MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 31 Renewals of licences
MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 31
Renewals of licences(1) 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) The Minister may refuse to renew a licence if the Minister is satisfied as to any one or more of the following matters—
(a) the applicant as a licensee has not substantially complied with—
(i) subject to subsection (3), this Act or the regulations; or
(ii) any condition to which—
(A) the licence that is the subject of the application for renewal is subject; or
(B) a work plan is subject; or
(iii) any condition specified under section 44; or
(iv) any relevant planning scheme or permit; or
(b) the applicant as a licensee has unreasonably delayed in trying to obtain any necessary consent or other authority;
(c) the applicant as a licensee has not commenced work within the time specified in or allowed under section 42(5);
(d) the applicant as a licensee has endangered the public or an employee on or near the land covered by the licence that is the subject of the application for renewal;
(e) the applicant as a licensee has undertaken work on land otherwise than in accordance with a work plan;
S. 31(2)(f) amended by No. 64/2012 s. 27.
(f) the applicant as a licensee no longer complies with section 15(6)(a), (b), (ba), (c) or (d);
(g) in the case of an application for the renewal of a mining licence, the area covered by the licence is depleted of minerals to the extent that it is no longer feasible to mine that area;
(h) in the case of an application for the renewal of a mining licence or retention licence, it is not feasible to mine minerals in the area covered by the licence and will not be feasible to do so in the foreseeable future;
(i) in the case of an application for the renewal of a retention licence, the applicant as a licensee has failed to comply with a requirement under section 112A.
(3) Subsection (2)(a)(i) does not authorise the Minister to refuse to renew a licence if 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.
(4) Otherwise, subject to subsections (5) to (9), the Minister may, by instrument served on the applicant, renew or refuse to renew a licence.
(5) The Minister may only renew an exploration or retention licence twice.
(6) In the case of the application for the second renewal of an exploration licence, the Minister may only renew the licence if the Minister—
(a) considers there are exceptional circumstances to warrant that second renewal; and
(b) is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed.
Note
See also section 32(2) and (2A).
(7) In the case of a renewal of a retention licence, the Minister may only renew the licence—
(a) in the case of either the first or second renewal, if the Minister is satisfied that the mining of a mineral resource would be economically viable in the future; and
(b) in addition, in the case of the second renewal, only if the licensee has demonstrated to the Minister that there are exceptional circumstances to warrant that second renewal.
S. 31(8) substituted by No. 68/2014 s. 35
(8) In the case of an application for the renewal of a mining licence (including an infrastructure mining licence), the Minister may renew the licence if—
(a) mining is taking place under the licence at the time of the application and the Minister is satisfied that there is a reasonable prospect that mining will continue after that renewal; or
(b) mining had taken place under the licence before the date of the application and the Minister is satisfied that there is a reasonable prospect that mining will recommence within 2 years after renewal of the licence.
(9) 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.
(10) A renewal or refusal to renew has no effect until the instrument of renewal or refusal to renew is registered.