Activity approval required for assessable prospecting operations
44A Activity approval required for assessable prospecting operations
(1) An assessment lease is subject to a statutory condition that the holder
must not carry out an assessable prospecting operation on land over which the
lease is granted unless an activity approval has been obtained for the
carrying out of the assessable prospecting operation in relation to that land
and is in force.
(2) The holder of an assessment lease may apply in writing
to the decision-maker for approval to carry out an assessable prospecting
operation in relation to any part of the land over which the lease is granted
(an
"activity approval" ).
(3) An application for an activity approval must
include the information, if any, prescribed by the regulations.
(3A) The
decision-maker may require the holder of an assessment lease to provide
further information as required by the decision-maker, within the time
specified by the decision-maker, before considering the application or at any
time during consideration of the application.
(4) After considering the
application for the activity approval, the decision-maker--
(5) Without limiting
the grounds for refusal, the application may be refused if the applicant fails
to provide the information required by the decision-maker within the time
required.
(7) For
the purposes of this Act, it is a statutory condition of an assessment lease
that the holder must comply with any activity approval granted to the holder
and in force.
(8) Clauses 7 (2)-(4), 10 (2), 12 and 14 of Schedule 1B apply
to and in respect of the imposition of terms on, and variation of the terms
of, an activity approval in the same way as they apply to and in respect of
the imposition of conditions on, and the variation of the conditions of, an
authorisation.
(b) if the
decision-maker is satisfied that a person has contravened the
activity approval (whether or not the person is prosecuted or convicted of any
offence arising from the contravention).
(b)
details of the grounds for the proposed cancellation,
(c) notice that the
holder of the activity approval has a specified period (of at least 28 days)
in which to make representations with respect to the proposed cancellation.
(13)
The cancellation takes effect on the date on which the written notice of the
cancellation is given to the holder of the activity approval, or on a later
date specified in the notice.
(14) Any person who is aggrieved by the
decision of the decision-maker to cancel an activity approval held by the
person may appeal to the Land and Environment Court against the decision.
Section 128 applies to such an appeal as if it were an appeal against a
decision to cancel an authority.
(15) The cancellation of an
activity approval does not affect any liability incurred by the holder of the
activity approval before the cancellation took effect.
(16) Action may be
taken under subsection (9) (b) whether or not any other action has been taken
in respect of the activity approval under this Act.