Division 4 Duration of exploration licence

88   Initial term of exploration licence

(1)  An exploration licence comes into force on:

(a)  the day on which the grant of the licence is registered, or

(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 an exploration licence ends:

(a)  4 years after the day on which the licence is provisionally granted, or

(b)  if a day later than the day on which the licence is provisionally granted is specified in the licence as its commencement day, 4 years after that specified day.

Note. The licence may be surrendered at any time (see section 127).

89   Term of renewal of exploration licence

(1)  A renewal of an exploration licence comes into force on:

(a)  the day on which the renewal is registered, or

(b)  the day on which the previous term of the licence expires,

      whichever is the later.

Note. See Division 6 for renewal.

(2)  The term of a renewal of a licence ends 2 years after the day on which the previous term of the licence expires.

Note. The licence may be surrendered at any time (see section 127).

(3)  In working out the previous term of the licence, section 90 is to be disregarded.

(4)  An exploration licence is not to be renewed more than 3 times.

90   Effect of suspension of rights on term of exploration licence

(1)  If the Minister suspends rights conferred by an exploration licence for a specified period under section 48, the Minister may extend the term of the licence.

(2)  An extension of a licence term under subsection (1):

(a)  must not be for a period that is longer than the period for which the licence rights were suspended, and

(b)  must be in writing.

(3)  If the Minister extends the term of a licence under subsection (1), the Minister must give the licence holder a written notice that informs the holder:

(a)  that the licence has been extended, and

(b)  of the period of the extension.

91   Effect of application for renewal on term of exploration licence

If:

(a)  an exploration licence holder applies to renew the licence under section 101, and

(b)  the current term of the licence expires, and

(c)  a renewal of the licence does not take effect immediately after the current term expires,

the licence remains in force after the current term expires until:

(d)  a renewal of the licence takes effect, or

(e)  a provisional renewal of the licence lapses, or

(f)  the application for renewal is withdrawn or refused.

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

If:

(a)  an exploration licence holder applies for:

(i)  a retention licence (see section 137), or

(ii)  a mining licence (see section 198),

      over the licence area, or part of the licence area, of the exploration licence, and

(b)  the current term of the exploration licence expires, and

(c)  a grant of the retention licence or mining licence does not take effect before the current term of the exploration licence expires,

the exploration licence remains in force until:

(d)  the grant of the retention licence or mining licence takes effect, or

(e)  a provisional grant of the retention licence or mining licence lapses, or

(f)  the application for the retention licence or mining licence is withdrawn or refused.

93   Effect of application for extension on term of licence

If:

(a)  an exploration licence holder applies for an extension of the term of the licence under section 94 or 96, and

(b)  the holder has also applied to renew the licence under section 101, and

(c)  the extension application is not decided before the licence is due to expire,

then:

(d)  the renewal application lapses, and

(e)  the licence remains in force until:

(i)  if the Minister extends the term of the licence under section 95 or 97 for a specified period, 30 days after the day on which that period ends, or

(ii)  if the Minister refuses to extend the term of the licence under section 95 or 97, 30 days after the day on which the holder is given notice of the refusal under section 98.

94   Extension of licence—activities disrupted

(1)  If:

(a)  an exploration licence authorises the licence holder to carry out an activity, and

(b)  circumstances beyond the control of the holder prevent the holder from carrying out the activity,

      the holder may apply to the Minister for an extension of the term of the licence.

(2)  The application must be made:

(a)  within 30 days after the day on which the holder first became aware of the circumstances, and

(b)  before the licence expires.

95   Grant of licence extension—activities disrupted

(1)  Subject to subsection (2), if an exploration licence holder applies for an extension under section 94, the Minister:

(a)  must grant an extension of the term of the licence if the Minister is satisfied that:

(i)  the holder is or has been unable to carry out the activities authorised by the licence, and

(ii)  the holder is or has been unable to do so because of circumstances beyond the holder’s control, and

(iii)  no excluded time is included in the period of inability for which an extension is sought, and

(b)  must refuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a).

(2)  The period for which the extension is granted must not be longer than the disruption period for the licence less any excluded time for the licence.

(3)  The extension may be granted subject to whatever conditions the Minister thinks appropriate.

(4)  In this section:

disruption period for a licence means the period during which the licence holder is unable to carry out activities authorised by the licence because of circumstances beyond the holder’s control.

excluded time for a licence means any period during which the licence was in force because of section 90, 91, 92 or 93.

Note. Under section 90, if the Minister has under section 48 suspended rights under a licence for a period, the Minister may extend the term of the licence for an equivalent period. Under section 91, the term of a licence is automatically extended if there is an application for the renewal of a licence undecided when the licence is due to expire. Under section 92, the term of a licence is automatically extended if the holder applies for a retention or mining licence over the licence area. Under section 93, the term of a licence is automatically extended if there is an application for an extension of the licence undecided when the licence is due to expire.

96   Extension of licence—other circumstances

(1)  An exploration licence holder may apply to the Minister for an extension of the term of the licence if, under section 121, the Minister:

(a)  suspends a licence condition, or

(b)  exempts the holder from complying with a licence condition.

(2)  The application must be made not later than 30 days before the licence expires.

97   Grant of licence extension—other circumstances

(1)  Subject to subsection (2), if an exploration licence holder applies for an extension under section 96, the Minister:

(a)  may grant an extension of the term of the licence, or

(b)  may refuse to grant an extension of the term of the licence.

(2)  The extension must not be for a period that is longer than the period of the suspension or exemption.

(3)  The extension may be granted subject to whatever conditions the Minister thinks appropriate.

98   Notification of decision

(1)  If the Minister grants an extension of the term of the exploration licence under section 95 or 97, the Minister must give the licence holder a written notice that informs the holder of:

(a)  the grant of extension, and

(b)  the period of the extension, and

(c)  if the extension is subject to conditions, the conditions.

(2)  If the Minister refuses an application for a licence extension, the Minister must give the licence holder a written notice that informs the holder of:

(a)  the refusal, and

(b)  the reasons for the refusal.