Offshore Minerals Act 2000
Div 7Obligations associated with exploration licence
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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.