• Specific Year
    Any

MINERAL RESOURCES DEVELOPMENT ACT 1995 - SECT 31 Variation of exploration licence

MINERAL RESOURCES DEVELOPMENT ACT 1995 - SECT 31

Division 3 - Dealings with licences Variation of exploration licence

(1)  The Minister, with the approval of the licensee, by notice in writing, may vary the licence by –
(a) adding to, or reducing, the area of land comprised in the licence; or
(b) adding a mineral or category of minerals to, or removing a mineral or category of minerals from, any mineral or category of minerals to which the licence relates.
(2)  On the application of a licensee, the Minister, by notice in writing, may vary the licence by –
(a) adding to, or reducing, the area of land comprised in the licence; or
(b) adding a mineral or category of minerals to, or removing a mineral or category of minerals from, the minerals or category of minerals to which the licence relates.
(3)  If a licensee fails to comply with, or contravenes, a provision of this Act or a condition of the licence, the Minister may vary the licence by –
(a) changing or adding any condition; or
(b) reducing the area of land comprised in the licence; or
(c) removing a mineral or category of minerals from the minerals or category of minerals to which the licence relates.
(4)  Before varying a licence, the Minister, by notice in writing served on the licensee, is to notify the licensee of –
(a) the intent to vary the licence; and
(b) the nature of the variation; and
(c) the right of the licensee to make submissions in relation to the matter within a period specified in the notice.
(5)  A licensee may appeal to the Mining Tribunal against the Minister's decision to vary the licence within 28 days after the date of the decision.
(6)  The variation of the licence takes effect –
(a) if an appeal is not made under subsection (5) , 28 days after service of a notice under subsection (4) ; or
(b) if an appeal is made under subsection (5) and the Mining Tribunal makes an order affirming the decision, 10 days after the date of the order.
(7)  Subject to subsection (8) , an area of land which was not comprised in a licence because of the operation of section 21 (3) is to be comprised in the licence when –
(a) the area ceases to be comprised in a lease; or
(b) the application for a mining lease is refused or withdrawn.
(8)  An area of land must not be comprised in a licence under subsection (7) so as the total area of land exceeds the area specified in section 21 in respect of the relevant category of minerals.