MINING ACT 1992 - SECT 125
Grounds of cancellation of authorities
MINING ACT 1992 - SECT 125
Grounds of cancellation of authorities
125 Grounds of cancellation of authorities
(1) The decision-maker may cancel an authority as to the whole or any part of
the land to which it relates--
(a) if the holder of the authority lodges with
the Secretary a request that the decision-maker cancel the authority as to the
whole or part of the land, or
(b) if the decision-maker is satisfied that the
holder of the authority has contravened a provision of this Act or the
regulations (whether or not the holder is prosecuted or convicted of any
offence arising from the contravention), or
(c) if the decision-maker is
satisfied that a person has contravened a condition of the authority (whether
or not the person is prosecuted or convicted of any offence arising from the
contravention), or
(d) if the decision-maker is satisfied that the holder of
the authority provided false or misleading information in or in connection
with an application for or with respect to the authority or any report
provided under this Act, or
(e) if the decision-maker is satisfied that the
holder of the authority has failed to comply with the requirements of any
agreement or assessment under Part 13 in relation to the payment of
compensation, or
(f) if the holder of the authority is convicted of any
offence relating to mining or minerals, or
(g) if the decision-maker is
satisfied that the holder of the authority has failed to use the land the
subject of the authority in good faith for the purposes for which the
authority has been granted, or has used the land for a purpose other than that
for which the authority has been granted, or
(h) if the decision-maker is
satisfied that there has been a contravention of a direction under section 240
or 240AA, or
(i) if the decision-maker is satisfied that the land is required
for a public purpose.
(2) A request lodged with the Secretary for the
cancellation of an authority as to part only of the land to which it relates
must be accompanied by a description, prepared in the manner prescribed by the
regulations, of the land in respect of which the authority is to be retained.
(3) Action may be taken under this section whether or not any other action has
been taken in respect of the authority under this Act.
