(2) The holder of an assessment lease may apply in writing to the Minister 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) The Minister may require the holder of an
assessment lease to provide such information as is required by the Minister,
within the time specified by the Minister, before considering the application
or at any time during consideration of the application.
(4) After considering
the application for the activity approval, the Minister--
(5) Without limiting
the grounds for refusal, the application may be refused if the applicant fails
to provide the information required by the Minister 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 6 (2)-(4), 7 (2), 9 and 11 of Schedule 1B apply to and in
respect of the imposition of terms on, and variation of 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 conditions of, a
petroleum title.
(b) if the Minister 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).
(10) Before cancelling an activity approval, otherwise than
at the request of the holder of the activity approval, the Minister is to
cause a written notice to be served on the holder of the activity approval
that contains the following--
(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.
(a) the Minister has taken any such
representations received from the holder of the activity approval into
consideration, or
(b) the period specified in the notice has elapsed and no
such representations have been received.
(12) The Minister is to cause
written notice of the cancellation of an activity approval to be given to the
holder of the activity approval.
(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 Minister to cancel an
activity approval held by the person may appeal to the Land and Environment
Court against the decision. Section 22B applies to such an appeal as if it
were an appeal against a decision to cancel a petroleum title.
(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.
