Commonwealth Numbered Acts

OFFSHORE MINERALS ACT 1994 No. 28, 1994 - SECT 39

39. This Act provides for the grant of:

   (a)  exploration licences (see Part 2.2); and

   (b)  retention licences (see Part 2.3); and

   (c)  mining licences (see Part 2.4); and

   (d)  works licences (see Part 2.5); and

   (e)  special purpose consents (see Part 2.6). Note 1: An exploration
        licence is designed to cover the exploration phase of a project and
        authorises: - exploration; and - the recovery of mineral samples. Note
        2: A retention licence is designed to ensure the retention of rights
        pending the transition of a project from the exploration phase to the
        commercial mining phase and authorises: - exploration; and - the
        recovery of minerals but not as part of a commercial mining operation.
        Note 3: A mining licence is designed to cover the commercial mining
        phase of a project and authorises: - exploration; and - full
        commercial recovery. Note 4: A project might make use of any of the
        following 3 licence arrangements: - an exploration licence leading to
        a mining licence; - an exploration licence leading to a retention
        licence and then a mining licence; - a mining licence (without
        progressing through an exploration/retention licence stage). Note 5: A
        licence is granted over a particular area (constituted by blocks). The
        licence holder may need to carry out engineering or other activities
        outside the licence area. If so, the licence holder or someone else
        must obtain a works licence to carry out those activities. Note 6: If
        a person wants to carry out: - a scientific investigation; or - a
        reconnaissance survey; or - the collection of only small amounts of
        minerals; in an offshore area, the person must obtain a
        special purpose consent under Part 2.6 to carry out the activity. Note
        7: Even though a person has a licence or special purpose consent, the
        person must not interfere unnecessarily with navigation, native title,
        fishing, resource conservation or other activities in the area (see
        section 44).