 300. 41—Approval of form and manner of applications etc (1) The Minister may approve the form and the manner in which the following are to be made— (a) applications for licences over blocks in coastal waters; (b) applications for the renewal of licences over blocks in coastal waters. (2) An approval under subsection (1) is to be made in writing. 42—Rights to minerals recovered (1) Any minerals recovered by a licence holder or special purpose consent holder from a block covered by the licence or consent become the property of the holder when they are recovered. (2) If the licence or consent authorises the exploration for and the recovery of minerals only of a particular kind, subsection (1) only applies to the recovery of minerals of that kind. (3) Subsection (1) does not apply to the recovery of minerals by a works licence holder. (4) The minerals recovered are not subject to the rights of any other person. (5) Subsection (4) does not apply to rights that the licence or consent holder transfers to the other person. 43—Effect of grant of licence or special purpose consent on native title (1) The grant of a licence or special purpose consent does not extinguish native title in the licence or consent area. (2) While a licence or special purpose consent is in force over an area, native title in the area is subject to the rights conferred by the licence or consent. (3) If compensation is payable under section 24NA(6) of the Native Title Act 1993 of the Commonwealth in respect of the grant of a licence or special purpose consent under this Act, the person who applied for the grant of the licence or consent is declared in terms of subsection (7)(b) of that section to be liable to pay the compensation. 44—Licence etc does not authorise unnecessary interference with other activities in the licence area A person who carries out activities in coastal waters under a licence or special purpose consent granted under this Act must not do so in a way that interferes with— (a) navigation; or (b) the exercise of native title rights and interests; or (c) fishing; or (d) the conservation of the resources of the sea or the seabed; or (e) any activities that someone else is lawfully carrying out, to a greater extent than is necessary for— (f) the reasonable exercise of the person's rights under the licence or consent; or (g) the performance of the person's duties under the licence or consent. The person referred to here might be the licence or consent holder or might be an associated person. Part 2.2—Exploration licences 45—Exploration licences (1) This Part provides for the grant of exploration licences over blocks in coastal waters. (2) An exploration licence may be granted over a standard block (see Division 2) or over a tender block (see Division 3). A tender block is a block that has been declared available for tender. A standard block is any block that is not a reserved block (see sections 19 and 20). 46—Activities authorised by an exploration licence (1) Subject to subsection (2), an exploration licence holder may— (a) explore for minerals in the licence area; and (b) take samples of minerals in the licence area. Under section 23(1) the concept of exploration extends to activities that are directly related to exploration. (2) If the licence is expressed to restrict the kind of minerals covered by the licence, the holder is not permitted to explore for, or to take samples of, minerals not covered by the licence. (3) A restriction on the kind of minerals covered by the licence may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C). (4) For the purposes of subsection (2), the holder does not take samples of an excluded mineral if, in the course of exploring for, or taking samples of, another mineral, the holder recovers some excluded mineral. 47—Minister may cancel or not renew exploration licence without compensation No compensation is payable because of the cancellation or non-renewal of an exploration licence by the Minister. 1 The Minister may cancel the licence under section 130. 2 The Minister may refuse under section 108 to renew the licence. 48—Licence rights may be suspended (1) The Minister must suspend particular rights conferred by an exploration licence if the Minister is satisfied that it is necessary in the public interest to do so. (a) suspends rights conferred by an exploration licence; or the Minister must give the licence holder a written notice that informs the holder of the suspension or the ending of the suspension. See section 122 for the effect of the suspension on the obligations associated with the licence. 49—Compensation for acquisition of property due to suspension of rights (a) the Minister suspends licence rights under section 48; and (a) the Minister suspends licence rights under section 48; and acquisition of property has the same meaning as it has in section 51(xxxi) of the Commonwealth Constitution. Division 2—Application for and grant of exploration licence over standard block 50—Application for exploration licence over standard block (1) A person may apply to the Minister for an exploration licence over a standard block if— (a) the block is vacant; and (b) the block is not excluded. For excluded blocks see section 51. (2) A standard block is vacant if no exploration, retention or mining licence is in force over the block. (3) A person may apply for an exploration licence over a group of standard blocks if— (b) there are not more than 500 blocks in the group. The Minister may, in certain circumstances, allow an application to be made for an exploration licence covering up to 3 discrete areas (see section 53). 51—Excluded blocks (1) A block is excluded if— (a) an exploration licence over the block has been surrendered or cancelled; and (b) a period of 30 days after the day on which the licence was surrendered or cancelled has not ended. (2) A block is excluded for a particular applicant if— (a) the applicant previously applied for an exploration licence over the block; and (b) the application was refused; and (c) a period of 6 months after the day on which the previous application was refused has not ended. (3) A block is excluded for a particular applicant if— (a) the applicant was previously the holder of an exploration, retention or mining licence over the block; and (b) that previous licence was surrendered or cancelled; and (c) a period of 6 months after the day on which the previous licence was surrendered or cancelled has not ended. (4) A block is excluded for a particular applicant if— (a) the applicant was previously the holder of an exploration, retention or mining licence over the block; and (b) the holder was— (i) required by the licence conditions; or (ii) given a direction under section 387 or 392, to provide the Minister with information; and (c) the holder provided the information; and (d) the holder surrendered the licence; and (e) a period of 6 months from the day on which the holder provided the information has not ended. 52—Minister may determine that excluded block is available (1) A person who wants to apply for an exploration licence over a block that is excluded may apply to the Minister for a determination under subsection (2). (2) The Minister may determine that the person may apply for the licence over the block despite section 51. (3) The determination is to be made in writing. 53—Minister may allow application for more than one discrete area (a) a person (the first applicant) applies for an exploration licence; and (b) another person (the second applicant) subsequently applies for an exploration licence for a group of blocks that includes a block covered by the application made by the first applicant; and (c) an exploration licence is then granted to the first applicant; and (d) as a result of the grant, the blocks for which the second applicant can be granted an exploration licence no longer form a discrete area, the second applicant may apply to the Minister for approval for the application to proceed even though the blocks it covers no longer form a discrete area. See also section 59. (2) Subject to subsection (3), the Minister may approve the application proceeding even though the blocks that the application covers do not form a discrete area. (3) The Minister may give an approval under subsection (2) only if the blocks covered by the application form not more than 3 discrete areas. 54—How to apply (i) the activities that the applicant intends to carry out on the block or blocks covered by the application; and (ii) the amount of money that the applicant intends to spend on those activities; and (iii) the technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the licence; and (iv) the technical advice available to the applicant; and (v) the financial resources available to the applicant; and (vi) if the licence is to be held by more than one person, the share in the licence that each prospective holder will hold; and 1 For paragraphs (a) and (b) see section 41. 2 Paragraph (c): the Minister may, after consulting the applicant, vary the blocks applied for (see section 59). 55—Effect of inclusion of unavailable block in application If— (a) a person applies for a licence over a group of standard blocks; and (b) because of section 18, 50 or 51 an exploration licence cannot be granted over one or more of the blocks in the group, the Minister may still deal with the application to the extent to which the application covers blocks for which an exploration licence can be granted. An exploration licence cannot be granted over a block that is not vacant or is excluded (see sections 50 and 51) or over a reserved block (see section 18). 56—Payment of fee (3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee. 57—Application must be advertised (i) that the applicant has applied for an exploration licence over the blocks described in the notice; and (iii) that requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published. (a) the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and 58—How multiple applications are dealt with (1) Subject to subsection (2), if a block is covered by 2 or more applications for an exploration or mining licence, the Minister must deal with the applications in the order in which they are made. See also section 203. (a) the applications are lodged within a particular time of each other; and (b) the time is less than the time prescribed by the regulations, the Minister must determine the order in which the applications are to be dealt with by drawing lots in the way prescribed by the regulations. 59—Discussions about blocks applied for (1) The Minister may ask the applicant to discuss with the Minister the blocks covered by the application. (2) The request under subsection (1) must be— (a) made in writing; and (b) given to the applicant. (3) If, after discussions, the Minister and the applicant agree on the blocks to be covered by the application, the applicant is taken to have applied for an exploration licence over the blocks agreed on. (4) The Minister must give the applicant written confirmation of the agreement as soon as possible after the agreement is reached. (5) The Minister may include in the written confirmation a direction that the applicant must advertise the revised application under section 60. (6) If the Minister and the applicant do not agree on the blocks to be covered by the application— (a) the Minister may make a written determination specifying the blocks to be covered by the application; and (b) the applicant is taken to have applied for an exploration licence over the blocks specified in the determination. (7) The Minister may include in the written determination a direction that the applicant must advertise the revised application under section 60. (8) If the Minister makes a determination under subsection (6), the Minister must give a copy of the determination to the applicant as soon as possible after the determination is made. 60—Advertising revised application (a) the application has been revised under section 59; and (b) the applicant has been given a direction under section 59(5) or (7), the applicant must advertise the revised application in a newspaper circulating throughout the State. (b) a map and description of the blocks covered by the revised application that are sufficient for the blocks to be identified; and (i) that the applicant has applied for an exploration licence over the blocks described in the notice; and (iii) that requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published. (a) if the Minister and the applicant agree on the blocks applied for under section 59(3), as soon as possible after the applicant is given written confirmation of the agreement under section 59(4); or (b) if the Minister makes a determination of the blocks applied for under section 59(6), as soon as possible after the applicant is given a copy of the determination under section 59(8), but in any case, subject to subsection (4), within 14 days after the applicant is given the confirmation or copy. (a) the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and 61—Request for further information 62—Section number not used 63—Minister may provisionally grant licence If the applicant does what is required by sections 54 to 61, the Minister may— (a) provisionally grant an exploration licence to the applicant; or Under section 88, the grant of the licence cannot be effective before it is registered (see section 333 for registration). The grant will not be registered until it has been properly accepted (see section 70 for proper acceptance). 64—Section number not used 65—Matters to be specified in the licence The licence must specify— For the term of a licence see section 88. 66—Applicant must be notified (1) The Minister must give the applicant written notice of a decision under section 63. (2) If the Minister provisionally grants an exploration licence— (ii) notification that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— 67—Amendment of conditions (1) If the provisional holder is dissatisfied with a licence condition, the provisional holder may ask the Minister to amend the condition. (2) The request must be made within 30 days after the day on which the provisional holder is given the licence under section 66. (3) If a request is made under subsection (1), the Minister may amend the licence condition and, with the consent of the provisional holder, any other licence condition. 68—Amendment of security requirements (2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 66. 69—Extension of primary payment period (1) If the provisional holder makes a request under section 67 or 68, the provisional holder may ask the Minister to extend the primary payment period. (2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 66. 70—Acceptance of grant of exploration licence for standard block (1) The provisional grant of the exploration licence is properly accepted by the provisional holder if, before the required time, the provisional holder— Under section 88, the grant of the licence cannot be effective before it is registered (see section 333 for registration). (2) The required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 69, the end of the secondary payment period. 71—Conditions applicable to licence on grant If the provisional grant of the licence is properly accepted under section 70, it is subject to— (a) the conditions specified in the licence given to the applicant under section 66; or (b) if the Minister amended those conditions under section 67, those conditions as amended. 72—Lapse of provisional grant of exploration licence If the provisional grant of the licence is not properly accepted under section 70, the provisional grant lapses.

Division 3—Application for and grant of exploration licence over tender block 73—Matters to be determined before applications for exploration licence over tender blocks invited If the Minister proposes to invite applications for the grant of an exploration licence over reserved blocks, the Minister must, before inviting the applications, determine— (a) the procedure and criteria that the Minister will adopt to allocate the licence; and (b) the amount of security that will be required for the licence under section 399; and 74—Minister may invite applications for exploration licence over tender blocks (1) Subject to subsection (2), the Minister may invite applications for the grant of an exploration licence over reserved blocks. (2) Applications may be invited for a licence covering a group of reserved blocks only if the group forms a discrete area. (3) The Minister is to invite applications by publishing a tender block licence notice for the licence in the Gazette. 75—Tender block licence notice—exploration licence (1) A tender block licence notice for an exploration licence must— (a) specify the blocks to be covered by the licence; and (b) specify the period within which applications may be made; and (c) specify the procedure and criteria that the Minister will adopt to allocate the licence; and (d) specify the amount of security that the successful applicant will be required to lodge; and (e) include a statement to the effect that information about— (i) the security that the successful applicant will be required to lodge; and (ii) the licence conditions, may be obtained from the Minister. (2) Without limiting subsection (1)(c), the Minister may for the purposes of that paragraph specify that the tender will be determined on the basis of either or both of the following— (a) the nature and extent of the exploration activity proposed to be carried out; (b) the amount of money offered for the licence. (3) The tender block licence notice may specify not more than 500 blocks for the exploration licence. 76—Application for exploration licence over tender blocks If a tender block licence notice has been published inviting applications for an exploration licence, a person may apply to the Minister for the licence. 77—How to apply (c) be made before the end of the period specified in the tender block licence notice; and (d) address the criteria specified under section 75(1)(c); (e) include details of— (i) the technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the licence; and (ii) the technical advice available to the applicant; and (iii) the financial resources available to the applicant; and (iv) if the licence is to be held by more than one person, the share in the licence that each prospective holder will hold; and 78—Payment of fee (3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee. 79—Request for further information 80—Section number not used 81—Minister may provisionally grant licence (1) The Minister may provisionally grant an exploration licence to an applicant who has done what is required by sections 77 to 79. (2) When provisionally granting a licence under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender block licence notice published for the licence under section 74. (3) If the Minister refuses to grant a licence under subsection (1), the Minister must give the applicant written notice of the refusal. 82—Section number not used 83—Successful applicant must be notified (1) If the Minister provisionally grants an exploration licence under section 81 or 87, the Minister must give the provisional holder— (a) the licence; and (b) written notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given— (i) gives the Minister a written acceptance of the grant; and (iii) pays the fee that must be paid for the licence under section 425; and (iv) if the tender is determined on the basis of the amounts of money offered for the licence, pays to the Minister the amount that the provisional holder offered for the licence under section 77(1)(d). (2) The licence must specify— For the term of a licence see section 88. 84—Acceptance of grant of exploration licence over tender blocks The provisional grant of an exploration licence is properly accepted by the provisional holder if, within 30 days after the day on which the provisional holder is given notice under section 83, the provisional holder— (c) pays the fee that must be paid for the licence under section 425; and (d) if the tender is determined on the basis of the amount of money offered for the licence, pays to the Minister the amount that the provisional holder offered for the licence under section 77(1)(d). Under section 88, the grant of the licence cannot be effective before it is registered (see section 333 for registration). 85—Conditions applicable to licence on grant If the provisional grant of the licence is properly accepted, the licence is subject to the conditions determined under section 73. 86—Lapse of provisional grant of exploration licence If the provisional grant of the licence is not properly accepted under section 84, the provisional grant lapses. 87—Provisional grant to next applicant if grant lapses (1) If the provisional grant of the licence lapses under section 86, the Minister may provisionally grant the licence to another of the applicants for the licence. (2) When provisionally granting a licence under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender block licence notice published for the licence under section 74.

Division 4—Duration of exploration licence 88—Initial term of exploration licence (1) An exploration licence comes into force on— (b) if a day later than the day on which the grant of the licence is registered is specified in the licence as its commencement day, that specified day. (2) The initial term of an exploration licence ends— (a) 4 years after the day on which the licence is provisionally granted; or (b) if a day later than the day on which the licence is provisionally granted is specified in the licence as its commencement day, 4 years after that specified day. The licence may be surrendered at any time (see section 127). 89—Term of renewal of exploration licence (1) A renewal of an exploration licence comes into force on— See Division 6 for renewal. (2) The term of a renewal of a licence ends 2 years after the day on which the previous term of the licence expires. The licence may be surrendered at any time (see section 127). (3) In working out the previous term of the licence, section 90 is to be disregarded. (4) An exploration licence is not to be renewed more than 3 times. 90—Effect of suspension of rights on term of exploration licence (1) If the Minister suspends rights conferred by an exploration licence for a specified period under section 48, the Minister may extend the term of the licence. (2) An extension of a licence term under subsection (1)— (a) must not be for a period that is longer than the period for which the licence rights were suspended; and (b) must be in writing. (3) If the Minister extends the term of a licence under subsection (1), the Minister must give the licence holder a written notice that informs the holder— (a) that the licence has been extended; and (b) of the period of the extension. 91—Effect of application for renewal on term of exploration licence If— (a) an exploration licence holder applies to renew the licence under section 101; and 92—Effect of application for retention licence or mining licence on term of exploration licence If— (a) an exploration licence holder applies for— (i) a retention licence (see section 137); or (ii) a mining licence (see section 198), over the licence area, or part of the licence area, of the exploration licence; and (b) the current term of the exploration licence expires; and (c) a grant of the retention licence or mining licence does not take effect before the current term of the exploration licence expires, the exploration licence remains in force until— (d) the grant of the retention licence or mining licence takes effect; or (e) a provisional grant of the retention licence or mining licence lapses; or (f) the application for the retention licence or mining licence is withdrawn or refused. 93—Effect of application for extension on term of licence If— (a) an exploration licence holder applies for an extension of the term of the licence under section 94 or 96; and (b) the holder has also applied to renew the licence under section 101; and (c) the extension application is not decided before the licence is due to expire, then— (d) the renewal application lapses; and (e) the licence remains in force until— (i) if the Minister extends the term of the licence under section 95 or 97 for a specified period, 30 days after the day on which that period ends; or (ii) if the Minister refuses to extend the term of the licence under section 95 or 97, 30 days after the day on which the holder is given notice of the refusal under section 98. 94—Extension of licence—activities disrupted (a) an exploration licence authorises the licence holder to carry out an activity; and (b) circumstances beyond the control of the holder prevent the holder from carrying out the activity, the holder may apply to the Minister for an extension of the term of the licence. (2) The application must be made— (a) within 30 days after the day on which the holder first became aware of the circumstances; and (b) before the licence expires. 95—Grant of licence extension—activities disrupted (1) Subject to subsection (2), if an exploration licence holder applies for an extension under section 94, the Minister— (a) must grant an extension of the term of the licence if the Minister is satisfied that— (i) the holder is or has been unable to carry out the activities authorised by the licence; and (ii) the holder is or has been unable to do so because of circumstances beyond the holder's control; and (iii) no excluded time is included in the period of inability for which an extension is sought; and (b) must refuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a). (2) The period for which the extension is granted must not be longer than the disruption period for the licence less any excluded time for the licence. (3) The extension may be granted subject to whatever conditions the Minister thinks appropriate. (4) In this section— disruption period for a licence means the period during which the licence holder is unable to carry out activities authorised by the licence because of circumstances beyond the holder's control; excluded time for a licence means any period during which the licence 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 licence for a period, the Minister may extend the term of the licence for an equivalent period. Under section 91, the term of a licence is automatically extended if there is an application for the renewal of a licence undecided when the licence is due to expire. Under section 92, the term of a licence is automatically extended if the holder applies for a retention or mining licence over the licence area. Under section 93, the term of a licence is automatically extended if there is an application for an extension of the licence undecided when the licence is due to expire. 96—Extension of licence—other circumstances (1) An exploration licence holder may apply to the Minister for an extension of the term of the licence if, under section 121, the Minister— (b) exempts the holder from complying with a licence condition. (2) The application must be made not later than 30 days before the licence expires. 97—Grant of licence extension—other circumstances (1) Subject to subsection (2), if an exploration licence holder applies for an extension under section 96, the Minister— (a) may grant an extension of the term of the licence; or (b) may refuse to grant an extension of the term of the licence. (2) The extension must not be for a period that is longer than the period of the suspension or exemption. (3) The extension may be granted subject to whatever conditions the Minister thinks appropriate. 98—Notification of decision (1) If the Minister grants an extension of the term of the exploration licence under section 95 or 97, the Minister must give the licence holder a written notice that informs the holder of— (a) the grant of extension; and (b) the period of the extension; and (c) if the extension is subject to conditions, the conditions. (2) If the Minister refuses an application for a licence extension, the Minister must give the licence holder a written notice that informs the holder of— (a) the refusal; and (b) the reasons for the refusal.

Division 5—Voluntary surrender of part of exploration licence area 99—Voluntary surrender of blocks if discrete area remains (1) An exploration licence holder may surrender a block or some of the blocks covered by the licence if the remaining blocks in the licence area form a discrete area. See section 127 for the surrender of the whole licence. 100—Voluntary surrender of blocks if up to 3 discrete areas remain (a) an exploration licence holder wants to surrender some of the blocks covered by the licence; and (b) the blocks remaining in the licence area after the proposed surrender would form not more than 3 discrete areas, the holder may apply to the Minister for approval of the proposed surrender. (2) The application— (b) must include a surrender proposal that identifies the blocks in the licence area that the holder proposes to surrender; and (c) may include any other information that the holder thinks is relevant. (3) If the Minister agrees with the surrender proposal, the Minister may approve the surrender of the blocks specified in the proposal by giving the holder written notice of the approval. (4) If the Minister does not agree with the surrender proposal, the Minister may ask the holder to discuss the proposal. (5) If the Minister and the holder agree, after discussions, on the blocks to be surrendered the Minister may approve the surrender of the blocks agreed on by giving the holder written confirmation of the agreement. (6) If, after discussions, the Minister and the holder do not agree on the surrender proposal, no blocks are surrendered.

Division 6—Application for and grant of renewal of exploration licence 101—Application for renewal of exploration licence An exploration licence holder may apply to the Minister to renew the licence. 1 Part of the licence area must be surrendered on each renewal (see section 104). 2 At each renewal, the licence conditions are reviewed (see section 118). 102—When application to be made (1) Subject to subsections (2) and (3), the application must be made at least 30 days before the day on which the licence is to expire. If an application for extension of a licence is made, the expiry of the licence is postponed (see section 93). For expiry of a licence see section 126. (2) The Minister may accept an application that is made later than 30 days before the day on which the licence is to expire if— (3) If a licence remains in force because of section 93(e)(ii), the application may be made at any time before the licence ceases to be in force. 103—How to apply for renewal (ii) the amount of money spent by the applicant in relation to the blocks covered by the licence during its current term; and (iv) the amount of money that the applicant intends to spend on those activities during the term applied for; and (d) specify the blocks that the applicant nominates for surrender in accordance with section 104. 104—Mandatory reduction of licence area on renewal of exploration licence (1) This section deals with the mandatory reduction of the licence area covered by an exploration licence when the licence is renewed. (2) Subject to subsection (4)(b), on each surrender day of an exploration licence, the licence holder must surrender— (a) 50 per cent of the number of blocks in the licence area; or (b) if 50 per cent of that number of the blocks is a whole number and a fraction, the next higher whole number of the blocks. (3) Subject to subsection (4)(a), the blocks that remain in the licence area after a surrender under subsection (2) must form a discrete area. (4) The Minister may— (a) give permission for the surrender of blocks in a licence area if the licence area remaining after the proposed surrender would consist of not more than 3 discrete areas; or (b) give permission for a licence area to be reduced by less than 50 per cent if the Minister considers that there are special circumstances present in relation to the renewal application. 105—Request for further information (1) The Minister may ask the applicant to provide further information about the application. 106—Payment of fee (3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee. 107—Section number not used 108—Provisional renewal of an exploration licence (1) The Minister must provisionally renew an exploration licence if the applicant— (a) does what is required by sections 101 to 106; and (b) has complied with— (i) this Act; and (ii) the regulations; and (iii) the licence conditions. 1 Under section 89, the renewal of the licence cannot be effective before it is registered (see section 334 for registration). The renewal will not be registered until it has been properly accepted (see section 114 for proper acceptance). 2 Under section 118, new conditions may be imposed on renewal. (2) If subsection (1) does not require the Minister to provisionally renew the licence, the Minister may— (b) refuse to renew the licence. 109—Section number not used 110—Applicant must be notified (1) The Minister must give the applicant written notice of the Minister's decision under section 108. (2) If the Minister provisionally renews the exploration licence under section 108, the notice must contain the following information— (a) notification of the conditions of the renewed licence; (b) notification of any determination under section 399 that the applicant must lodge a security or a further security; (c) notification that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— (ii) lodges any security required by the Minister under section 399; and (iii) pays the fees that must be paid under section 425. Section 118 provides for renewals to be granted subject to conditions. 111—Amendment of conditions (a) has been provisionally granted a renewal of the licence under section 108; and (3) If a request is made under subsection (1), the Minister may amend the licence conditions and, with the consent of the holder, any other licence condition. 112—Amendment of security requirements (a) has been provisionally granted a renewal of the licence under section 108; and 113—Extension of primary payment period (1) If the licence holder makes a request under section 111 or 112, the holder may ask the Minister to extend the primary payment period. 114—Acceptance of renewal of exploration licence (1) The provisional renewal of an exploration licence is properly accepted by the licence holder if, before the required time, the holder— Under section 89, the renewal of the licence cannot be effective before it is registered (see section 334 for registration). (2) The required time under subsection (1) is the end of the primary payment period or, if the licence holder has been granted an extension of the primary payment period under section 113, the end of the secondary payment period. 115—Conditions applicable to licence on renewal If the provisional renewal is properly accepted under section 114, the renewed licence is subject to— (a) the conditions specified in the notice given to the licence holder under section 110; or (b) if the Minister amended those conditions under section 111, those conditions as amended. 116—Lapse of provisional renewal of exploration licence If the provisional renewal of an exploration licence is not properly accepted under section 114, the provisional renewal lapses.

Division 7—Obligations associated with exploration licence 117—General (1) The sources of obligations associated with an exploration licence are— For paragraph (a) see sections 118 to 120. For paragraph (c) see section 44, 123 to 125, section 372 and 391(1). (2) If an exploration licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the licence. 118—Conditions of exploration licence (1) The Minister may grant or renew an exploration licence subject to whatever conditions the Minister thinks appropriate. (2) If the Minister grants or renews an exploration licence subject to conditions, the conditions must be specified in the licence. (3) Without limiting subsection (1), the Minister may attach the following kinds of conditions to the grant or renewal of an exploration licence— (b) a condition requiring the holder to carry out certain work in or in relation to the licence area during the term of the licence; (c) a condition requiring the holder to spend a specified amount of money in carrying out the work referred to in paragraph (b); (d) a condition requiring the holder to lodge a security with the Minister; (e) a condition requiring the holder to keep specified information; (f) a condition requiring the holder to give the Minister, on request, specified information; (g) a condition requiring the holder to take steps to protect the environment of the licence area, including conditions relating to— (ii) minimising the effect on the environment of the licence area and the area surrounding the licence area of activities carried out in the licence area; (h) a condition requiring the holder to repair any damage to the environment caused by activities in the licence area; (i) a condition requiring the holder to pay a specified penalty to the State if the holder does not comply with a licence condition. (4) A condition under subsection (3)(d) must specify— (5) Without limiting subsection (3)(d), a condition under that paragraph may require the lodgment of a security in the form of a guarantee and if a guarantee is required the condition may specify— 119—No conditions requiring payment of money Except for a condition requiring the payment of a penalty or lodgment of security, a licence condition must not require the payment of money to the State. 120—Variation of conditions (a) an exploration licence holder requests the Minister in writing to vary a licence condition; or (b) an exploration licence continues in force because of section 93; or (c) an extension of the term of an exploration licence is granted under section 95; or (d) part of the licence area of an exploration licence is surrendered under section 99 or 100, to an exploration licence holder, the Minister may vary a licence condition to the extent necessary to avoid inconsistency between the licence conditions and the direction, approval, consent or exemption. 121—Exemption from or suspension of conditions (a) an exploration licence holder requests the Minister in writing to— (b) an exploration licence continues in force because of section 93; or (c) an extension of the term of an exploration licence is granted under section 95; or (d) part of the licence area of an exploration licence is surrendered under section 99 or 100, (e) suspend a licence condition; or (f) exempt the holder from complying with a licence condition. to an exploration licence holder, the Minister may suspend a licence condition, or exempt the holder from compliance with a licence condition, to the extent necessary to avoid inconsistency between the licence conditions and the direction, approval, consent or exemption. A suspension or exemption of a condition cannot be effective before it is registered (see section 337). 122—Automatic suspension of conditions if licence rights are suspended If— (a) the Minister suspends particular rights conferred by an exploration licence under section 48; and 123—Work practices A person who is an exploration licence holder or an associate of the holder, in carrying out activities in the licence area that are authorised by the licence, must take all reasonable steps— (a) to ensure that the activities are carried out at a standard that is accepted as reasonable and proper in the mining industry; and (b) to maintain in good repair all structures and equipment erected in, or brought into, the licence area by the person; and 124—Licence holder must keep specified records etc An exploration licence holder must— Under sections 386 and 387 the Minister may direct a person to keep records and samples, to give records and samples to the Minister, and to make returns. 125—Licence holder must assist inspectors An exploration licence holder must provide an inspector with reasonable facilities and assistance so that the inspector is able to carry out compliance inspections.