Part 2.3This Part provides for the grant of retention licences over blocks in coastal waters.Note. 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.Note 1. The retention licence may specify a restricted range of activities that are the only ones authorised by the licence (see section 146 (3)).Note 2. Under section 23 (1) the concept of “exploration” extends to activities that are directly related to exploration.Note 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.Note 1. The Minister may cancel the licence under section 189 or 190.Note 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.(2) The Minister may suspend rights under subsection (1) for a specified period or for an indefinite period.(3) The Minister may end a suspension at any time.(4) A suspension or the ending of a suspension must be in writing.(5) If the Minister:(a) suspends rights conferred by a retention licence, or(b) ends a suspension,the Minister must give the licence holder a written notice that informs the holder of the suspension or the ending of a suspension.Note. See section 181 for the effect of the suspension on the obligations associated with the licence.(6) A suspension takes effect when:(a) the holder has been given notice of the suspension under subsection (5), and(b) the suspension has been registered under section 337.
136 Compensation for acquisition of property due to suspension of rights
(1) If:(a) the Minister suspends licence rights under section 135, and(b) the suspension results in the acquisition of property from a person, and(c) the State and the person agree on an amount of compensation for the acquisition,the State must pay the person the agreed amount of compensation.(2) If:(a) the Minister suspends licence rights under section 135, and(b) the suspension results in the acquisition of property from a person, and(c) the State and the person do not agree on an amount of compensation for the acquisition, and(d) the person brings an action for compensation against the State in the Supreme Court,the State must pay the person the amount of compensation (if any) that is determined by that Court.(3) In this section: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:(a) the group forms a discrete area, and(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.
(1) The application must:(a) be made in accordance with the approved form, and(b) be made in the approved manner, and(c) specify the blocks for which the application is made, and(d) include details of:(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(e) be accompanied by maps that:(i) relate to the blocks, and(ii) comply with the regulations, and(f) specify an address for service of notices under this Act and the regulations.Note. For paragraphs (a) and (b) see section 41.(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.
(1) The applicant must pay the appropriate application fee.(2) The fee must be paid when the application is made.(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
(1) The applicant must advertise the application in a newspaper circulating throughout the State.(2) The advertisement must contain:(a) the applicant’s name and address, and(b) a map and description of the blocks applied for that are sufficient for the blocks to be identified, and(c) the address of the Minister, and(d) a statement:(i) that the applicant has applied for a retention licence for the blocks described in the notice, and(ii) that invites comment from the public on the application, 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.(3) The advertisement must be published:(a) as soon as possible after the applicant makes the application, and(b) in any case, subject to subsection (4), within 14 days after the day on which the applicant makes the application.(4) If:(a) the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period, and(b) the Minister extends the period,the advertisement must be published within the period as extended by the Minister.
141 Request for further information
(1) The Minister may ask the applicant for further information about the application.(2) The request must:(a) be in writing, and(b) be given to the applicant, and(c) specify the time within which the information must be provided.(3) Information requested under subsection (1) must be provided:(a) in writing, and(b) within the time specified in the request.
See note 2 to section 3 (1).
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(b) refuse the application.Note. 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).
See note 2 to section 3 (1).
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
(1) The licence must specify:(a) the blocks covered by the licence, and(b) the term of the licence, and(c) the licence conditions.(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:(a) the Minister must give the licence to the provisional holder, and(b) the notice under subsection (1) must contain the following information:(i) notification of any determination under section 399 that the provisional holder must lodge a security,(ii) notification that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period:(A) gives the Minister a written acceptance of the grant, and(B) lodges any security required under section 399, and(C) pays the fee that must be paid for the licence under section 425.
(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.(4) The Minister must give the provisional holder written notice of a decision under this section.
149 Amendment of security requirements
(1) If the provisional holder:(a) is notified of a security requirement, and(b) is dissatisfied with the amount of the security required,the provisional holder may ask the Minister to make a new determination under section 399.(2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 147.(3) If a request is made under subsection (1), the Minister may make a new determination under section 399.(4) The Minister must give the provisional holder written notice of the new determination.
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.(3) If the Minister agrees to the request, the Minister must:(a) determine the period of the extension, and(b) give the provisional holder a written notice of the period of the extension.
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:(a) gives the Minister a written acceptance of the grant, and(b) lodges any security required under section 399, and(c) pays the fee that must be paid for the licence under section 425.(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.Note. Under section 154, the grant of the licence cannot be effective before the grant is registered (see section 333 for registration).
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:(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 a retention licence expires at the end of the period specified in the licence under section 146 (1).Note 1. For the maximum initial term see section 146 (2).Note 2. The licence may be surrendered at any time (see section 187).(3) The period runs from:(a) 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, that specified day.
155 Term of renewal of licence
(1) A renewal of a retention 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 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.Note 1. For the maximum term of renewal see section 169 (3).Note 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(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.
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.Note. See section 187 for the surrender of the whole licence.(2) A surrender under subsection (1) must:(a) be made in writing, and(b) identify the blocks surrendered, and(c) be given to the Minister.Note. The surrender takes effect when it is registered under section 337 (see section 337 (5)).
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.Note. 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:(a) the application is made before the day on which the licence expires, and(b) the Minister believes that there are reasonable grounds for accepting the application.
(1) The application must:(a) be made in accordance with the approved form, and(b) be made in the approved manner, and(c) include details of:(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.Note. For paragraphs (a) and (b) see section 41.(2) The applicant may include in the application any other information that the applicant thinks is relevant.
162 Request for further information
(1) The Minister may ask the applicant to provide further information relating to the application.(2) The request must:(a) be in writing, and(b) be given to the applicant, and(c) specify the time within which the information must be provided.(3) Information requested under subsection (1) must be provided:(a) in writing, and(b) within the time specified in the request.
(1) The applicant must pay the appropriate application fee.(2) The fee must be paid when the application is made.(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.
See note 2 to section 3 (1).
165 Provisional renewal of retention licence
The Minister may:(a) provisionally renew the licence, or(b) subject to section 168, refuse to renew the licence.Note 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).Note 2. Under section 177, new conditions may be imposed on renewal.
See note 2 to section 3 (1).
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.Note. 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).(2) The notice must:(a) be in writing, and(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:(a) notification of the term of the renewal,(b) notification of the conditions of the renewed licence,(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:(i) gives the Minister a written acceptance of the renewal, and(ii) lodges any security required under section 399, and(iii) pays the fee that must be paid under section 425.Note. 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.
(1) If the licence holder:(a) has been provisionally granted a renewal of the licence under section 165, and(b) is notified of the licence conditions, and(c) is dissatisfied with a condition,the holder may ask the Minister to amend the condition.(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.(4) The Minister must give the holder written notice of a decision under this section.
171 Amendment of security requirements
(1) If the licence holder:(a) has been provisionally granted a renewal of the licence under section 165, and(b) is notified of a security requirement, and(c) is dissatisfied with the amount of the security required,the holder may ask the Minister to make a new determination under section 399.(2) The request must be made within 30 days after the day on which the holder is given notice under section 169.(3) If a request is made under subsection (1), the Minister may make a new determination under section 399.(4) The Minister must give the holder written notice of the new determination.
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:(a) determine the period of the extension, and(b) give the holder a written notice informing the holder of the period of the extension.
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:(a) gives the Minister a written acceptance of the renewal, and(b) lodges any security required under section 399, and(c) pays the fee that must be paid under section 425.(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.Note. Under section 155, the renewal of the licence cannot be effective before it is registered (see section 334 for registration).
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
(1) The sources of obligations associated with a retention licence are:(a) the licence conditions, and(b) obligations arising from directions under section 387 or 392 given by the Minister, and(c) obligations imposed by this Act and the regulations.Note. 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:(a) a condition requiring the licence holder to take out insurance as required by the Minister,(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:(i) protecting wildlife, or(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:(a) the amount of the security required, and(b) the kind of security required, and(c) the manner and form in which the security is to be lodged.(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:(a) the kind of person who is to give the guarantee, and(b) the terms of the guarantee.
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.
(1) If:(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,the Minister may vary a licence condition.(2) If a Minister gives:(a) a direction under section 387, or(b) an approval, consent or exemption under the regulations,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.(3) The Minister may vary a licence condition subject to whatever conditions the Minister thinks appropriate.(4) If the Minister varies a licence condition, the Minister must give the licence holder a written notice that:(a) informs the holder of the variation, and(b) specifies the conditions which have been varied, and(c) specifies any conditions to which the variation is subject.
180 Exemption from or suspension of conditions
(1) If:(a) a retention licence holder requests the Minister in writing to:(i) suspend a licence condition, or(ii) exempt the holder from complying with a licence condition, or(b) part of the licence area of a retention licence is surrendered under section 158,the Minister may:(c) suspend a licence condition, or(d) exempt the holder from complying with a licence condition.(2) If the Minister gives:(a) a direction under section 387, or(b) an approval, consent or exemption under the regulations,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.(3) The Minister may:(a) suspend a licence condition, or(b) exempt the licence holder from compliance with a licence condition,subject to whatever conditions the Minister thinks appropriate.(4) If the Minister:(a) suspends a licence condition, or(b) exempts the licence holder from complying with a licence condition,the Minister must give the holder a written notice that:(c) informs the holder of the exemption or suspension, and(d) specifies the conditions which have been suspended or affected by the exemption, and(e) specifies any conditions to which the suspension or exemption is subject.Note. A suspension or exemption of a condition does not take effect until registered (see section 337).
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(b) a licence condition is affected by the suspension,the licence condition is suspended for the period of the suspension of the rights.
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.Note. 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.
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(c) to remove from the licence area any structure, equipment or other property that:(i) belongs to the person, or is under the person’s control, and(ii) is not being used, or is not going to be used, in connection with the activities.Maximum penalty: $20 000.
Note. The safety of offshore exploration and mining activities is governed by the Coal Mine Health and Safety Act 2002 and the Mine Health and Safety Act 2004.
184 Licence holder must keep specified records etc
A retention licence holder must:(a) keep whatever records and samples, and(b) give whatever records and samples to the Minister for inspection, and(c) make whatever returns,are necessary to comply with:(d) the regulations, or(e) the licence conditions, or(f) a direction given by the Minister under section 387.Note. 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.Maximum penalty: $10 000.
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.Note. See sections 377 to 384 for compliance inspections.Maximum penalty: $5 000.
Division 7 Expiry of retention licence
A retention licence expires if:(a) the term of the licence ends without the licence being renewed, or(b) the licence holder surrenders the licence, or(c) a mining licence is granted over the blocks in the licence area of the retention licence, or(d) the licence is cancelled.Note. 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.Note 1. See Division 4 for voluntary surrender of part of a licence area.Note 2. The surrender takes effect when it is registered under section 337 (see section 337 (5)).
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:(a) breaches a licence condition, or(b) contravenes a provision of this Act or the regulations, or(c) breaches a condition attached to an approval under section 365 (2).(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.(3) The notice must:(a) specify the reason for the proposed cancellation, and(b) invite the holder to make submissions in relation to the proposed cancellation, and(c) specify the day by which submissions may be made to the Minister, and(d) specify an address where submissions are to be lodged.(4) The day specified under subsection (3) (c) must be not less than 60 days after the day on which the notice is given.(5) The Minister may cancel the licence only if:(a) the holder has been given a notice under subsection (2), and(b) the Minister has considered:(i) any submission made by the holder in accordance with subsection (3), 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(c) the Minister is satisfied that no special circumstances exist that justify the licence not being cancelled.
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:(a) be in writing, and(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
(1) Subject to subsection (4), if:(a) a person was:(i) a retention licence holder, or(ii) an associate of a retention licence holder, and(b) the licence:(i) expires, or(ii) is cancelled, or(iii) is surrendered, and(c) an obligation associated with the licence arising out of:(i) a licence condition, or(ii) a direction given under section 387, or(iii) this Act or the regulations,has not been discharged, and(d) the person was bound by that obligation when the person was the licence holder or an associate,the person remains bound by the obligation until the obligation is discharged.(2) Subsection (1) does not continue an obligation to carry out exploration or recovery activities.(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.(4) The Minister may determine that the person is not subject to:(a) any particular obligation under this section, or(b) all the person’s remaining obligations under this section.(5) A determination under subsection (4) is to be in writing.