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Home/Legislation/Offshore Minerals Act 2003/Div 8

WAIn ForceAct

Offshore Minerals Act 2003

Div 8Expiry of exploration licence

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Division 8 — Expiry of exploration licence

General 74
Voluntary surrender of exploration licence 75
Automatic expiry of exploration licence when retention licence takes effect 75
Automatic expiry of exploration licence when mining licence takes effect 75
Cancellation of exploration licence 75
Obligations of former exploration licence holders and former associates 77

Part 2.3 — Retention licences

Retention licences 79
Activities authorised by a retention licence 79
Minister may cancel or not renew retention licence without compensation 80
Licence rights may be suspended 80
Compensation for acquisition of property due to suspension of rights 81

Division 2 — Application for and grant of retention licence

Application for retention licence 82
How to apply 82
Payment of fee 84
Application must be advertised 84
Request for further information 85
Section number not used 86
Minister may provisionally grant licence 86
Section number not used 86
Grounds for granting retention licence 86
Matters to be specified in the licence 87
Applicant must be notified 87
Amendment of conditions 88
Amendment of security requirements 88
Extension of primary payment period 89
Acceptance of grant of retention licence 89
Conditions applicable to licence on grant 90
Lapse of provisional grant of retention licence 90

Division 3 — Duration of retention licence

Initial term of retention licence 90
Term of renewal of licence 91
Effect of application for renewal on term of retention licence 91

Previous sectionDiv 7Obligations associated with exploration licence

Next sectionPart 32 — Dealings in licences

Division Div 8 - Offshore Minerals Act 2003 - Expiry of exploration licence | Zoe

Effect of application for mining licence on term of retention licence 92

Division 4 — Voluntary surrender of part of retention licence area

Voluntary surrender of blocks if discrete area remains 92

Division 5 — Application for and grant of renewal of retention licence

Application for renewal of retention licence 93
When application to be made 93
How to apply for renewal 93
Request for further information 94
Payment of fee 94
Section number not used 95
Provisional renewal of retention licence 95
Section number not used 95
Matters that may be taken into account 95
Refusal of application for renewal 96
Applicant must be notified 96
Amendment of conditions 97
Amendment of security requirements 98
Extension of primary payment period 98
Acceptance of renewal of retention licence 98
Conditions applicable to licence on renewal 99
Lapse of provisional renewal of retention licence 99

Division 6 — Obligations associated with retention licence

General 99
Conditions of retention licence 100
No conditions requiring payment of money 101
Variation of conditions 101
Exemption from or suspension of conditions 102
Automatic suspension of conditions if licence rights are suspended 103
Significant changes in circumstances to be reported to Minister 104
Work practices 104
Licence holder must keep specified records etc. 105
Licence holder must assist inspectors 105

Division 7 — Expiry of retention licence

General 106
Voluntary surrender of retention licence 106
Automatic expiry of retention licence when mining licence takes effect 106
Cancellation of retention licence, breach of condition etc. 107
Cancellation of retention licence, mining activities viable 108
Obligations of former retention licence holders and former associates 109

Part 2.4 — Mining licences

Mining licences 111
Activities authorised by a mining licence 111
Minister may cancel or not renew mining licence without compensation 112
Licence rights may be suspended 112
Compensation for acquisition of property due to suspension of rights 113

Division 2 — Application for and grant of mining licence over standard blocks

Application for mining licence over vacant standard block 114
Holder of exploration licence or retention licence may apply for mining licence 114
How to apply 115
Effect of inclusion of unavailable block in application 116
Payment of fee 116
Application must be advertised 116
How multiple applications are dealt with 117
Request for further information 118
Section number not used 118
Minister may provisionally grant licence 118
Restriction in case of marine nature reserve or marine park 119
Refusal of application for mining licence made under section 198 119
Matters to be specified in the licence 120
Applicant must be notified 120
Amendment of conditions 121
Amendment of security requirements 121
Extension of primary payment period 122
Acceptance of grant of mining licence for standard block 122
Conditions applicable to licence on grant 123
Lapse of provisional grant of mining licence 123

Division 3 — Application for and grant of mining licence over tender block

Matters to be determined before applications for mining licence over tender blocks invited 123
Minister may invite applications for mining licence over tender blocks 124
Tender block licence notice — mining licence 124
Application for mining licence over tender blocks 125
How to apply 125
Payment of fee 126
Request for further information 126
Section number not used 127
Minister may provisionally grant licence 127
Restriction in case of marine nature reserve or marine park 127
Successful applicant must be notified 127
Acceptance of grant of mining licence over tender blocks 128
Conditions applicable to licence on grant 129
Lapse of provisional grant of mining licence 129
Provisional grant to next applicant if grant lapses 129

Division 4 — Duration of mining licence

Initial term of mining licence 130
Term of renewal of licence 130
Effect of application for renewal on term of mining licence 131

Division 5 — Voluntary surrender of part of mining licence area

Voluntary surrender of blocks if discrete area remains 131

Division 6 — Application for and grant of renewal of mining licence

Application for renewal of mining licence 132
When application to be made 132
How to apply for renewal 132
Request for further information 133
Payment of fee 133
Section number not used 134
Provisional renewal of mining licence 134
Section number not used 134
Matters that may be taken into account 134
Refusal of application for renewal 134
Applicant must be notified 135
Amendment of conditions 136
Amendment of security requirements 136
Extension of primary payment period 137
Acceptance of renewal of mining licence 137
Conditions applicable to licence on renewal 138
Lapse of provisional renewal of mining licence 138

Division 7 — Obligations associated with mining licence

General 138
Conditions of mining licence 139
No conditions requiring payment of money 140
Variation of conditions 140
Exemption from or suspension of conditions 141
Automatic suspension of conditions if licence rights are suspended 143
Work practices 143
Licence holder must pay royalty 144
Licence holder must keep specified records 144
Licence holder must assist inspectors 144

Division 8 — Expiry of mining licence

General 145
Voluntary surrender of mining licence 145
Cancellation of mining licence 145
Obligations of former mining licence holders and former associates 146

Part 2.5 — Works licences

Works licences 148
Activities authorised by a works licence 148
Minister may cancel or not renew works licence without compensation 149

Division 2 — Application for and grant of works licence

Application for works licence 149
How to apply 149
Payment of fee 150
Applicant to notify licence holders affected by the application 150
Application must be advertised 150
Section number not used 151
Minister may provisionally grant licence 152
Section number not used 152
Matters to be specified in the licence 152
Applicant must be notified 152
Amendment of conditions 153
Amendment of security requirements 153
Extension of primary payment period 154
Acceptance of grant of works licence 154
Conditions applicable to works licence on grant 155
Lapse of provisional grant of works licence 155

Division 3 — Duration of works licence

Initial term of works licence 155
Term of renewal of works licence 156
Effect of application for renewal on term of works licence 156

Division 4 — Application for and grant of renewal of works licence

Application for renewal of works licence 157
When application to be made 157
How to apply for renewal 157
Payment of fee 158
Section number not used 158
Provisional renewal of works licence 158
Section number not used 159
Applicant must be notified 159
Amendment of conditions 159
Amendment of security requirements 160
Extension of primary payment period 160
Acceptance of renewal of works licence 161
Conditions applicable to works licence on renewal 161
Lapse of provisional renewal of works licence 162

Division 5 — Obligations associated with works licence

General 162
Conditions of works licence 162
No conditions requiring payment of money 164
Variation of conditions 164
Exemption from or suspension of conditions 164
Work practices 166
Licence holder must keep specified records etc. 166
Licence holder must assist inspectors 167

Division 6 — Expiry of works licence

General 167
Voluntary surrender of works licence 167
Cancellation of works licence 168
Obligations of former works licence holders and former associates 169

Part 2.6 — Special purpose consents

Special purpose consents 171
Activities authorised by a special purpose consent 171
Application for a consent 172
How to apply 172
Payment of fee 172
Applicant must obtain agreement of exploration, retention and mining licence holders affected by the application 173
Applicant to notify works licence holders affected by the application 173
Section number not used 174
Minister may grant special purpose consent 174
Section number not used 174
Matters to be specified in the consent 174
Duration of consent 175
Conditions of consent 175

Chapter 3 — Registration and Dealings

Part 3.1 — Registration

Division 1 — Preliminary

Register to be kept 176
Document files to be kept 176
Form of register and document file 177
Correction of errors in the register 177
Inspection of register and documents 178

Division 2 — Matters to be entered in register

Subdivision A — Licences

Licences 179
Renewal of licences 180
Extension of exploration licences 180
Expiry of licences 181
Variations etc. to licences 181
Transfer of licences 183
Other dealings in licences 184
Devolution of licences 185

Subdivision B — Caveats

Effect of a caveat 186
Lodgment of caveats 187
Form of caveat 187
Payment of fee 187
Caveat to be registered 187
Withdrawal of caveat 188
Form of withdrawal 188
Duration of caveat 188
Notice to caveat holder 189
Caveat holder may consent to registration 191
Orders that can be made by a court in relation to caveats 191

Division 3 — Miscellaneous

Fees for registration 192

352A. Exemption from duty 193

Protection from legal actions 193
Application to court for correction of register 194
Appeals against determinations under section 352 194
Section number not used 195
Evidentiary value of register 195
Certified copy of document on document file 195
Certification of registration action 195