OFFSHORE MINERALS ACT 1994 - SECT 190 Cancellation of retention licence--mining activities viable

OFFSHORE MINERALS ACT 1994 - SECT 190

  (1)   If the Joint Authority believes that mining activities should commence in a retention licence area, the Designated Authority must ask the licence holder to explain 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 should give the explanation to the Designated Authority.

  (3)   The day specified under paragraph   ( 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:

  (a)   be in writing; and

  (b)   be given to the Designated Authority.

  (5)   The Joint Authority may cancel the retention licence if:

  (a)   the holder is given a request under subsection   ( 1); and

  (b)   either:

  (i)   the holder does not give the Designated Authority an explanation in response to the request by the day specified in the request; or

  (ii)   the holder gives the Designated Authority an explanation in response to the request but the Joint Authority does not consider the explanation to be satisfactory.

  (6)   If the Joint Authority cancels a retention licence under subsection   ( 5), the Joint Authority may specify the day on which the cancellation takes effect.

  (7)   Without limiting subsection   ( 6), the Joint Authority, 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.