36AActivity approval required for assessable prospecting operations

36A Activity approval required for assessable prospecting operations

36A Activity approval required for assessable prospecting operations

(1) An assessment lease is subject to a statutory condition that the holder must not carry out an assessable prospecting operation on land over which the lease is granted unless an activity approval has been obtained for the carrying out of the assessable prospecting operation in relation to that land and is in force.

(2) The holder of an assessment lease may apply in writing to the Minister for approval to carry out an assessable prospecting operation in relation to any part of the land over which the lease is granted (an activity approval).

(3) The Minister may require the holder of an assessment lease to provide such information as is required by the Minister, within the time specified by the Minister, before considering the application or at any time during consideration of the application.

(4) After considering the application for the activity approval, the Minister—

(a) may grant the activity approval, or

(b) may refuse the application.

(5) Without limiting the grounds for refusal, the application may be refused if the applicant fails to provide the information required by the Minister within the time required.

(6) An activity approval may be granted subject to terms.

(7) For the purposes of this Act, it is a statutory condition of an assessment lease that the holder must comply with any activity approval granted to the holder and in force.

(8) Clauses 6 (2)–(4), 7 (2), 9 and 11 of Schedule 1B apply to and in respect of the imposition of terms on, and variation of terms of, an activity approval in the same way as they apply to and in respect of the imposition of conditions on, and the variation of conditions of, a petroleum title.

(9) The Minister may cancel an activity approval—

(a) if the holder of the activity approval lodges with the Secretary a request that the Minister cancel the activity approval, or

(b) if the Minister is satisfied that a person has contravened the activity approval (whether or not the person is prosecuted or convicted of any offence arising from the contravention).