MINERAL RESOURCES DEVELOPMENT (SUSTAINABLE DEVELOPMENT) ACT 2006 (NO 63 OF 2006) - SECT 15 New Division 5 of Part 2 inserted
MINERAL RESOURCES DEVELOPMENT (SUSTAINABLE DEVELOPMENT) ACT 2006 (NO 63 OF 2006) - SECT 15
New Division 5 of Part 2 insertedFor section 27 of the Principal Act substitute —
'Division 5—Tenders for licences
27. Tendering process
(1) The Minister may invite tenders for a licence over land that is not the subject of a licence or an application for a licence.
(2) A tender for a licence is ineffective if it does not contain the information required by the regulations for the purposes of this section.
(3) A tender for a licence may be over land that has been exempted under section 7 from being subject to an exploration licence or a mining licence, or both.
27A. Acceptance of tender
(1) If the Minister accepts a tender, he or she must notify the successful tenderer in writing that the tender has been accepted.
(2) On the Minister accepting a tender for a licence that covers an area of land all or part of which is subject to an exemption under section 7(1) —
(a) the exemption is revoked to the extent that it relates to the area of land; and
(b) the Minister must cause a notice to be published in the Government Gazette—
(i) stating that the tender has been accepted; and
(ii) describing the area of land subject to the exemption; and
(iii) stating that the exemption relating to the area of land is revoked to the extent that it relates to that land.
27B. Advertising and notice requirements
(1) A successful tenderer, within 14 days after being notified under section 27A(1) that the tender has been accepted, must—
(a) advertise the acceptance of the tender in accordance with the regulations; and
(b) if the tender is for a mining licence, give notice of the acceptance of the tender in accordance with the regulations to the owner and occupier of the land to be affected by the licence.
(2) Until regulations are made for the purposes of sub-section (1) the relevant regulations relating to applications for licences under Division 2 will apply (with any necessary modifications).
27C. Consultation and notification requirements
(1) The Minister must, as soon as practicable after a successful tenderer for a licence covering unrestricted Crown land is notified under section 27A(1) that the tender has been accepted, consult with the Crown land Minister in relation to the carrying out of work on that land and that Minister may recommend to the Minister conditions to which the licence should be made subject.
(2) The Department Head must, within 14 days after a successful tenderer is notified under section 27A(1) that the tender has been accepted, give notice of the acceptance of the tender to the persons and bodies referred to in section 18.
27D. Application of provisions to tenders
(1) The application process under Division 2 does not apply to a tender under this Division except as provided in this section.
(2) Sections 24, 25, 25A and 26 apply to a tender for a licence as if the successful tenderer were an applicant for the licence.
(3) Without limiting sub-section (2), the Minister must not grant a licence to a person who has submitted a tender unless the Minister is satisfied that the person meets the requirements listed in section 15(6).
27E. Minister may not accept any tenders
(1) The Minister may decide not to accept any tenders for a licence over land that are submitted in response to an invitation under this Division.
(2) If the Minister decides not to accept any tender, he or she may invite further tenders or decide not to call for any more tenders in relation to that land.
(3) If the Minister decides not to call for any more tenders in relation to that land, he or she must—
(a) notify the unsuccessful tenderers that further tenders will not be invited; and
(b) unless the land has been exempted under section 7 from being subject to an exploration licence or a mining licence, or both, declare by notice published in the Government Gazette that the land is available for applications for licences.'.