sec.173Deciding application

### sec.173 Deciding application The Minister may make or refuse to make the division. However— before deciding to make the division, the Minister must decide whether to approve the proposed later development plans for the new leases; and the division can not be made unless— the proposed plans have been approved; and the applicant has established 1 of the matters mentioned in section 121 (2) for each proposed lease; and each proposed holder of the new leases satisfies the capability criteria; and the Minister is satisfied the applicant continues to satisfy any special criteria that applied for deciding the application for the original lease; and See sections 35 (2) (h) (iii) and 43 . the Minister is satisfied the applicant has substantially complied with the original lease. The matters that may be considered in making the division include the development plan for the original lease, the proposed later development plans and the capability criteria. The Minister may, as a condition of making the division, require the applicant to, under section 488 , give security or additional security for all or any of the new leases within a stated reasonable period. If the applicant does not comply with the requirement, the division may be refused. s 173 amd 2004 No. 26 ss 107 , 69 (2) sch ; 2011 No. 2 ss 121 , 122 sch ; 2019 No. 17 s 308 (sec.173-ssec.1) The Minister may make or refuse to make the division. (sec.173-ssec.2) However— before deciding to make the division, the Minister must decide whether to approve the proposed later development plans for the new leases; and the division can not be made unless— the proposed plans have been approved; and the applicant has established 1 of the matters mentioned in section 121 (2) for each proposed lease; and each proposed holder of the new leases satisfies the capability criteria; and the Minister is satisfied the applicant continues to satisfy any special criteria that applied for deciding the application for the original lease; and See sections 35 (2) (h) (iii) and 43 . the Minister is satisfied the applicant has substantially complied with the original lease. (sec.173-ssec.3) The matters that may be considered in making the division include the development plan for the original lease, the proposed later development plans and the capability criteria. (sec.173-ssec.4) The Minister may, as a condition of making the division, require the applicant to, under section 488 , give security or additional security for all or any of the new leases within a stated reasonable period. (sec.173-ssec.5) If the applicant does not comply with the requirement, the division may be refused. - (a) before deciding to make the division, the Minister must decide whether to approve the proposed later development plans for the new leases; and - (b) the division can not be made unless— (i) the proposed plans have been approved; and (ii) the applicant has established 1 of the matters mentioned in section 121 (2) for each proposed lease; and (iii) each proposed holder of the new leases satisfies the capability criteria; and (iv) the Minister is satisfied the applicant continues to satisfy any special criteria that applied for deciding the application for the original lease; and Note— See sections 35 (2) (h) (iii) and 43 . (v) the Minister is satisfied the applicant has substantially complied with the original lease. - (i) the proposed plans have been approved; and - (ii) the applicant has established 1 of the matters mentioned in section 121 (2) for each proposed lease; and - (iii) each proposed holder of the new leases satisfies the capability criteria; and - (iv) the Minister is satisfied the applicant continues to satisfy any special criteria that applied for deciding the application for the original lease; and Note— See sections 35 (2) (h) (iii) and 43 . - (v) the Minister is satisfied the applicant has substantially complied with the original lease. - (i) the proposed plans have been approved; and - (ii) the applicant has established 1 of the matters mentioned in section 121 (2) for each proposed lease; and - (iii) each proposed holder of the new leases satisfies the capability criteria; and - (iv) the Minister is satisfied the applicant continues to satisfy any special criteria that applied for deciding the application for the original lease; and Note— See sections 35 (2) (h) (iii) and 43 . - (v) the Minister is satisfied the applicant has substantially complied with the original lease.