MINERAL RESOURCES ACT 1989 - SECT 223
Chief executive may recommend action to ease concerns or other action
MINERAL RESOURCES ACT 1989 - SECT 223
Chief executive may recommend action to ease concerns or other action
223 Chief executive may recommend action to ease concerns or other action
(1) If the chief executive considers a mineral development licence holder
should take stated action to ease concerns of an owner of land or another
mineral development licence holder, or should take some other action, the
chief executive may recommend the action to the Minister.
(2) The Minister
may give the mineral development licence holder the directions the Minister
considers appropriate about the recommended action.
(3) A failure by the
holder to comply with the Minister’s directions is taken to be a breach of a
condition of the mineral development licence.
(4) If the Minister gives a
direction under subsection (2) , the chief executive must give a copy to—
(a) if the recommended action under subsection (1) relates only to native
title protection conditions under section 194AAA—any person identified in
the conditions as a native title party; or
(b) if the recommended action
under subsection (1) relates only partly to the native title protection
conditions—
(i) any person identified in the conditions as a native title
party; and
(ii) the owner of the land; or
(c) otherwise—the owner of the
land.
(5) If the recommended action under subsection (1) is action to ease
concerns of an owner of land or another mineral development licence holder,
the chief executive must give the owner and the other mineral development
licence holder written notice of—
(a) the substance of any recommendation
made to the Minister under subsection (1) or, if the chief executive decides
not to make a recommendation, the chief executive’s decision; and
(b) any
other action the chief executive has taken to ease the concerns of the owner
or mineral development licence holder.
