Div 8Expiry of exploration licence

Division 8—Expiry of exploration licence 126—General (1) An exploration licence expires if— (c) a retention licence is granted over the blocks in the licence area of the exploration licence; or (d) a mining licence is granted over the blocks in the licence area of the exploration licence; or (e) the licence is cancelled. For paragraph (a) see Division 6. For paragraph (b) see section 127. For paragraph (c) see section 128. For paragraph (d) see section 129. For paragraph (e) see section 130. (2) In subsection (1)(a) the reference to the term of the licence includes any period during which the licence is in force under section 90, 91, 92 or 93. 127—Voluntary surrender of exploration licence An exploration licence holder may surrender the licence. 1 See Division 5 for voluntary surrender of part of a licence area. 128—Automatic expiry of exploration licence when retention licence takes effect If— (a) an exploration licence is in force; and (b) a retention licence over all or some of the blocks in the exploration licence area comes into force under section 154, the exploration licence expires in relation to the blocks covered by the retention licence. 129—Automatic expiry of exploration licence when mining licence takes effect If— (a) an exploration licence is in force; and (b) a mining licence over all or some of the blocks in the exploration licence area comes into force under section 232, the exploration licence expires in relation to the blocks covered by the mining licence. 130—Cancellation of exploration licence (1) Subject to subsection (5), the Minister may cancel an exploration licence if the licence holder— (2) If the Minister proposes to cancel a licence under subsection (1), the Minister must give the licence holder a written notice that informs the holder of the proposed cancellation. (c) specify the day by which submissions may be given to the Minister; and (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the licence and to prevent any similar breach or contravention from happening again; and 131—Obligations of former exploration licence holders and former associates (i) an exploration licence holder; or (ii) an associate of an exploration licence holder; and (3) Subsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular manner if the person carries them out. Part 2.3—Retention licences 132—Retention licences This Part provides for the grant of retention licences over blocks in coastal waters. A retention licence is designed to allow an exploration licence holder to retain rights over an area if— • the holder has identified and evaluated a significant mineral deposit in the exploration licence area; and • mining the deposit is not commercially viable in the short term; and • there is a reasonable prospect of development of the deposit in the longer term. See section 145 for the grounds on which a retention licence may be granted. 133—Activities authorised by a retention licence (1) Subject to subsections (2) and (3), a retention licence holder may— (a) explore for minerals in the licence area; and (b) recover minerals in the licence area. 1 The retention licence may specify a restricted range of activities that are the only ones authorised by the licence (see section 146(3)). 2 Under section 23(1) the concept of exploration extends to activities that are directly related to exploration. 3 Under section 24(1) the concept of recovery extends to activities that are directly related to the recovery of minerals. (2) A retention licence does not authorise the recovery of minerals as part of a commercial mining operation. (3) 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 recover, minerals not covered by the licence. (4) 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). (5) For the purposes of subsection (3), the holder does not recover an excluded mineral if, in the course of exploring for, or recovering, another mineral, the holder recovers some excluded mineral. 134—Minister may cancel or not renew retention licence without compensation No compensation is payable because of the cancellation or non-renewal of a retention licence by the Minister. 1 The Minister may cancel the licence under section 189 or 190. 2 The Minister may refuse under section 165 to renew the licence. 135—Licence rights may be suspended (1) The Minister must suspend particular rights conferred by a retention licence if the Minister is satisfied that it is necessary in the public interest to do so. (a) suspends rights conferred by a retention licence; or the Minister must give the licence holder a written notice that informs the holder of the suspension or the ending of a suspension. See section 181 for the effect of the suspension on the obligations associated with the licence. 136—Compensation for acquisition of property due to suspension of rights (a) the Minister suspends licence rights under section 135; and (a) the Minister suspends licence rights under section 135; 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 retention licence 137—Application for retention licence (1) An exploration licence holder may apply to the Minister for a retention licence over blocks within the exploration licence area. (2) A person may apply for a retention licence over a group of blocks only if— (b) there are not more than 20 blocks in the group. (3) The exploration licence holder may apply for 2 or more retention licences over different parts of the exploration licence area. 138—How to apply (i) the reasons why the applicant is applying for a retention licence rather than a mining licence; and (ii) the mineral deposit that the applicant has identified and evaluated and that the applicant believes is commercially viable in the longer term; and (iii) the applicant's assessment of the present and potential commercial viability of the mineral deposit; and (iv) the overall work program that the applicant has already carried out under the exploration licence on the blocks covered by the application; and (v) the amount of money that the applicant has already spent under the exploration licence on and in connection with the blocks covered by the application; and (vi) the activities that the applicant intends to carry out on the blocks covered by the application; and (vii) the amount of money that the applicant intends to spend on and in connection with those activities; and (viii) 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 (ix) the technical advice available to the applicant; and (x) the financial resources available to the applicant; and (2) The mineral deposit details given under subsection (1)(d)(ii) must include— (a) a full description of the mineral deposit; and (b) both factual information about the deposit and the applicant's interpretation of the factual information. (3) The applicant may include in the application any other information that the applicant thinks is relevant. 139—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. 140—Application must be advertised (i) that the applicant has applied for a retention licence for 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 141—Request for further information 142—Section number not used 143—Minister may provisionally grant licence If the applicant does what is required by sections 138 to 141, the Minister may— (a) subject to section 145, provisionally grant a retention licence to the applicant; or Under section 154, 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 151 for proper acceptance). 144—Section number not used 145—Grounds for granting retention licence (1) The Minister may provisionally grant the retention licence only if the Minister is satisfied that— (a) the exploration licence holder has identified and evaluated a significant mineral deposit in the exploration licence area; and (b) there are reasonable grounds for the holder not applying immediately for a mining licence. (2) Without limiting subsection (1), reasonable grounds for not applying immediately for a mining licence include the following— (a) the need to obtain government approvals (for example, relating to environmental protection) before mining activities can commence; (b) the need to carry out further exploration or evaluation in order to establish the commercial viability of a mineral deposit found in the licence area; (c) the need to develop technologies before mining activities can commence; (d) the need to arrange finance, or to secure additional capital reserves, before mining activities can commence; (e) the existence of economic considerations (for example, the prevailing condition of the commodity market for the minerals concerned) that effectively preclude mining activities in the immediate future; (f) the existence of political considerations that effectively preclude mining activities in the immediate future. 146—Matters to be specified in the licence (2) The term specified under subsection (1)(b) is not to exceed 5 years. (3) The licence may specify the activities that may be carried out under the licence. (4) If the licence includes a specification under subsection (3), the licence authorises only the specified activities. 147—Applicant must be notified (1) The Minister must give the applicant written notice of a decision under section 143. (2) If the Minister provisionally grants a retention licence— (ii) notification that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— 148—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 147. (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. 149—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 147. 150—Extension of primary payment period (1) If the provisional holder makes a request under section 148 or 149, 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 147. 151—Acceptance of grant of retention licence (1) The provisional grant of a retention licence is properly accepted by the provisional holder if, before the required time, the provisional holder— Under section 154, the grant of the licence cannot be effective before the grant 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 150, the end of the secondary payment period. 152—Conditions applicable to licence on grant If the provisional grant of the licence is properly accepted under section 151, it is subject to— (a) the conditions specified in the licence given to the applicant under section 147; or (b) if the Minister amended those conditions under section 148, those conditions as amended. 153—Lapse of provisional grant of retention licence If the provisional grant of the licence is not properly accepted under section 151, the provisional grant lapses. Division 3—Duration of retention licence 154—Initial term of retention licence (1) A retention 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 a retention licence expires at the end of the period specified in the licence under section 146(1). 1 For the maximum initial term see section 146(2). 2 The licence may be surrendered at any time (see section 187). (3) The period runs from— (b) if a day later than the day on which the licence is provisionally granted is specified in the licence as its commencement day, that specified day. 155—Term of renewal of licence (1) A renewal of a retention licence comes into force on— See Division 5 for renewal. (2) The term of a renewal of a licence expires at the end of the period specified in the notice under section 169. 1 For the maximum term of renewal see section 169(3). 2 The licence may be surrendered at any time (see section 187). (3) The period runs from the expiry of the previous term of the licence. (4) In working out the period referred to in subsection (3) section 156 is to be disregarded. 156—Effect of application for renewal on term of retention licence If— (a) a retention licence holder applies to renew the licence under section 159; and 157—Effect of application for mining licence on term of retention licence If— (a) a retention licence holder applies for a mining licence over the licence area, or part of the licence area, of the retention licence; and (b) the current term of the retention licence expires; and (c) a grant of the mining licence does not take effect before the current term of the retention licence expires, the retention licence remains in force until— (d) the grant of the mining licence takes effect; or (e) a provisional grant of the mining licence lapses; or (f) the application for the mining licence is withdrawn or refused. Division 4—Voluntary surrender of part of retention licence area 158—Voluntary surrender of blocks if discrete area remains (1) A retention 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 187 for the surrender of the whole licence. Division 5—Application for and grant of renewal of retention licence 159—Application for renewal of retention licence A retention licence holder may apply to the Minister to renew the licence. At each renewal, the licence conditions are reviewed (see section 177). 160—When application to be made (1) Subject to subsection (2), the application must be made at least 6 months before the day on which the licence is to expire. (2) The Minister may accept an application that is made later than 6 months before the day on which the licence is to expire if— 161—How to apply for renewal (i) the reasons why the applicant is applying to renew the retention licence rather than applying for a mining licence; and (ii) the activities carried out by the applicant under the licence during its current term; and (iii) the amount of money spent by the applicant in relation to the blocks covered by the licence during its current term; and (iv) the results obtained by the applicant from carrying out the activities referred to in subparagraph (ii); and (v) the activities that the applicant intends to carry out under the licence during the term applied for; and (vi) the amount of money that the applicant intends to spend in relation to activities authorised by the licence during the term applied for. 162—Request for further information (1) The Minister may ask the applicant to provide further information relating to the application. 163—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. 164—Section number not used 165—Provisional renewal of retention licence (b) subject to section 168, refuse to renew the licence. 1 Under section 155, 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 173 for proper acceptance). 2 Under section 177, new conditions may be imposed on renewal. 166—Section number not used 167—Matters that may be taken into account In determining whether to renew the licence, the Minister may have regard to— (a) whether mining activities are commercially viable in the retention licence area; and (b) whether the applicant has complied with— (i) this Act; and (ii) the regulations; and (iii) any licence conditions. 168—Refusal of application for renewal (1) If the Minister proposes to refuse to renew the licence, the Minister must give the applicant notice of the proposed refusal. The retention licence remains in force until the application for renewal has been finally determined (ie until the Minister decides whether or not to renew the licence) (see section 156). (b) give details of the Minister's reasons for the proposal not to renew the licence; and (c) invite the applicant to make written submissions on the proposed non-renewal to the Minister; and (d) specify the day by which submissions may be made to the Minister. (3) The day specified under subsection (2)(d) is to be at least 30 days after the day on which the notice under subsection (1) is given to the applicant. (4) The Minister, in deciding whether to refuse to renew the licence, must have regard to any submissions made by the applicant in response to the notice under subsection (1). 169—Applicant must be notified (1) The Minister must give the applicant written notice of the Minister's decision under section 165. (2) If the Minister provisionally renews the licence under section 165, the notice must contain the following information— (c) notification of any determination under section 399 that the applicant must lodge a security or a further security; (d) notification that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— (iii) pays the fee that must be paid under section 425. Paragraph (b): section 177 provides for renewals to be granted subject to conditions. (3) The term specified under subsection (2)(a) is not to exceed 5 years. 170—Amendment of conditions (a) has been provisionally granted a renewal of the licence under section 165; and (2) The request must be made within 30 days after the day on which the applicant is given notice under section 169. (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. 171—Amendment of security requirements (a) has been provisionally granted a renewal of the licence under section 165; and (2) The request must be made within 30 days after the day on which the holder is given notice under section 169. 172—Extension of primary payment period (1) If the licence holder makes a request under section 170 or 171, the 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 holder is given notice under section 169. (3) If the Minister agrees to the request to extend the primary payment period, the Minister must— 173—Acceptance of renewal of retention licence (1) The provisional renewal of a retention licence is properly accepted by the licence holder if, before the required time, the holder— Under section 155, 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 172, the end of the secondary payment period. 174—Conditions applicable to licence on renewal If the provisional renewal is properly accepted under section 173, the renewed licence is subject to— (a) the conditions specified in the notice given to the licence holder under section 169; or (b) if the Minister amended those conditions under section 170, those conditions as amended. 175—Lapse of provisional renewal of retention licence If the provisional renewal of a retention licence is not properly accepted under section 173, the provisional renewal lapses. Division 6—Obligations associated with retention licence 176—General (1) The sources of obligations associated with a retention licence are— (b) obligations arising from directions under section 387 or section 392 given by the Minister; and For paragraph (a) see section 177. For paragraph (c) see sections 44, 177 to 185, 372 and 391(1). (2) If a retention licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the licence. 177—Conditions of retention licence (1) The Minister may grant or renew a retention licence subject to whatever conditions the Minister thinks appropriate. (2) If the Minister grants or renews a retention 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 a retention licence— (b) a condition requiring the holder to carry out certain activities 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 activities 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 provision may require the lodgment of a security in the form of a guarantee and if a guarantee is required the condition may specify— 178—No conditions requiring payment of money Except for a condition requiring the payment of a penalty or lodgment of a security, a licence condition must not require the payment of money to the State. 179—Variation of conditions (a) a retention licence holder requests the Minister in writing to vary a licence condition; or (b) part of the licence area of a retention licence is surrendered under section 158, to a retention 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. 180—Exemption from or suspension of conditions (a) a retention licence holder requests the Minister in writing to— (b) part of the licence area of a retention licence is surrendered under section 158, to a retention 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. (b) exempt the licence holder from compliance with a licence condition, 181—Automatic suspension of conditions if licence rights are suspended If— (a) the Minister suspends particular rights conferred by a retention licence under section 135; and 182—Significant changes in circumstances to be reported to Minister (1) A retention licence holder must notify the Minister of any change of circumstances that significantly affects the long term viability of mining activities in the retention licence area. The Minister may cancel the retention licence if the Minister believes that circumstances have changed so that mining activities can now commence (see section 190). (2) Subsection (1) applies to a change of circumstances whether favourable or unfavourable to the long term viability of mining activities in the retention licence area. 183—Work practices A person who is a retention 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 184—Licence holder must keep specified records etc A retention licence holder must— Under sections 386 and 387 the Minister may direct a person to keep records and samples and to give records and samples to the Minister, and to make returns. 185—Licence holder must assist inspectors A retention licence holder must provide an inspector with reasonable facilities and assistance so that the inspector is able to carry out compliance inspections. Division 7—Expiry of retention licence 186—General A retention licence expires if— (c) a mining licence is granted over the blocks in the licence area of the retention licence; or (d) the licence is cancelled. For paragraph (a) see Division 5. For paragraph (b) see section 187. For paragraph (c) see section 188. For paragraph (d) see sections 189 and 190. 187—Voluntary surrender of retention licence A retention licence holder may surrender the licence. 1 See Division 4 for voluntary surrender of part of a licence area. 188—Automatic expiry of retention licence when mining licence takes effect If— (a) a retention licence is in force; and (b) a mining licence over all or some of the blocks in the retention licence area comes into force under section 232, the retention licence expires in relation to the blocks covered by the mining licence. 189—Cancellation of retention licence, breach of condition etc (1) Subject to subsection (5), the Minister may cancel a retention licence if the licence holder— (2) If the Minister proposes to cancel a licence under subsection (1), the Minister must give the holder a written notice that informs the holder of the proposed cancellation. (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the licence and to prevent any similar breach or contravention from happening again; and 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— (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. 191—Obligations of former retention licence holders and former associates (i) a retention licence holder; or (ii) an associate of a retention licence holder; and (3) Subsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular manner if the person carries them out. Part 2.4—Mining licences 192—Mining licences (1) This Part provides for the grant of mining licences over blocks in coastal waters. (2) A mining licence may be granted over— (a) a vacant standard block (see Division 2); or (b) certain blocks that are not vacant (see Division 2); or (c) a tender block (see Division 3). 1 A tender block is a block that has been declared available for tender. A standard block is any other block (see sections 19 and 20). 2 A retention or exploration licence holder may apply for a mining licence over the same area or part of the same area. 193—Activities authorised by a mining licence (1) Subject to subsection (2), a mining licence holder may— (a) recover minerals in the licence area; and (b) explore for minerals in the licence area. 1 Under section 23(1) the concept of exploration extends to activities that are directly related to exploration. 2 Under section 24(1) the concept of recovery extends to activities that are directly related to the recovery of minerals. (2) If the licence is expressed to restrict the kind of minerals covered by the licence, the holder is not permitted to recover, or to explore for, 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 recover an excluded mineral if, in the course of recovering, or exploring for, another mineral, the holder recovers some excluded mineral. 194—Minister may cancel or not renew mining licence without compensation No compensation is payable because of the cancellation or non-renewal of a mining licence by the Minister. 1 The Minister may cancel the licence under section 265. 2 The Minister may refuse under section 242 to renew the licence. 195—Licence rights may be suspended (1) The Minister must suspend particular rights conferred by a mining licence if the Minister is satisfied that it is necessary in the public interest to do so. (a) suspends rights conferred by a mining licence; or the Minister must give the licence holder a written notice that informs the holder of the suspension or the ending of a suspension. See section 258 for the effect of the suspension on the obligations associated with the licence. 196—Compensation for acquisition of property due to suspension of rights (a) the Minister suspends licence rights under section 195; and (a) the Minister suspends licence rights under section 195; 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 mining licence over standard blocks 197—Application for mining licence over vacant standard block (1) A person may apply to the Minister for a mining licence over a standard block that is vacant. (2) A standard block is vacant if no exploration, retention or mining licence is in force over the block. (3) The application must not cover more than 20 blocks. (4) If the application is for a licence over a group of blocks, the blocks must form a discrete area. 198—Holder of exploration licence or retention licence may apply for mining licence (1) An exploration or retention licence holder may apply to the Minister for a mining licence over all or some of the blocks in the licence area of the exploration or retention licence. (2) A person may apply for a mining licence under subsection (1) over a group of blocks only if— (b) there are not more than 20 blocks in the group. (3) The holder may apply for 2 or more mining licences over different parts of the licence area of the exploration or retention licence. 199—How to apply (1) An application under section 197 or 198 must— (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 of the licence that each prospective holder will hold; and 200—Effect of inclusion of unavailable block in applications If— (a) a person applies under section 197 or 198 for a licence over a group of blocks; and (b) because of section 18, 197 or 198 a mining 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 a mining licence can be granted. A mining licence cannot be granted over a block that is not vacant or over a reserved block (see section 18). 201—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. 202—Application must be advertised (1) The applicant must advertise the application in a newspaper that circulates throughout the State. (i) that the applicant has applied for a mining 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) as soon as possible after the applicant lodges the application; and (b) in any case, subject to subsection (4), within 14 days after the day on which the applicant lodges the application. (a) the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and 203—How multiple applications are dealt with (1) Subject to subsection (2), if a block is covered by 2 or more applications for a mining or exploration licence, the Minister must deal with the applications in the order in which they are made. See also section 58. (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. 204—Request for further information (1) The Minister may ask the applicant for further information relating to the application. 205—Section number not used 206—Minister may provisionally grant licence If the applicant does what is required by sections 199 to 204, the Minister may— (a) provisionally grant a mining licence to the applicant; or (b) subject to section 208, refuse the application. Under section 232, 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 214 for proper acceptance). 207—Section number not used 208—Refusal of application for mining licence made under section 198 (1) If the Minister proposes to refuse an application for a mining licence made under section 198, the Minister must notify the applicant of the proposed refusal. (b) specify the reason for the proposed refusal; and (c) invite the applicant to make written submissions in relation to the proposed refusal; and (d) specify the day by which submissions may be made to the Minister; and (e) specify an address where submissions are to be lodged. (3) The day specified under subsection (2)(d) must be not less than 30 days after the day on which the notice is given. (4) The Minister may refuse to grant an application for a mining licence made under section 198 only if— (a) the applicant has been given a notice under subsection (1); and (b) the Minister has considered any submission made by the applicant; and (c) the Minister is satisfied that no special circumstances exist that justify the licence being granted. 209—Matters to be specified in the licence (2) The term specified under subsection (1)(b) is not to exceed 21 years. 210—Applicant must be notified (1) The Minister must give the applicant written notice of the Minister's decision under section 206. (2) If the Minister provisionally grants a mining licence— (ii) notification that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (B) lodges any security required by the Minister under section 399; and 211—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 210. (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. 212—Amendment of security requirements (2) The request must be made within 30 days after the day on which the applicant is given notice under section 210. 213—Extension of primary payment period (1) If the provisional holder makes a request under section 211 or 212, 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 210. 214—Acceptance of grant of mining licence for standard block (1) The provisional grant of the mining licence is properly accepted by the provisional holder if, before the required time, the provisional holder— Under section 232, 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 213, the end of the secondary payment period. 215—Conditions applicable to licence on grant If the provisional grant of the licence is properly accepted under section 214, it is subject to— (a) the conditions specified in the licence given to the applicant under section 210; or (b) if the Minister amended those conditions under section 211, those conditions as amended. 216—Lapse of provisional grant of mining licence If the provisional grant of the licence is not properly accepted under section 214, the provisional grant lapses. Division 3—Application for and grant of mining licence over tender block 217—Matters to be determined before applications for mining licence over tender blocks invited (1) If the Minister proposes to invite applications for the grant of a mining 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 (c) the initial term of the licence; and (d) the licence conditions. (2) The term determined under subsection (1)(c) is not to exceed 21 years. 218—Minister may invite applications for mining licence over tender blocks (1) Subject to subsection (2), the Minister may invite applications for the grant of a mining 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. 1 A mining licence may cover not more than 20 tender blocks (see section 219). 2 A mining licence might be made available by a tender block notice if a mineral deposit in the area had already been identified and sufficient information was already available to justify the issue of a mining licence rather than an exploration licence. 219—Tender block licence notice—mining licence (1) A tender block licence notice for a mining 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) specify the initial term of the licence; and (f) 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 20 blocks for the mining licence. 220—Application for mining licence over tender blocks If a tender block licence notice has been published inviting applications for a mining licence, a person may apply to the Minister for the licence. 221—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 219(1)(c); and (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 222—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. 223—Request for further information 224—Section number not used 225—Minister may provisionally grant licence (1) The Minister may provisionally grant a mining licence to an applicant who has done what is required by sections 221 to 223. (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 218. (3) If the Minister refuses to grant a licence under subsection (1) the Minister must give the applicant notice of the refusal. 226—Section number not used 227—Successful applicant must be notified (1) If the Minister provisionally grants a mining licence under section 225 or 231, 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 221(1)(d). (2) The licence must specify— For the term of a licence see section 217(2). 228—Acceptance of grant of mining licence over tender blocks The provisional grant of a mining 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 227, 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 amounts of money offered for the licence, pays to the Minister the amount that the provisional holder offered for the licence under section 221(1)(d). Under section 232, the grant of the licence cannot be effective before it is registered (see section 333 for registration). 229—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 217. 230—Lapse of provisional grant of mining licence If the provisional grant of the licence is not properly accepted under section 228, the provisional grant lapses. 231—Provisional grant to next applicant if grant lapses (1) If the provisional grant of the licence lapses under section 230, 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 218. Division 4—Duration of mining licence 232—Initial term of mining licence (1) A mining 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 a mining licence ends— (a) if the licence is granted under Division 2, at the end of the period specified in the licence under section 209(1); or (b) if the licence is granted under Division 3, at the end of the period specified under section 227(2). The licence may be surrendered at any time (see section 264). (3) The period runs from— (b) if a day later than the day on which the licence is provisionally granted is specified in the licence as its commencement day, that specified day. 233—Term of renewal of licence (1) A renewal of a mining licence comes into force on— See Division 6 for renewal. (2) The term of a renewal of a licence ends at the end of the period specified in the notice under section 246. 1 For the maximum term of renewal see section 246(3). 2 The licence may be surrendered at any time (see section 264). (3) The period runs from the day on which the previous term of the licence expires. (4) In working out the period referred to in subsection (3) section 234 is to be disregarded. 234—Effect of application for renewal on term of mining licence If— (a) a mining licence holder applies to renew the licence under section 236; and Division 5—Voluntary surrender of part of mining licence area 235—Voluntary surrender of blocks if discrete area remains (1) A mining 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 264 for the surrender of the whole licence. Division 6—Application for and grant of renewal of mining licence 236—Application for renewal of mining licence A mining licence holder may apply to the Minister to renew the licence. At each renewal, the licence conditions are reviewed (see section 254). 237—When application to be made (1) Subject to subsection (2), the application must be made at least 6 months before the day on which the licence is to expire. (2) The Minister may accept an application that is made later than 6 months before the day on which the licence is to expire if— 238—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 in relation to activities authorised by the licence during the term applied for. 239—Request for further information (1) The Minister may ask the applicant to provide further information relating to the application. 240—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. 241—Section number not used 242—Provisional renewal of mining licence (b) subject to section 245, refuse to renew the licence. 1 Under section 233, 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 250 for proper acceptance). 2 Under section 254, new conditions may be imposed on renewal. 243—Section number not used 244—Matters that may be taken into account In deciding whether to renew a mining licence, the Minister may have regard to whether the applicant has complied with— (a) this Act; and (b) the regulations; and (c) any licence conditions. 245—Refusal of application for renewal (1) If the Minister proposes to refuse to renew the licence, the Minister must give the applicant notice of the proposed refusal. (b) specify the reason for the proposed refusal; and (c) invite the holder to make written submissions in relation to the proposed refusal; and (d) specify the day by which submissions may be given to the Minister; and (e) specify an address where submissions are to be lodged. (3) The day specified under subsection (2)(d) must be not less than 30 days after the day on which the notice is given. (4) The Minister may refuse to grant the application only if— (a) the holder has been given a notice under subsection (1); and (b) the Minister has considered any submission made by the applicant; and (c) the Minister is satisfied that no special circumstances exist that justify the renewal being granted. 246—Applicant must be notified (1) The Minister must give the applicant written notice of the Minister's decision under section 242. (2) If the Minister provisionally renews the licence under section 242, the notice must contain the following information— (c) notification of any determination under section 399 that the applicant must lodge a security or a further security; (d) notification that the provisional renewal will lapse unless the applicant, before the end of the primary payment period— (iii) pays the fee that must be paid for the renewal under section 425. Section 254 provides for renewals to be granted subject to conditions. (3) The term specified under subsection (2)(a) is not to be more than 21 years. 247—Amendment of conditions (a) has been provisionally granted a renewal of the licence under section 242; and (3) If a request is made under subsection (1), the Minister may amend the licence condition and, with the consent of the holder, any other licence condition. 248—Amendment of security requirements (a) has been provisionally granted a renewal of the licence under section 242; and (b) is notified of a security requirement for the licence; and 249—Extension of primary payment period (1) If the licence holder makes a request under section 247 or 248, the holder may ask the Minister to extend the primary payment period. 250—Acceptance of renewal of mining licence (1) The provisional renewal of a mining licence is properly accepted by the licence holder if, before the required time, the holder— Under section 233, 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 provisional holder has been granted an extension of the primary payment period under section 249, the end of the secondary payment period. 251—Conditions applicable to licence on renewal If the provisional renewal is properly accepted under section 250, the renewed licence is subject to— (a) the conditions specified in the notice given to the licence holder under section 246; or (b) if the Minister amended those conditions under section 247, those conditions as amended. 252—Lapse of provisional renewal of mining licence If the provisional renewal of a mining licence is not properly accepted under section 250, the provisional renewal lapses. Division 7—Obligations associated with mining licence 253—General (1) The sources of obligations associated with a mining licence are— For paragraph (a) see sections 254 to 256. For paragraph (c) see sections 44, 259 to 262, 372 and 391(1). (2) If a mining licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the licence. 254—Conditions of mining licence (1) The Minister may grant or renew a mining licence subject to whatever conditions the Minister thinks appropriate. (2) If the Minister grants or renews a mining 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 a mining 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 lodge a security with the Minister; (d) a condition requiring the holder to keep specified information; (e) a condition requiring the holder to give to the Minister, on request, specified information; (f) 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; (g) a condition requiring the holder to repair any damage to the environment caused by activities in the licence area; (h) 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)(c) must specify— (5) Without limiting subsection (3)(c), a condition under that provision may require the lodgment of a security in the form of a guarantee and if a guarantee is required the condition may specify— 255—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. 256—Variation of conditions (a) a mining licence holder requests the Minister in writing to vary a licence condition; or (b) part of the licence area of a mining licence is surrendered under section 235, to a mining 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. 257—Exemption from or suspension of conditions (a) a mining licence holder requests the Minister in writing to— (b) part of the licence area of a mining licence is surrendered under section 235, to a mining 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. 258—Automatic suspension of conditions if licence rights are suspended If— (a) the Minister suspends particular rights conferred by a mining licence under section 195; and 259—Work practices A person who is a mining 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 260—Licence holder must pay royalty A mining licence holder must comply with Division 2 of Part 4.4. 261—Licence holder must keep specified records A mining licence holder must— Under section 386 and 387 the Minister may direct a person to keep records and cores, to collect and retain samples, and to make returns. 262—Licence holder must assist inspectors A mining licence holder must provide an inspector with reasonable facilities and assistance so that the inspector is able to carry out compliance inspections. Division 8—Expiry of mining licence 263—General A mining licence expires if— (c) the licence is cancelled. For paragraph (a) see Division 6. For paragraph (b) see section 264. For paragraph (c) see 265. 264—Voluntary surrender of mining licence A mining licence holder may surrender the licence. 1 See Division 5 for voluntary surrender of part of a licence area. 265—Cancellation of mining licence (1) Subject to subsection (5), the Minister may cancel a mining licence if the licence holder— (2) If the Minister proposes to cancel a licence under subsection (1), the Minister must give the licence holder a written notice that informs the holder of the proposed cancellation. (ii) any steps taken by the holder to remedy the breach or contravention that led to the proposal to cancel the licence and to prevent any similar breach or contravention from happening again; and 266—Obligations of former mining licence holders and former associates (i) a mining licence holder; or (ii) an associate of a mining licence holder; and (3) Subsection (1) continues an obligation that a person had to carry out exploration or recovery activities in a particular manner if the person carries them out. (a) a particular obligation under this section; or Part 2.5—Works licences 267—Works licences (1) This Part provides for the grant of works licences over blocks in coastal waters. A works licence allows licence-related activities to be carried out on blocks that are outside the licence area of the exploration, retention or mining licence concerned. (2) A works licence can only authorise activities that— (a) are directly connected with activities that are carried out, or are to be carried out, under an exploration, retention or mining licence; and (b) are necessary or desirable for the exploration, retention or mining licence holder to— (i) effectively exercise the licence rights; or (ii) effectively perform the licence obligations. (3) A works licence can be granted over a particular block even though the block is a reserved block or is in someone else's licence area. (4) More than one works licence can be granted over a particular block. (5) A works licence may be granted so as to allow activities that are connected with 2 or more licences. 268—Activities authorised by a works licence A works licence holder may carry out in the licence area the activities that are specified in the licence. 269—Minister may cancel or not renew works licence without compensation No compensation is payable because of the cancellation or non-renewal of a works licence by the Minister. 1 The Minister may cancel the licence under section 313. 2 The Minister may refuse under section 294 to renew the licence. Division 2—Application for and grant of works licence 270—Application for works licence A person may apply to the Minister for a works licence over a block. 271—How to apply (c) include details of the activities that the applicant proposes to carry out; and (d) be accompanied by a map that shows the proposed location of the activities; and (e) specify an address for service of notices under this Act and the regulations. 272—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. 273—Applicant to notify licence holders affected by the application (1) The applicant must notify interested licence holders of the application. (2) The notification— (a) must be given to the interested licence holder in writing; and (b) must give details of the works licence applied for; and (c) must invite the interested licence holder to give comments to the Minister within 30 days after the day on which the notice is given. (3) For the purposes of this section, a licence holder is interested if— (a) a block covered by the application is inside the licence area; and (b) the holder is not the applicant. 274—Application must be advertised (b) a map and description of the blocks covered that are sufficient for the blocks to be identified; and (c) details of the activities that the applicant proposes to carry out; and (d) a map showing the proposed location of those activities; and (e) the address of the Minister; and (f) a statement— (i) that the applicant has applied for a works licence over the blocks described in the notice; and (iii) that requests that comments be sent to the applicant and to the Minister specified in the notice within 30 days of 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 275—Section number not used 276—Minister may provisionally grant licence If the applicant does what is required by sections 271 to 274, the Minister may— (a) provisionally grant a works licence to the applicant; or Under section 286, 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 283 for proper acceptance). 277—Section number not used 278—Matters to be specified in the licence (b) the activities authorised by the licence; and (c) the area in which the activities are to be carried out; and (d) the term of the licence; and (e) the licence conditions. (2) The term specified under subsection (1)(d) is not to exceed 5 years. 279—Applicant must be notified (1) The Minister must give the applicant written notice of a decision under section 276. (2) If the Minister provisionally grants a works licence— (ii) notification that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— 280—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 279. (3) If a request is made under subsection (1), the Minister may amend the licence conditions and, with the consent of the provisional holder, any other licence condition. 281—Amendment of security requirements (2) The request must be made within 30 days after the day on which the applicant is given notice under section 279. 282—Extension of primary payment period (1) If the provisional holder makes a request under section 280 or 281, 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 279. 283—Acceptance of grant of works licence (1) The provisional grant of a works licence is properly accepted by the provisional holder if, before the required time, the provisional holder— Under section 286, 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 282, the end of the secondary payment period. 284—Conditions applicable to works licence on grant If the provisional grant of the licence is properly accepted under section 283, it is subject to— (a) the conditions specified in the licence given to the applicant under section 279; or (b) if the Minister amended those conditions under section 280, those conditions as amended. 285—Lapse of provisional grant of works licence If the provisional grant of the licence is not properly accepted under section 283, the provisional grant lapses. Division 3—Duration of works licence 286—Initial term of works licence (1) A works 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 a works licence expires at the end of the period specified in the licence under section 278(1). 1 For the maximum initial term see section 278(2). 2 The licence may be surrendered at any time (see section 312). (3) The period is to run from— (b) if a day later than the day on which the licence is provisionally granted is specified in the licence as the licence's commencement day, that specified day. 287—Term of renewal of works licence (1) A renewal of a works licence comes into force on— See Division 4 for renewal. (2) The term of a renewal of a licence expires at the end of the period specified in the notice under section 296. 1 For the maximum term of renewal see section 296(3). 2 The licence may be surrendered at any time (see section 312). (3) The period runs from the day on which the previous term of the licence expires. 288—Effect of application for renewal on term of works licence If— (a) a works licence holder applies to renew the licence under section 289; and (f) the application for renewal is withdrawn or refused, whichever happens first. Division 4—Application for and grant of renewal of works licence 289—Application for renewal of works licence A works licence holder may apply to the Minister to renew the licence. At each renewal, the works licence conditions are reviewed (see section 304). 290—When application to be made (1) Subject to subsection (2), the application must be made at least 30 days before the day on which the licence is to expire. (2) The Minister may accept an application that is made later than 30 days before the day on which the works licence is to expire if— 291—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 in relation to the activities authorised by the licence during the term applied for. 292—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. 293—Section number not used 294—Provisional renewal of works licence (b) refuse to renew the licence. 1 Under section 287, 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 300 for proper acceptance). 2 Under section 304, new conditions may be imposed on renewal. 295—Section number not used 296—Applicant must be notified (1) The Minister must give the applicant written notice of the Minister's decision under section 294. (2) If the Minister provisionally renews the works licence under section 294, the notice must contain the following information— (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 fee that must be paid under section 425. Paragraph (b): section 304 provides for renewals to be granted subject to conditions. (3) The term specified under subsection (2)(a) is not to exceed 5 years. 297—Amendment of conditions (a) has been provisionally granted a renewal of the licence under section 294; and (c) is dissatisfied with a licence condition, (a) be made within 30 days after the day on which the holder is given notice under section 296; and (b) be lodged with the Minister. (3) If a request is made under subsection (1), the Minister may amend the licence condition and, with the consent of the holder, any other licence condition. 298—Amendment of security requirements (a) has been provisionally granted a renewal of the licence under section 294; and (c) is dissatisfied with the amount of security required, (2) The request must be made within 30 days after the day on which the holder is given notice under section 296. 299—Extension of primary payment period (1) If the licence holder makes a request under section 297 or section 298, the 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 holder is given notice under section 296. (b) give the holder written notice informing the holder of the period of the extension. 300—Acceptance of renewal of works licence (1) The provisional renewal of a works licence is properly accepted by the licence holder if, before the required time, the holder— Under section 287, 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 provisional holder has been granted an extension of the primary payment period under section 299, the end of the secondary payment period. 301—Conditions applicable to works licence on renewal If the provisional renewal is properly accepted under section 300, the renewed licence is subject to— (a) the conditions specified in the notice given to the licence holder under section 296; or (b) if the Minister amended those conditions under section 297, those conditions as amended. 302—Lapse of provisional renewal of works licence If the provisional renewal of the licence is not properly accepted under section 300, the provisional renewal lapses. Division 5—Obligations associated with works licence 303—General (1) The sources of obligations associated with a works licence are— For paragraph (a) see sections 304 to 306. For paragraph (c) see sections 44, 308 to 310, 372 and 391(1). (2) If a works licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the licence. 304—Conditions of works licence (1) The Minister may grant or renew a works licence subject to whatever conditions the Minister thinks appropriate. (2) If the Minister grants or renews a works 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 a works 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 lodge a security with the Minister; (d) a condition requiring the holder to keep specified information; (e) a condition requiring the holder to give the Minister, on request, specified information; (f) 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 of activities carried out in the licence area; (g) a condition requiring the holder to repair any damage to the environment caused by activities in the licence area; (h) 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)(c) must specify— (5) Without limiting subsection (3)(c), a condition under that provision may require the lodgment of a security in the form of a guarantee and if a guarantee is required the condition may specify— 305—No conditions requiring payment of money Except for a condition requiring the payment of a penalty or lodgment of a security, a licence condition must not require the payment of money to the State. 306—Variation of conditions (1) If a works licence holder requests the Minister in writing to vary a licence condition, the Minister may vary the condition. to a works 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. 307—Exemption from or suspension of conditions (1) If a works licence holder requests the Minister in writing to— (b) exempt the holder from complying with a licence condition, to a works 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. 308—Work practices A person who is a works 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, equipment and other property erected in, or brought into, the licence area by the person; and 309—Licence holder must keep specified records etc A works licence holder must— (a) keep whatever records; and (b) give whatever records to the Minister for inspection; and Under sections 386 and 387 the Minister may direct a person to keep records and to make returns. 310—Licence holder must assist inspectors A works licence holder must provide an inspector with reasonable facilities and assistance so that the inspector is able to carry out compliance inspections. Division 6—Expiry of works licence 311—General A works licence expires if— (c) the licence is cancelled. For paragraph (a) see Division 4. For paragraph (b) see section 312. For paragraph (c) see section 313. 312—Voluntary surrender of works licence The holder of a works licence may surrender the licence. 313—Cancellation of works licence (1) Subject to subsection (5), the Minister may cancel a works licence if the licence holder— (2) If the Minister proposes to cancel a works licence under subsection (1), the Minister must give the licence holder a written notice that informs the holder of the proposed cancellation. (5) The Minister may cancel a works licence only if— (ii) any steps taken by the holder to remedy the circumstances that led to the proposal to cancel the licence and to prevent any similar breach or contravention from happening again; and 314—Obligations of former works licence holders and former associates (1) Subject to subsection (2), if— (i) a works licence holder; or (ii) an associate of a works licence holder; and (d) the person was bound by that obligation when the person was the works licence holder or an associate, (2) The Minister may determine that the person is not subject to— (3) A determination under subsection (2) is to be in writing. Part 2.6—Special purpose consents 315—Special purpose consents (1) A special purpose consent may be granted over— (a) a standard block; or (b) a reserved block; or (c) a tender block. (2) A special purpose consent may be granted over a block even if the block is in the licence area of a licence or the consent area of another special purpose consent. (3) A special purpose consent can only be granted for— (a) a scientific investigation; or (b) a reconnaissance survey; or (c) the collection of small amounts of minerals. (4) A reconnaissance survey is the exploration of an area to work out whether the area is sufficiently promising to justify more detailed exploration under an exploration licence. 316—Activities authorised by a special purpose consent (1) A special purpose consent holder may— (a) explore for minerals; and (b) take samples of or recover minerals, in the consent area, in accordance with the consent. 1 Under section 23(1) the concept of exploration extends to activities that are directly related to exploration. 2 Under section 24(1) the concept of recovery extends to activities that are directly related to the recovery of minerals. (2) The grant of a consent does not give the consent holder— (a) any exclusive or proprietary rights over the blocks covered by the consent; or (b) any option or preference when it comes to the grant of a licence over blocks covered by the consent. 317—Application for a consent A person may apply to the Minister for a special purpose consent. 318—How to apply (b) include details of the activities for which consent is being sought; and (c) specify the blocks for which the consent is being sought. (2) If the activity involves the collection of only small amounts of minerals (see section 315(3)(c)), the application must also specify— (a) any mineral to be recovered; and (b) the proposed quantity of any mineral to be recovered. 319—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. 320—Applicant must obtain agreement of exploration, retention and mining licence holders affected by the application (1) Subject to subsection (3), the applicant must obtain the agreement of interested licence holders to the application. (2) The agreement must be in writing. (3) The agreement of an interested licence holder is not necessary if— (a) the application is for a scientific investigation; and (b) Australia has obligations under international conventions to allow the investigation. (4) For the purposes of this section, a licence holder is interested if— (a) the holder holds an exploration, retention or mining licence; and (b) the block concerned is inside the licence area. 321—Applicant to notify works licence holders affected by the application (1) The applicant must notify interested works licence holders of the application. (2) The notification— (a) must be given to the interested works licence holders in writing; and (b) must give details of the special purpose consent applied for; and (c) must invite the interested works licence holder to give comments to the Minister within 30 days after the day on which the notice was given. (3) For the purposes of this section, a works licence holder is interested if the block concerned is inside the works licence area. 322—Section number not used 323—Minister may grant special purpose consent If the applicant does what is required by sections 318 to section 321, the Minister may— (a) grant a special purpose consent to the applicant; or 324—Section number not used 325—Matters to be specified in the consent (1) The consent must specify— (a) the blocks covered by the consent; and (b) the activities authorised by the consent; and (c) the period for which the consent is to have effect; and (d) the consent conditions. (2) If the activity involves the collection of only small amounts of minerals (see section 315(3)(c)), the consent must also specify— (a) the minerals to be collected; and (b) the quantities to be collected. (3) The period specified under subsection (1)(c) is not to be more than 12 months. 326—Duration of consent A consent has effect for the period specified under section 325(1)(c). 327—Conditions of consent (1) The Minister may grant a special purpose consent subject to whatever conditions the Minister thinks are appropriate. (2) Without limiting subsection (1), the Minister may impose conditions that relate to— (a) reports to be provided by the consent holder about activities carried out under the consent; and (b) environmental matters. Chapter 3—Registration and dealings Part 3.1—Registration Division 1—Preliminary 328—Register to be kept (1) The Minister must keep a register for the purposes of this Part. The main matters entered in the register are— • the grant or renewal of a licence (see sections 333 and section 334); • details of instruments that affect a licence (see section 337); • details of instruments that affect an interest in a licence (see sections 338 and section 339); • details of interests in a licence that are acquired by devolution (see section 340); • details of caveats (see section 345). (2) The register is to be known as the State Offshore Mining Register. 329—Document files to be kept (1) The Minister must keep a document file for the purposes of this Part. (2) In the document file are to be kept the documents that the Minister is required to keep under this Part. The documents to be kept in the document file are— • copies of licences (see section 333(6)); • copies of instruments that affect licences (see section 337(4)); • copies of transfers of licences (see section 338(6)); • copies of other dealings in licences (see section 339(4)); • caveats (see section 345(3)); • withdrawals of caveats (see section 346(2)); • consents to dealings given under section 350 (see section 350(6)); • copies of court orders (see section 351). 330—Form of register and document file (1) The offshore mining register is to be kept in the form and manner determined by the Minister. (2) Without limiting subsection (1), the offshore mining register may be kept in the form of a computer record. (3) The document file is to be kept in the form and manner determined by the Minister. 331—Correction of errors in the register (1) Subject to subsection (4), the Minister may correct the offshore mining register if the Minister is satisfied that— (a) there is an omission of an entry from the register; or (b) an entry in the register should not have been made; or (c) there is an error or defect in an entry in the register. (2) A person may apply to the Minister for correction of the offshore mining register under subsection (1). (3) The application— (b) must specify the correction that is being requested. (a) the Minister intends to correct the offshore mining register under subsection (1); and (b) the correction relates to a licence; and (c) the correction is not to be made in response to an application under subsection (2) by the licence holder, the Minister must notify the holder that the Minister intends to correct the register. (5) The notice— (b) must specify the correction the Minister intends to make; and (c) must invite the holder to make submissions to the Minister about the proposed correction within the period specified in the notice. (6) The period specified under subsection (5)(c) is to be at least 14 days after the day on which the notice is given. (7) If a notice is given under subsection (4)— (a) the Minister is not to correct the register until the period specified in the notice has ended; and (b) the Minister is to have regard to any submissions made by the licence holder before the end of that period in exercising the power under subsection (1) to correct the register. 332—Inspection of register and documents (1) A person may inspect the offshore mining register and the document file if the person pays the fee prescribed by the regulations. (2) The Minister must make the offshore mining register and the document file available for inspection at all convenient times. Division 2—Matters to be entered in register Subdivision A—Licences 333—Licences (1) If the provisional grant of a licence is properly accepted, the Minister must register— (a) the holder's name; and (b) if there is more than one licence holder, the share in the licence held by each holder; and (c) a description of the licence area, including a map or map reference; and (d) the term of the licence; and (e) the date of the provisional grant of the licence; and (f) the date of registration of the licence; and (g) an address for the service of notices under this Act on the licence holder. (2) The address registered under subsection (1)(g) is to be the address specified by the licence holder by notice in writing to the Minister. (3) If the holder has not given a notice under subsection (2), the address to be registered under subsection (1)(g) is to be the address specified in the application that the holder made for the licence. (4) If the Minister registers a licence under subsection (1)— (b) the Minister must endorse the date of registration on the licence. (5) The Minister may include in the register any other information about the holder or the terms and conditions of the licence that the Minister thinks is appropriate. (6) The Minister must keep a copy of the licence. (7) A licence is taken to be registered as soon as an entry complying with subsection (1) is made in the register. 334—Renewal of licences (1) If the Minister receives an application for the renewal of a licence, the Minister must register the fact. (2) If the provisional renewal of a licence is properly accepted, the Minister must register— (a) the renewal; and (b) the term of the renewal; and (c) the date of the provisional renewal; and (d) the date of registration of the renewal. (3) If the Minister registers the renewal of a licence under subsection (2)— (b) the Minister must endorse on the licence— (i) the term of the renewal; and (ii) the date of registration of the renewal. (4) If the Minister refuses to renew a licence, the Minister must register the refusal. 335—Extension of exploration licences (1) If the Minister receives an application for the extension of the term of an exploration licence, the Minister must register the fact. (2) If the Minister refuses to extend the term of an exploration licence, the Minister must register the refusal. 1 For extensions of the term of a licence see sections 94 to 98. 2 The grant of the extension of the term of an exploration licence is registered under section 337(1). 336—Expiry of licences (1) If a licence expires because— (a) its term ends; or (b) a retention licence or mining licence is granted to the licence holder, the Minister must register the expiry of the licence. Cancellation is dealt with under section 337. (2) In subsection (1)(a) the reference to the term of a licence includes any period during which the licence is in force under section 90, 91, 92 or 93. (3) If the Minister registers the expiry of a licence under subsection (1)— (b) the Minister must endorse the expiry and the date of the expiry on the licence. 337—Variations etc to licences (1) The Minister must register— (a) the details of any document under this Act that varies, surrenders, cancels or otherwise affects a licence; and (b) the details of any document that varies or revokes a document referred to in paragraph (a). The documents referred to in paragraph (a) are— • suspension of licence rights (see sections 48 (exploration licence), 135 (retention licence) and 195 (mining licence)); • amendment of licence conditions between provisional grant and registration (see sections 67 (exploration licence), 148 (retention licence), 211 (mining licence) and 280 (works licence)) —these need to be registered at the same time as the grant is registered because if the conditions are amended between provisional grant and registration a replacement licence reflecting the change in conditions is not issued to the provisional holder; • extension of term (see sections 90, 95 and 97 (exploration licence)); • surrender of the whole or a part of a licence (see sections 99 and 127 (exploration licence), 158 and 187 (retention licence), 235 and 264 (mining licence) and 312 (works licence)); • voluntary surrender—special approval (see section 100 (exploration licence)); • mandatory reduction of licence area—special permission (see section 104 (exploration licence)); • amendment of licence conditions between provisional renewal and registration (see sections 111 (exploration licence), 170 (retention licence), 247 (mining licence) and 297 (works licence))—these need to be registered at the same time as the renewal because if the licence conditions are amended between provisional renewal and registration a replacement licence reflecting the changed conditions is not issued to the holder; • variation of conditions (see sections 120 (exploration licence), 179 (retention licence), 256 (mining licence) and 306 (works licence)); • exemption from or suspension of condition (see sections 121 (exploration licence), 180 (retention licence), 257 (mining licence) and 307 (works licence)); • cancellation (see sections 130 (exploration licence), 189 and 190 (retention licence), 265 (mining licence) and 313 (works licence)); • directions (see sections 387 and 392); • security requirements (see section 399); • approvals of transfers (see section 365). (2) Subsection (1)(a) applies to a document that suspends the rights of a holder of a licence. (3) Details of a document may be registered by registering a summary of the contents of the document. (4) The Minister must keep a document referred to in subsection (1), or a copy of the document. (5) A document referred to in subsection (1)— (a) has no effect until it is registered; and (b) is taken to be registered as soon as an entry complying with subsection (1) is made in the register. 338—Transfer of licences (1) The Minister must register the transfer of a licence or a share in a licence if— (a) a party to the transfer lodges the instrument of transfer for registration; and (b) a party to the transfer lodges a copy of the instrument of transfer; and (c) the transfer has been approved by the Minister; and (d) the licence is lodged with the Minister for annotation under subsection (5); and (e) the fee prescribed by the regulations is paid; and (f) section 341 (caveats) does not prevent the registration of the transfer. Paragraph (c): the Minister's approval is endorsed on the transfer (see section 365(3)). (2) The Minister must also register the date and time of registration of the transfer. (3) If an instrument purports to transfer a licence or a share in a licence, the Minister must register the instrument under this section without inquiring into or being concerned as to the legal effectiveness of the instrument. (4) If an instrument that transfers a licence or a share in a licence is registered, the Minister must register the name of the transferee as a licence holder. (5) If the Minister registers the transfer of a licence or a share in a licence, the Minister must annotate the licence to show the transferee as a licence holder. (6) The Minister must— (a) keep the copy of the transfer; (b) return the transfer to the person who lodged it; and (c) return the annotated licence to the person who lodged it. (7) The registration of a document under this section does not give the document any greater effect than it would have had apart from this Act. 339—Other dealings in licences (1) The Minister must register a document (other than a transfer of a licence or a share in a licence) that creates, transfers, affects or otherwise deals with an interest in a licence if— (a) a party to the dealing lodges the document for registration; and (b) a party to the dealing lodges a copy of the document; and (c) the fee prescribed by the regulations is paid; and (d) section 341 (caveats) does not prevent the registration of the dealing. (2) The Minister must also register the date and time of registration of the dealing. (3) If a document purports to create, transfer, affect or otherwise deal with an interest in a licence, the Minister is to register the document under this section without inquiring into or being concerned as to the legal effectiveness of the document. (4) The Minister must keep the copy of the document. (5) The Minister must return the document to the person who lodged it. (6) The registration of a document under this section does not give the document any greater effect than it would have had apart from this Act. 340—Devolution of licences (a) the rights of a licence holder have devolved to a person by operation of law; and (b) the person applies to the Minister in writing to be registered as a licence holder; and (c) the licence is lodged with the Minister for annotation under subsection (3); and (d) the person pays the fee prescribed by the regulations; and (e) the Minister is satisfied that the applicant is entitled to those rights; and (f) section 341 (caveats) does not prevent the registration of the person as a licence holder, the Minister must register the person as a licence holder. (2) If the Minister registers a person as a licence holder under subsection (1), the Minister must also register the date and time of registration. (3) If the Minister registers a person as a licence holder under subsection (1), the Minister must annotate the licence accordingly. (4) The Minister must return the annotated licence to the person who lodged it. (5) This section applies to 2 or more persons to whom rights have devolved in the same way as it applies to a single person to whom rights have devolved. Subdivision B—Caveats 341—Effect of a caveat (1) If a caveat is in force on a licence, the Minister must not register a dealing in the licence unless— (a) the Minister is not required to give the caveat holder notice of the particular dealing; or (b) the caveat holder consents to the registration of the dealing under section 350; or (c) a court of competent jurisdiction orders the Minister to register the dealing under section 338 or 339 despite the caveat. 1 For dealing see section 5. 2 Once the caveat holder has been given notice of the dealing, the caveat will lapse at the end of 30 days unless the caveat holder consents to the registration of the dealing or gets a court order extending the life of the caveat (see section 348). 3 The Minister may not be required to give the caveat holder notice of the dealing because the caveat holder is a party to the dealing or because the dealing falls outside the class of dealings that the caveat holder has specified under section 343(2) (see section 349(6)). (2) If a caveat is in force on a licence, the Minister must not register a person under section 340 as a licence holder unless— (a) the caveat holder consents to the registration under section 350; or (b) a court of competent jurisdiction orders the Minister to register the person under section 340 despite the caveat. Once the caveat holder has been given notice, the caveat will lapse at the end of 30 days unless the caveat holder consents to the registration or gets a court order extending the life of the caveat. 342—Lodgment of caveats (1) A person who claims a legal or equitable interest in or affecting a licence may lodge with the Minister a caveat on the licence. (2) A person may claim a legal or equitable interest in or affecting a licence even if the interest claimed arises under a document that has not been registered under section 338 or 339. 343—Form of caveat (1) A caveat must— (a) be in accordance with the form approved by the Minister; and (b) set out— (i) the full name and address of the person claiming the interest; and (ii) details of the interest claimed; and (c) be signed by the person claiming the interest; and (d) specify an address for service of notices within the State. (2) A caveat may specify the particular dealings that the caveat holder wants to be given notice of under section 349. 344—Payment of fee The person lodging a caveat must pay the caveat fee that is prescribed by the regulations. 345—Caveat to be registered (a) a caveat is lodged for registration; and (b) the caveat complies with section 343; and (c) the person lodging the caveat pays the fee required by section 344, the Minister must, subject to subsection (4), register the caveat. (2) The Minister must register the date and time of lodgment. (3) The Minister must keep the original of the caveat and endorse on it the date and time of lodgment. (4) Subsection (1) does not apply if— (a) the Supreme Court has made an order under section 351(2); and (b) the order requires the Court's consent to the registration of the caveat; and (c) the Court has not consented to the registration of the caveat. 346—Withdrawal of caveat (1) A caveat holder may withdraw the caveat at any time by lodging a written withdrawal with the Minister. (2) The Minister must— (a) register details of the withdrawal; and (b) endorse details of the withdrawal on the original of the caveat; and (c) keep the original of the withdrawal. 347—Form of withdrawal A withdrawal of a caveat must— (a) be in accordance with the approved form; and (b) give details of the caveat; and (c) be signed by the caveat holder. 348—Duration of caveat (1) A caveat that is registered is taken to have had effect from the time at which it is lodged with the Minister. (2) A caveat on a licence ceases to have effect if— (a) the Supreme Court makes an order for the removal of the caveat under section 351; or (b) the caveat is withdrawn under section 346; or (c) the caveat holder is given notice under section 349(1), (2) or (3) and 30 days have passed since the caveat holder was given the notice. (3) Subsection (2)(c) does not apply if, before the end of the 30 days, the caveat holder consents to the registration of the dealing or to the registration under section 340. (4) Subsection (2)(c) does not apply if, before the end of the 30 days— (a) the caveat holder applies to the Supreme Court for an order under section 351 that the caveat be extended beyond the period; and (b) the Court makes an order extending the period. (5) If the Court makes an order under section 351(1)(c), the caveat ceases to have effect at the end of the extended period. (6) Subsection (5) does not apply if, before the end of the extended period, the caveat holder consents to the registration of the dealing under section 350 or to the registration under section 340. 349—Notice to caveat holder (a) a transfer of a licence or a share in a licence is lodged with the Minister under section 338; and the Minister must, subject to subsection (6), notify the caveat holder that the transfer has been lodged for registration. (a) a dealing in a licence (other than a transfer of the licence or a share in the licence) is lodged with the Minister under section 339; and the Minister must, subject to subsection (6), notify the caveat holder that the dealing has been lodged for registration. (a) a person applies to the Minister under section 340 to be registered as a licence holder; and the Minister must notify the caveat holder that the application has been made. (a) a licence holder surrenders the licence or surrenders a block or some of the blocks covered by the licence; and the Minister must notify the caveat holder of the surrender. (5) Notification under subsection (1), (2), (3) or (4) must be by certified mail. (6) Notice is not to be given under subsection (1) or (2) if— (a) the caveat holder is a party to the transfer or dealing concerned; or (b) the caveat holder has specified the class of dealings the caveat holder wants to receive notice of (see section 343(2)) and the transfer or dealing falls outside that class. 350—Caveat holder may consent to registration (1) If a caveat holder is given notice under section 349(1), the caveat holder may consent to the registration of the transfer. (2) If a caveat holder is given notice under section 349(2), the caveat holder may consent to the registration of the dealing. (3) If a caveat holder is given notice under section 349(3), the caveat holder may consent to the registration of the person as a licence holder. (4) A consent under this section must be in writing and must be lodged with the Minister. (5) A consent under this section is only effective if it is given within 30 days after the day on which the caveat holder receives the notice concerned. (6) The Minister must— (a) register details of the consent; and (b) endorse details of the consent on the original of the caveat; and (c) keep the original of the consent. 351—Orders that can be made by Supreme Court in relation to caveats (1) The Supreme Court may— (a) order the removal of a caveat from a licence; or (b) order the Minister to register a dealing despite a caveat; or (c) extend the period provided for by section 348(2)(c). (a) the Court makes an order under subsection (1)(a) or (b) in relation to the licence; and (b) the Court is satisfied that caveats are being used vexatiously to delay the registration of a document, the Court may also make an order that the Minister is not to register any caveats in respect of the licence unless the Court has consented to the registration. (3) An order under subsection (2) may be for an indefinite period or for a specified period. (4) An order under subsection (2) may provide that the Court's consent is not required in any specified case or class of case. (5) If an application is made to the Court for an order under subsection (2), the Minister becomes a party to the proceedings. (6) If the Court makes an order under this section, the Minister must— (a) register details of the order; and (b) keep a copy of the order. Division 3—Miscellaneous 352—Section number not used 352A—Section number not used 353—Protection from legal actions (1) This section applies to— (b) a delegate of the Minister; and (c) a person acting under the direction or authority of the Minister or a delegate of the Minister. (2) A person to whom this section applies is not liable to an action, suit or proceeding in relation to an act or matter if— (a) the act or matter is done or omitted to be done in the exercise or purported exercise of a power or authority given by this Part; and (b) the act or matter is done or omitted to be done in good faith. 354—Application to Supreme Court for correction of register (1) The Supreme Court, on the application of a person aggrieved by— (a) the omission of an entry from the offshore mining register; or (b) an entry wrongly existing in the register; or (c) an error or defect in an entry in the register, may make any order it thinks appropriate directing correction of the register. (2) In any proceedings under subsection (1), the Supreme Court may decide any necessary or expedient question concerning the rectification of the register. (3) A copy of a Supreme Court order may be served on the Minister. (4) In any proceedings under subsection (1)— (a) the Minister may appear; or (b) if the Supreme Court so directs, the Minister must appear. (5) If the Minister receives a copy of an order under subsection (3), the Minister must amend the register so that the register accords with the order. 355—Section number not used 356—Section number not used 357—Evidentiary value of register (1) The offshore mining register is admissible in proceedings as evidence of the matters registered in it. (2) If the register is kept by the use of a computer, the Minister may issue a document containing the details of a matter taken from the register. (3) The document issued under subsection (2) is admissible in proceedings as evidence of the matter. (4) The Minister may give a person a certified copy of, or extract from, the register if the person pays the fee prescribed by the regulations. (5) The certified copy is admissible in proceedings without any further proof of, or the production of, the original. 358—Certified copy of document on document file (1) The Minister may give a person a certified copy of a document that is kept on the document file if the person pays the fee prescribed by the regulations. (2) The certified copy is admissible in proceedings without any further proof of, or the production of, the original. 359—Certification of registration action (1) The Minister may give a person a signed certificate that— (a) a thing required or allowed by this Part has been done; or (b) a thing required or allowed by this Part has not been done, if the person pays the fee prescribed by the regulations. (2) The certificate is admissible in proceedings as evidence of the facts stated in the certificate.