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MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 149 149 Replacement of ss 412 and 413

MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 149

149 Replacement of ss 412 and 413

Sections 412 and 413—

omit, insert—

'(1) The Minister must refuse to receive or process a purported application, other than to the Land Court, not made under the requirements under this Act for making the application.

'(2) However, the Minister may decide to allow the application to proceed and be decided as if it did comply with the requirements if the Minister is satisfied the application substantially complies with the requirements.

'(3) If the Minister decides to refuse to receive or process the purported application—

(a) the Minister must give the applicant written notice of the decision and the reasons for it; and
(b) the chief executive must refund the application fee to the applicant.

'(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 GHG 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 GHG 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 GHG tenure—that the applicant meets the relevant capability criteria under chapter 2 or 3.

'(2) For subsection (1)(b), if the application is for a GHG authority, a required document may include a survey or resurvey of the area of the proposed authority 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.

'The Minister may refuse an application if—

(a) a notice under section 413 has been given for the application; and
(b) the period stated in the notice for complying with it has ended; and
(c) the request has not been complied with to the chief executive's satisfaction.

'(1) The Minister may by notice require an applicant for, or to renew, a GHG authority to, within a stated reasonable period, do any thing required of the applicant under this Act or another Act to allow the application to be decided or the authority to be granted or renewed.

'(2) However, the period for complying with the notice must be at least 20 business days after the notice is given.

'(3) The Minister may extend the period for complying with the notice.

'(4) The Minister may refuse the application if the applicant does not comply with the requirement . '.