OFFSHORE MINERALS ACT 1994 - SECT 257 Exemption from or suspension of conditions

OFFSHORE MINERALS ACT 1994 - SECT 257

  (1)   If:

  (a)   a mining licence holder requests the Designated Authority 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 Joint Authority may:

  (c)   suspend a licence condition; or

  (d)   exempt the holder from complying with a licence condition.

  (2)   If a Designated Authority gives:

  (a)   a direction under section   387; or

  (b)   an approval, consent or exemption under the regulations;

to a mining licence holder, the Joint Authority 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 Joint Authority may:

  (a)   suspend a licence condition; or

  (b)   exempt the licence holder from complying with a licence condition;

subject to whatever conditions the Joint Authority thinks appropriate.

  (4)   If the Joint Authority:

  (a)   suspends a licence condition; or

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

the Designated Authority 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).