New South Wales Consolidated Acts

MINING ACT 1992 - SECT 23

23 Power of decision-maker in relation to tenders

(1) After considering a tender in respect of land in respect of which one tender only is lodged, the decision-maker:

(a) may grant an exploration licence to the tenderer, or

(b) may refuse the tender.

(2) After considering all tenders in respect of land in respect of which more than one tender is lodged, the decision-maker:

(a) may grant an exploration licence to any one of the tenderers and refuse the other tenders, or

(b) may refuse all of the tenders.

(3) Without limiting the generality of subsections (1) and (2) or any other provision of this Act, a tender may be refused on any one or more of the following grounds:

(a) that the tenderer (or, in the case of a tenderer that is a corporation, a director of the corporation) has contravened this Act or the regulations (whether or not the person has been prosecuted or convicted of any offence arising from the contravention) or has been convicted of any other offence relating to mining or minerals,

(b) that the decision-maker reasonably considers that the tenderer provided false or misleading information in or in connection with an application or any report provided under this Act for or with respect to the tender.

(4) For the purposes of this section, only one tender is lodged in respect of land if no other tender is lodged in respect of the land or any part of the land.