MINERAL RESOURCES ACT 1989 - SECT 393
Prescribed person excused for neglect or default of other entities or circumstances beyond person’s control
MINERAL RESOURCES ACT 1989 - SECT 393
Prescribed person excused for neglect or default of other entities or circumstances beyond person’s control
393 Prescribed person excused for neglect or default of other entities or
circumstances beyond person’s control
(1) If a prescribed person is required to do anything to comply with a
provision of this Act and the prescribed person proves to the satisfaction of
the Minister that—
(a) the prescribed person had been unable to do that
thing as prescribed by reason of the neglect or default of the Minister, chief
executive, Land Court, tribunal or an authorised officer or of circumstances
over which the prescribed person did not have any control; and
(b) the
prescribed person has done all that the prescribed person could to comply with
that provision, whether or not within any time prescribed therefor;
the
Minister may determine in writing that the prescribed person has complied with
that provision and the prescribed person shall be deemed to have complied with
that provision accordingly.
(2) A determination made under subsection (1) may
be conditional upon the prescribed person complying with any specified
conditions.
(3) In this section—
"prescribed person" means—
(a) a holder of, or applicant for the grant of, a
mining tenement; or
(b) a person who is carrying out, or intends to carry
out, an activity under section 386V.
