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MINERAL RESOURCES DEVELOPMENT ACT 1995 - SECT 61 Variation of retention licence

MINERAL RESOURCES DEVELOPMENT ACT 1995 - SECT 61

Division 3 - Dealings with licences Variation of retention licence

(1)  The Minister, with the approval of the licensee, by notice in writing, may vary the licence by removing a mineral, or a category of minerals, from the licence.
(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; and
(b) adding or removing a mineral, or a category of minerals, from the licence.
(3)  If a licensee fails to comply with, or contravenes, a provision of this Act or a condition of the licence, the Minister, by notice in writing, 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 a category of minerals, from the licence.
(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.
(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.