Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 31

Minister may renew or refuse to renew a licence

31. Minister may renew or refuse to renew a licence



(1) The Minister must refuse to renew a licence if the applicant does not
satisfy the Minister as to the matters specified in section 15(6)(a), (b), (c)
and (d).

(1A) The Minister must refuse to renew a licence if the applicant does not
satisfy the Minister as to the matter specified in section 15(6)(ba) unless
the applicant satisfies the Minister that the applicant has identified
minerals in the land covered by the licence and that-

   (a)  additional time is necessary to assess the economic viability of
        mining those minerals; or

   (b)  it is not at present economically viable to mine those minerals but it
        may become so in the future.

(2) Otherwise, the Minister may, by instrument served on the applicant, renew
or refuse to renew a licence.

(3) The Minister may renew a licence-

   (a)  subject to any conditions specified in the renewal; or

   (b)  to cover a smaller area than that covered by the application for
        renewal.

(4) The Minister may renew a licence if the licensee has substantially
complied with this Act or the regulations (provided that the licensee complies
with section 15(6)(a), (b), (c) and (d)), and may refuse to renew a licence
even though the licensee has complied with this Act and the regulations.

(5) Subsection (4) does not authorise the Minister to renew a licence if the
licensee has not complied with this Act or the regulations unless the Minister
is satisfied that the non-compliance is not likely to affect adversely any
person's rights under this Act or the regulations or to result in any person
being deprived of information necessary for the effectual exercise of those
rights.

(6) A renewal or refusal to renew has no effect until the instrument of
renewal or refusal to renew is registered.