Part 2.4(1) This Part provides for the grant of mining licences over blocks in coastal waters.(2) A mining licence may be granted over:(a) a vacant standard block (see Division 2), or(b) certain blocks that are not vacant (see Division 2), or(c) a tender block (see Division 3).Note 1. A tender block is a block that has been declared available for tender. A standard block is any other block (see sections 19 and 20).Note 2. A retention or exploration licence holder may apply for a mining licence over the same area or part of the same area.
193 Activities authorised by a mining licence
(1) Subject to subsection (2), a mining licence holder may:(a) recover minerals in the licence area, and(b) explore for minerals in the licence area.Note 1. Under section 23 (1) the concept of “exploration” extends to activities that are directly related to exploration.Note 2. Under section 24 (1) the concept of “recovery” extends to activities that are directly related to the recovery of minerals.(2) If the licence is expressed to restrict the kind of minerals covered by the licence, the holder is not permitted to recover, or to explore for, minerals not covered by the licence.(3) 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).(4) For the purposes of subsection (2), the holder does not recover an excluded mineral if, in the course of recovering, or exploring for, another mineral, the holder recovers some excluded mineral.
194 Minister may cancel or not renew mining licence without compensation
No compensation is payable because of the cancellation or non-renewal of a mining licence by the Minister.Note 1. The Minister may cancel the licence under section 265.Note 2. The Minister may refuse under section 242 to renew the licence.
195 Licence rights may be suspended
(1) The Minister must suspend particular rights conferred by a mining 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 mining 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 258 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.
196 Compensation for acquisition of property due to suspension of rights
(1) If:(a) the Minister suspends licence rights under section 195, 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 195, 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 mining licence over standard blocks
197 Application for mining licence over vacant standard block
(1) A person may apply to the Minister for a mining licence over a standard block that is vacant.(2) A standard block is vacant if no exploration, retention or mining licence is in force over the block.(3) The application must not cover more than 20 blocks.(4) If the application is for a licence over a group of blocks, the blocks must form a discrete area.
198 Holder of exploration licence or retention licence may apply for mining licence
(1) An exploration or retention licence holder may apply to the Minister for a mining licence over all or some of the blocks in the licence area of the exploration or retention licence.(2) A person may apply for a mining licence under subsection (1) 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 holder may apply for 2 or more mining licences over different parts of the licence area of the exploration or retention licence.
(1) An application under section 197 or 198 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 activities that the applicant intends to carry out on the block or blocks covered by the application, and(ii) the amount of money that the applicant intends to spend on those activities, and(iii) 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(iv) the technical advice available to the applicant, and(v) the financial resources available to the applicant, and(vi) if the licence is to be held by more than one person, the share of the licence that each prospective holder will hold, 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 applicant may include in the application any other information that the applicant thinks is relevant.
200 Effect of inclusion of unavailable block in application
If:(a) a person applies under section 197 or 198 for a licence over a group of blocks, and(b) because of section 18, 197 or 198 a mining licence cannot be granted over one or more of the blocks in the group,the Minister may still deal with the application to the extent to which the application covers blocks for which a mining licence can be granted.Note. A mining licence cannot be granted over a block that is not vacant or over a reserved block (see section 18).
(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.
202 Application must be advertised
(1) The applicant must advertise the application in a newspaper that circulates 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 mining licence over 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 lodges the application, and(b) in any case, subject to subsection (4), within 14 days after the day on which the applicant lodges 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.
203 How multiple applications are dealt with
(1) Subject to subsection (2), if a block is covered by 2 or more applications for a mining or exploration licence, the Minister must deal with the applications in the order in which they are made.Note. See also section 58.(2) If:(a) the applications are lodged within a particular time of each other, and(b) the time is less than the time prescribed by the regulations,the Minister must determine the order in which the applications are to be dealt with by drawing lots in the way prescribed by the regulations.
204 Request for further information
(1) The Minister may ask the applicant for 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.
See note 2 to section 3 (1).
206 Minister may provisionally grant licence
If the applicant does what is required by sections 199 to 204, the Minister may:(a) provisionally grant a mining licence to the applicant, or(b) subject to section 208, refuse the application.Note. Under section 232, 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 214 for proper acceptance).
See note 2 to section 3 (1).
208 Refusal of application for mining licence made under section 198
(1) If the Minister proposes to refuse an application for a mining licence made under section 198, the Minister must notify the applicant of the proposed refusal.(2) The notice must:(a) be in writing, and(b) specify the reason for the proposed refusal, and(c) invite the applicant to make written submissions in relation to the proposed refusal, and(d) specify the day by which submissions may be made to the Minister, and(e) specify an address where submissions are to be lodged.(3) The day specified under subsection (2) (d) must be not less than 30 days after the day on which the notice is given.(4) The Minister may refuse to grant an application for a mining licence made under section 198 only if:(a) the applicant has been given a notice under subsection (1), and(b) the Minister has considered any submission made by the applicant, and(c) the Minister is satisfied that no special circumstances exist that justify the licence being granted.
209 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 21 years.
210 Applicant must be notified
(1) The Minister must give the applicant written notice of the Minister’s decision under section 206.(2) If the Minister provisionally grants a mining 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 by the Minister 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 210.(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.
212 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 applicant is given notice under section 210.(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.
213 Extension of primary payment period
(1) If the provisional holder makes a request under section 211 or 212, 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 210.(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.
214 Acceptance of grant of mining licence for standard block
(1) The provisional grant of the mining 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 213, the end of the secondary payment period.Note. Under section 232, the grant of the licence cannot be effective before it is registered (see section 333 for registration).
215 Conditions applicable to licence on grant
If the provisional grant of the licence is properly accepted under section 214, it is subject to:(a) the conditions specified in the licence given to the applicant under section 210, or(b) if the Minister amended those conditions under section 211, those conditions as amended.
216 Lapse of provisional grant of mining licence
If the provisional grant of the licence is not properly accepted under section 214, the provisional grant lapses.
Division 3 Application for and grant of mining licence over tender block
217 Matters to be determined before applications for mining licence over tender blocks invited
(1) If the Minister proposes to invite applications for the grant of a mining licence over reserved blocks, the Minister must, before inviting the applications, determine:(a) the procedure and criteria that the Minister will adopt to allocate the licence, and(b) the amount of security that will be required for the licence under section 399, and(c) the initial term of the licence, and(d) the licence conditions.(2) The term determined under subsection (1) (c) is not to exceed 21 years.
218 Minister may invite applications for mining licence over tender blocks
(1) Subject to subsection (2), the Minister may invite applications for the grant of a mining licence over reserved blocks.(2) Applications may be invited for a licence covering a group of reserved blocks only if the group forms a discrete area.(3) The Minister is to invite applications by publishing a tender block licence notice for the licence in the Gazette.Note 1. A mining licence may cover not more than 20 tender blocks (see section 219).Note 2. A mining licence might be made available by a tender block licence notice if a mineral deposit in the area had already been identified and sufficient information was already available to justify the issue of a mining licence rather than an exploration licence.
219 Tender block licence notice—mining licence
(1) A tender block licence notice for a mining licence must:(a) specify the blocks to be covered by the licence, and(b) specify the period within which applications may be made, and(c) specify the procedure and criteria that the Minister will adopt to allocate the licence, and(d) specify the amount of security that the successful applicant will be required to lodge, and(e) specify the initial term of the licence, and(f) include a statement to the effect that information about:(i) the security that the successful applicant will be required to lodge, and(ii) the licence conditions,may be obtained from the Minister.(2) Without limiting subsection (1) (c), the Minister may for the purposes of that paragraph specify that the tender will be determined on the basis of either or both of the following:(a) the nature and extent of the mining activity proposed to be carried out,(b) the amount of money offered for the licence.(3) The tender block licence notice may specify not more than 20 blocks for the mining licence.
220 Application for mining licence over tender blocks
If a tender block licence notice has been published inviting applications for a mining licence, a person may apply to the Minister for the licence.
(1) The application must:(a) be made in accordance with the approved form, and(b) be made in the approved manner, and(c) be made before the end of the period specified in the tender block licence notice, and(d) address the criteria specified under section 219 (1) (c), and(e) include details of:(i) 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(ii) the technical advice available to the applicant, and(iii) the financial resources available to the applicant, and(iv) if the licence is to be held by more than one person, the share in the licence that each prospective holder will hold, 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 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.
223 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).
225 Minister may provisionally grant licence
(1) The Minister may provisionally grant a mining licence to an applicant who has done what is required by sections 221 to 223.(2) When provisionally granting a licence under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender block licence notice published for the licence under section 218.(3) If the Minister refuses to grant a licence under subsection (1) the Minister must give the applicant notice of the refusal.
See note 2 to section 3 (1).
227 Successful applicant must be notified
(1) If the Minister provisionally grants a mining licence under section 225 or 231, the Minister must give the provisional holder:(a) the licence, and(b) written notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given:(i) gives the Minister a written acceptance of the grant, and(ii) lodges any security required under section 399, and(iii) pays the fee that must be paid for the licence under section 425, and(iv) if the tender is determined on the basis of the amounts of money offered for the licence, pays to the Minister the amount that the provisional holder offered for the licence under section 221 (1) (d).(2) The licence must specify:(a) the blocks covered by the licence, and(b) the term of the licence, and(c) the licence conditions.Note. For the term of a licence see section 217 (2).
228 Acceptance of grant of mining licence over tender blocks
The provisional grant of a mining licence is properly accepted by the provisional holder if, within 30 days after the day on which the provisional holder is given notice under section 227, 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, and(d) if the tender is determined on the basis of the amounts of money offered for the licence, pays to the Minister the amount that the provisional holder offered for the licence under section 221 (1) (d).Note. Under section 232, the grant of the licence cannot be effective before it is registered (see section 333 for registration).
229 Conditions applicable to licence on grant
If the provisional grant of the licence is properly accepted, the licence is subject to the conditions determined under section 217.
230 Lapse of provisional grant of mining licence
If the provisional grant of the licence is not properly accepted under section 228, the provisional grant lapses.
231 Provisional grant to next applicant if grant lapses
(1) If the provisional grant of the licence lapses under section 230, the Minister may provisionally grant the licence to another of the applicants for the licence.(2) When provisionally granting a licence under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender block licence notice published for the licence under section 218.
Division 4 Duration of mining licence
232 Initial term of mining licence
(1) A mining 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 mining licence ends:(a) if the licence is granted under Division 2, at the end of the period specified in the licence under section 209 (1), or(b) if the licence is granted under Division 3, at the end of the period specified under section 227 (2).Note. The licence may be surrendered at any time (see section 264).(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.
233 Term of renewal of licence
(1) A renewal of a mining 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 at the end of the period specified in the notice under section 246.Note 1. For the maximum term of renewal see section 246 (3).Note 2. The licence may be surrendered at any time (see section 264).(3) The period runs from the day on which the previous term of the licence expires.(4) In working out the period referred to in subsection (3), section 234 is to be disregarded.
234 Effect of application for renewal on term of mining licence
If:(a) a mining licence holder applies to renew the licence under section 236, 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.
Division 5 Voluntary surrender of part of mining licence area
235 Voluntary surrender of blocks if discrete area remains
(1) A mining 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 264 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 6 Application for and grant of renewal of mining licence
236 Application for renewal of mining licence
A mining licence holder may apply to the Minister to renew the licence.Note. At each renewal, the licence conditions are reviewed (see section 254).
237 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 activities carried out by the applicant under the licence during its current term, and(ii) the amount of money spent by the applicant in relation to the blocks covered by the licence during its current term, and(iii) the activities that the applicant intends to carry out under the licence during the term applied for, and(iv) 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.
239 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).
242 Provisional renewal of mining licence
The Minister may:(a) provisionally renew the licence, or(b) subject to section 245, refuse to renew the licence.Note 1. Under section 233, 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 250 for proper acceptance).Note 2. Under section 254, new conditions may be imposed on renewal.
See note 2 to section 3 (1).
244 Matters that may be taken into account
In deciding whether to renew a mining licence, the Minister may have regard to whether the applicant has complied with:(a) this Act, and(b) the regulations, and(c) any licence conditions.
245 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.(2) The notice must:(a) be in writing, and(b) specify the reason for the proposed refusal, and(c) invite the holder to make written submissions in relation to the proposed refusal, and(d) specify the day by which submissions may be given to the Minister, and(e) specify an address where submissions are to be lodged.(3) The day specified under subsection (2) (d) must be not less than 30 days after the day on which the notice is given.(4) The Minister may refuse to grant the application only if:(a) the holder has been given a notice under subsection (1), and(b) the Minister has considered any submission made by the applicant, and(c) the Minister is satisfied that no special circumstances exist that justify the renewal being granted.
246 Applicant must be notified
(1) The Minister must give the applicant written notice of the Minister’s decision under section 242.(2) If the Minister provisionally renews the licence under section 242, 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 for the renewal under section 425.Note. Section 254 provides for renewals to be granted subject to conditions.(3) The term specified under subsection (2) (a) is not to be more than 21 years.
(1) If the licence holder:(a) has been provisionally granted a renewal of the licence under section 242, 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 holder is given notice under section 246.(3) If a request is made under subsection (1), the Minister may amend the licence condition 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.
248 Amendment of security requirements
(1) If the licence holder:(a) has been provisionally granted a renewal of the licence under section 242, and(b) is notified of a security requirement for the licence, 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 246.(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.
249 Extension of primary payment period
(1) If the licence holder makes a request under section 247 or 248, 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 246.(3) If the Minister agrees to the request, 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.
250 Acceptance of renewal of mining licence
(1) The provisional renewal of a mining 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 provisional holder has been granted an extension of the primary payment period under section 249, the end of the secondary payment period.Note. Under section 233, the renewal of the licence cannot be effective before it is registered (see section 334 for registration).
251 Conditions applicable to licence on renewal
If the provisional renewal is properly accepted under section 250, the renewed licence is subject to:(a) the conditions specified in the notice given to the licence holder under section 246, or(b) if the Minister amended those conditions under section 247, those conditions as amended.
252 Lapse of provisional renewal of mining licence
If the provisional renewal of a mining licence is not properly accepted under section 250, the provisional renewal lapses.
Division 7 Obligations associated with mining licence
(1) The sources of obligations associated with a mining 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 sections 254 to 256. For paragraph (c) see sections 44, 259 to 262, 372 and 391 (1).(2) If a mining licence has 2 or more holders, all the holders are jointly and severally bound by the obligations that attach to the licence.
254 Conditions of mining licence
(1) The Minister may grant or renew a mining licence subject to whatever conditions the Minister thinks appropriate.(2) If the Minister grants or renews a mining 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 mining 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 work in or in relation to the licence area during the term of the licence,(c) a condition requiring the holder to lodge a security with the Minister,(d) a condition requiring the holder to keep specified information,(e) a condition requiring the holder to give to the Minister, on request, specified information,(f) 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,(g) a condition requiring the holder to repair any damage to the environment caused by activities in the licence area,(h) 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) (c) 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) (c), a condition under that paragraph 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.
255 No conditions requiring payment of money
Except for a condition requiring the payment of a penalty or lodgment of security, a licence condition must not require the payment of money to the State.
(1) If:(a) a mining licence holder requests the Minister in writing to vary a licence condition, or(b) part of the licence area of a mining licence is surrendered under section 235,the Minister may vary 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 mining 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.
257 Exemption from or suspension of conditions
(1) If:(a) a mining 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 mining licence is surrendered under section 235,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 mining 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 complying 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).
258 Automatic suspension of conditions if licence rights are suspended
If:(a) the Minister suspends particular rights conferred by a mining licence under section 195, and(b) a licence condition is affected by the suspension,the licence condition is suspended for the period of the suspension of the rights.
A person who is a mining 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.
260 Licence holder must pay royalty
A mining licence holder must comply with Division 2 of Part 4.4.
261 Licence holder must keep specified records
A mining 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.Maximum penalty: $10 000.
Note. Under sections 386 and 387 the Minister may direct a person to keep records and cores, to collect and retain samples, and to make returns.
262 Licence holder must assist inspectors
A mining licence holder must provide an inspector with reasonable facilities and assistance so that the inspector is able to carry out compliance inspections.Maximum penalty: $5 000.
Note. See sections 377 to 384 for compliance inspections.
Division 8 Expiry of mining licence
A mining 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) the licence is cancelled.Note. For paragraph (a) see Division 6. For paragraph (b) see section 264. For paragraph (c) see section 265.
264 Voluntary surrender of mining licence
A mining licence holder may surrender the licence.Note 1. See Division 5 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)).
265 Cancellation of mining licence
(1) Subject to subsection (5), the Minister may cancel a mining 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 licence 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.
266 Obligations of former mining licence holders and former associates
(1) Subject to subsection (4), if:(a) a person was:(i) a mining licence holder, or(ii) an associate of a mining 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) a 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.