MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 136 136 Replacement of s 365 (Request to applicant about application)

MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 136

Section 365—

omit, insert—

'(1) For an application under this Act, the chief executive may, by notice, require the applicant to do all or any of the following within a stated reasonable period—

(a) complete or correct the application if it appears to the chief executive to be incorrect, incomplete or defective;

(b) give the chief executive or a stated officer of the department additional information about, or relevant to, the application;

Example—

The application is for a geothermal tenure. The chief executive may require a document, prepared by an appropriately qualified person, independently verifying geological or predictive migration data given in the proposed work program or development plan for the tenure.

(c) give the chief executive or a stated officer of the department an independent report by an appropriately qualified person or a statement or statutory declaration verifying all or any of the following—

(i) any information included in the application;

(ii) any additional information required under paragraph (b);

(iii) if the application is for a geothermal tenure—that the applicant meets the capability criteria.

'(2) For subsection (1)(b), if the application is for a geothermal tenure, a required document may include a survey or resurvey of the area of the proposed tenure carried out by a person who is a cadastral surveyor under the Surveyors Act 2003.

'(3) For subsection (1)(c), the notice may require the statement or statutory declaration—

(a) to be made by an appropriately qualified independent person or by the applicant; and

(b) if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant.

'(4) The giving of a statement for subsection (1)(c) does not prevent the chief executive from also requiring a statutory declaration for the subsection.

'(5) The applicant must bear any costs incurred in complying with the notice.

'(6) The chief executive may extend the period for complying with the notice.

'(7) In this section—

application does not include an application to the Land Court.

information includes a document.'.