Queensland: Offshore Minerals Act 1998 (Qld)

Offshore Minerals Act 1998 An Act relating to exploration for, and the recovery of, minerals (other than petroleum) in the first 3 nautical miles of the territorial sea in relation to Queensland, and for related purposes Chapter 1 Introduction Part 1.1 Preliminary 1 Short title This Act may be cited as the Offshore Minerals Act 1998. 2 Commencement This Act comes into operation on a day to be fixed by proclamation. 3 Commonwealth–State agreement (the Offshore Constitutional Settlement) (1) The Commonwealth and the States have agreed that— (a) Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and (b) the States should share, in the way provided by the Offshore Minerals Act 1994 (Cwlth), in the administration of the Commonwealth offshore mining legislation; and (c) State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and (d) the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia's territorial sea. Note 1— So far as the agreement is about petroleum, it is reflected in this State's legislation by the Petroleum (Submerged Lands) Act 1982. Note 2— The decimal part numbering system closely corresponds to the same decimal part numbering system in the Commonwealth Act. Also, sections 1 to 423 of this Act closely correspond to the same sections of the Commonwealth Act. Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To maximise uniformity between this Act and the Commonwealth Act, the numbers of some sections that are not relevant have not been used in the numbering of this Act, unless required for provisions particular to the State. (2) Other Acts that provide background in this State to the agreement (commonly referred to as the Offshore Constitutional Settlement) are— (a) the Seas and Submerged Lands Act 1973 (Cwlth), the Coastal Waters (State Powers) Act 1980 (Cwlth), the Coastal Waters (State Title) Act 1980 (Cwlth) and the Petroleum (Submerged Lands) Act 1967 (Cwlth); and (b) the Petroleum (Submerged Lands) Act 1982. Note 1— The Seas and Submerged Lands Act 1973 (Cwlth)— • declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; • gives the Governor-General power to declare, by proclamation, the limits of the territorial sea; • declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in relation to the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; • declares and enacts that the sovereign rights of Australia as a coastal State in relation to the continental shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth; • gives the Governor-General power to declare, by proclamation, the limits of the continental shelf of Australia. Note 2— The Coastal Waters (State Powers) Act 1980 (Cwlth) was enacted following a request from the Parliaments of all the States under section 51(xxxviii) of the Constitution of the Commonwealth and provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore. Note 3— The Coastal Waters (State Title) Act 1980 (Cwlth) vests in each State certain property rights in the seabed beneath the coastal waters. Note 4— The Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982 of this State make provision, based on the agreement referred to in subsection (1), for the licensing regime that applies to the exploration for and recovery of petroleum in coastal waters and offshore areas of this State. 3A Declaration for Commonwealth Act The following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) — (a) a special purpose consent; (b) a tenure. Part 1.2 Interpretation Division 1 General 4 Note etc. in the text A note, diagram or map in this Act is provided to help understanding and does not form part of the Act. 5 Definitions—the dictionary The dictionary in schedule 5 defines particular words used in this Act. 6 Shares in a tenure (1) A person has a share in a tenure if the person is the holder, or 1 of the holders, of the tenure. (2) If a holder is entitled to a particular percentage of the value of the rights conferred by a tenure, that percentage is the holder's share in the tenure. Note— A sole holder has a 100% share in the tenure. (3) If— (a) a person is a registered holder of a tenure; and (b) the person is shown in the offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the tenure; the person's share in the tenure is taken to be the percentage specified in the register. 7 Transfer of a tenure (1) A tenure is transferred if— (a) the tenure has only 1 holder and the holder transfers the whole of the licensee's interest in the tenure to another person or other persons; or (b) the tenure has 2 or more holders and the holders all transfer the whole of their interests in the tenure to another person or other persons. (2) A share in a tenure is transferred if— (a) the tenure has only 1 holder and the holder transfers a part of the holder's share in the tenure to another person or other persons; or (b) the tenure has 2 or more holders and— (i) some, but not all, of the holders transfer the whole of their shares in the tenure to another person; or (ii) some or all of the holders transfer a part of their shares in the tenure to another person. (3) The other person referred to in subsection (2)(b) may be an existing tenure holder. 8 Successor tenures (1) If— (a) a mining lease takes effect immediately after an exploration permit expires; and (b) the holder of the mining lease immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor tenure to the exploration permit. (2) If— (a) a mineral development licence takes effect immediately after an exploration permit expires; and (b) the holder of the mineral development licence immediately after it takes effect was the holder of the exploration permit immediately before it expired; the mineral development licence is a successor tenure to the exploration permit. (3) If— (a) a mining lease takes effect immediately after a mineral development licence expires; and (b) the mineral development licence took effect immediately after an exploration permit expired; and (c) the holder of the mining lease immediately after it takes effect was the holder of the mineral development licence immediately before it expired; and (d) the holder of the mineral development licence immediately after it took effect was the holder of the exploration permit immediately before it expired; the mining lease is a successor tenure to the exploration permit and the mineral development licence. 9 Section number not used See note 2 to section 3(1). 10 Position on the Earth's surface This is how the position of a point, line or area on the Earth's surface must be worked out for this Act— (a) the position must be worked out by reference to a spheroid that— (i) has a major (equatorial) radius of 6,378,160 metres; and (ii) has a flattening of 100/29825; and (b) the Johnston Geodetic Station in the Northern Territory is taken to be located 571.2 metres above the point on the surface of the spheroid that is at— (i) 133º12'30.0771'' east longitude; and (ii) 25º56'54.5515'' south latitude. 11 Section number not used See note 2 to section 3(1). 12 Power to amend and revoke instruments (1) A provision of this Act that confers a power to do something in writing is also taken to confer the power to revoke or amend the written document by which that thing is done. (2) The power to revoke or amend— (a) must also be exercised in writing; and (b) is subject to the same procedural requirements as the original power; and (c) is subject to the same conditions as those that governed the exercise of the original power. Division 2 Basic concepts for this Act 13–15 Section numbers not used See note 2 to section 3(1). 16 Coastal waters, and effect of change in baseline (1) Subject to this section, the coastal waters of the State are constituted by the first 3 nautical miles of the territorial sea from the baseline. (2) The coastal waters do not include any waters that are inside the baseline. (3) If— (a) a tenure has been granted on the basis that an area is within coastal waters; and (b) there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and (c) as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters; this Act applies as if the area were still within coastal waters. (4) Subsection (3) continues to apply to the area only while the tenure and any successor tenure remains in force. (5) If— (a) an area in the offshore area under the Commonwealth Act is covered by a tenure under the Commonwealth Act; and (b) there is a change to the baseline; and (c) as a result of the change to the baseline, the area— (i) ceases to be within the offshore area under the Commonwealth Act; and (ii) falls within coastal waters; this Act does not apply to the area. (6) Subsection (5) continues to apply to the area only while the tenure under the Commonwealth Act and any successor tenure under that Act remains in force. (7) This Act has effect subject to the Mineral Resources Act 1989, section 4. (8) In this section— baseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) as for the time being decided under the Seas and Submerged Lands Act 1973 (Cwlth), section 7(2)(b). Note 1— Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. See Australia's territorial sea baseline published 1988 by the Australian Government Printing Service. Note 2— The map in schedule 1 shows the coastal waters of the State. 17 Sub-blocks (1) This is how a sub-block is constituted in coastal waters— (a) assume that there is laid over the coastal waters a grid constituted by— (i) lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and (ii) lines running along parallels drawn through each degree of latitude and the minutes between those degrees; (b) take a bounded space defined by the grid; (c) the seabed and subsoil within the coastal waters that is under that space is a sub-block. (2) The diagram in schedule 2 shows how a sub-block is constituted. (3) Each sub-block is identified by giving the name of the plan in the 1:1000000 map series, an identifying number of the 5 minute block and a letter identifying the 1 minute sub-block. 18 Reserved sub-block (1) Subject to subsection (2), the Minister may declare that a sub-block in coastal waters is a reserved sub-block. Note 1— A reserved sub-block may be put up for tender by the Minister publishing in the Gazette a tender sub-block tenure notice (see sections 74 and 218). Note 2— The Acts Interpretation Act 1954, section 32C, which provides that in an Act, the singular includes the plural, allows a single declaration under this subsection to be made for 2 or more sub-blocks. (2) A declaration under subsection (1) must not be made about a sub-block if— (a) a tenure over that sub-block is in force; or (b) an application for a tenure over that sub-block has been made and has not been decided. (3) A declaration under subsection (1) must be made by gazette notice. 19 Standard sub-block A standard sub-block is a sub-block that is not the subject of a declaration under section 18(1). 20 Tender sub-block A tender sub-block is a sub-block that is the subject of a tender sub-block tenure notice published by the Minister under section 74 or 218. 21 Discrete area (1) A group of sub-blocks forms a discrete area if the area formed by the sub-blocks is continuous. (2) Two sub-blocks that are joined at 1 point only do not form a continuous area. 22 Minerals (1) A mineral is a naturally occurring substance or a naturally occurring mixture of substances. Editor's note— This Act does not apply to petroleum, see section 35 (Act does not apply to exploration for or recovery of petroleum). (2) Without limiting subsection (1), a mineral may be in the form of clay, limestone, evaporites, shale, oil-shale or coal. (3) However, the following are not minerals under this Act— (a) coral limestone; (b) sand, gravel and rock. Editor's note— See the Transport Infrastructure Act 1994, section 153 (Definitions for chapter), definition extractive material. 23 Exploration (1) Exploration for minerals includes any activity that is directly related to the exploration for minerals. (2) Exploration does not include the exploration for minerals of the subsoil of coastal waters that is carried out by way of underground mining from land in the State if that exploration is carried out under the Mineral Resources Act 1989. 24 Recovery (1) Recovery of minerals includes any activity that is directly related to the recovery of minerals. (2) Recovery does not include the recovery of minerals from the subsoil of coastal waters that is carried out by way of underground mining from land in the State if that exploration is carried out under the Mineral Resources Act 1989. 25 Tenure holder (1) A reference to the holder of a tenure or the tenure holder is a reference to the person whose name is entered in the offshore mining register as the person who holds the tenure. Note 1— This Act is based upon the grant and registration of tenures. Note 2— If a tenure is granted to a person, that person's name is entered in the register (see section 333). Note 3— The entry in the register about a tenure will be varied if there is a change in the holder of the tenure (see section 338(4)). (2) A tenure may be held by more than 1 person. 26 Associates (1) The following are the associates of a tenure holder— (a) associated contractors of the holder; (b) associated agents of the holder; (c) associated agents of associated contractors; (d) associated employees of the holder; (e) associated employees of associated contractors. (2) A person is an associated contractor of the holder if— (a) the person enters into an agreement with the holder for carrying out activities under the tenure; or (b) the person enters into an agreement with a person who is an associated contractor under paragraph (a) or this paragraph for carrying out activities under the tenure. (3) A person is an associated agent of the holder if the person is the agent of, or acts on behalf of, the holder in relation to carrying out activities under the tenure. (4) A person is an associated agent of an associated contractor if the person is the agent of, or acts on behalf of, the associated contractor in relation to carrying out activities under the tenure. (5) A person is an associated employee of the holder if the person is employed by the holder and, in the course of that employment, carries out activities under the tenure. (6) A person is an associated employee of an associated contractor if the person is employed by the associated contractor and, in the course of that employment, carries out activities under the tenure. 27 Confidential information (1) Information is confidential information if— (a) a tenure holder has given it to the Minister; and (b) it is in a record, return, report or document; and (c) it relates to activities authorised by the tenure; and (d) it relates to an area of the seabed or subsoil that is covered by the tenure or a successor tenure to the tenure. (2) However, if— (a) a person is required to give the Minister a report about particular sub-blocks; and (b) the person gives the Minister a report that relates not only to those sub-blocks but also to other sub-blocks; and (c) the Minister is required to make the report available under section 376; the information that relates to those other sub-blocks is not confidential information. 28 Confidential sample A sample is a confidential sample if— (a) a tenure holder has given it to the Minister; and (b) it was recovered in the course of activities authorised by the tenure; and (c) it was recovered from an area of the seabed or subsoil that is covered by the tenure or a successor tenure to the tenure. Part 1.3 Administration of the Commonwealth–State offshore area 29 Definitions In this part— Commonwealth–State offshore area means the Commonwealth–State offshore area for the State under the Commonwealth Act, section 13. Editor's note— The diagram in schedule 3 illustrates the Commonwealth–State offshore area. 30 Minister as member of Joint Authority, or as Designated Authority (1) The Minister may perform any function that the Minister has under the Commonwealth Act or an associated revenue Act— (a) as a member of the Joint Authority for the Commonwealth–State offshore area provided for by the Commonwealth Act, section 32(2); or (b) as the Designated Authority for that area provided for by the Commonwealth Act, section 29(2). (2) The Minister must perform any such function that the Minister is required to perform by the Commonwealth Act or an associated revenue Act. 31 State officer acting under delegation An officer of the public service to whom a delegation is made under the Commonwealth Act, section 419 may perform any function that the officer has under that delegation and must perform any such function that the officer is required to perform under the Commonwealth Act. 32–34 Section numbers not used See note 2 to section 3(1). Part 1.4 Application of this Act 35 Act does not apply to exploration for or recovery of petroleum This Act does not apply to the exploration for or recovery of petroleum. Note 1— Offshore petroleum exploration and mining are regulated by the Petroleum (Submerged Lands) Act 1967 (Cwlth) and the Petroleum (Submerged Lands) Act 1982. Editor's note— For petroleum, see schedule 5 (Dictionary). 36 Section number not used See note 2 to section 3(1). 37 Act applies to all individuals and corporations (1) This Act applies to all individuals, including— (a) individuals who are not Australian citizens; and (b) individuals who are not resident in Queensland. (2) This Act applies to all corporations, including— (a) corporations that are not incorporated in Queensland; and (b) corporations that do not carry on business in Queensland; and (c) a company that, under the Corporations Act, is taken to be registered other than in Queensland. Editor's note— The Penalties and Sentences Act 1992, section 181B provides that the maximum fine for a corporation is 5 times the maximum fine for an individual. Chapter 2 Regulation of offshore exploration and mining Part 2.1 General 38 General prohibition on exploring and mining without appropriate authorisation A person must not— (a) explore for minerals in coastal waters; or (b) recover minerals from coastal waters; unless the exploration or recovery is authorised by a tenure or special purpose consent granted under this Act. Maximum penalty—400 penalty units. Notes— 1 A works licence may be necessary because exploration includes activities that are directly related to exploration (see section 23(1)) and recovery includes activities that are directly related to recovery (see section 24(1)). 2 This provision is an executive liability provision—see section 443. 39 Tenure and consents available under this Act This Act provides for the grant of— (a) exploration permits; and (b) mineral development licences; and (c) mining leases; and (d) works licences; and (e) special purpose consents. Note 1— An exploration permit is designed to cover the exploration phase of a project and authorises— • exploration; and • the recovery of mineral samples. Note 2— A mineral development licence is designed to ensure the retention of rights pending the transition of a project from the exploration phase to the commercial mining phase and authorises— • exploration; and • the recovery of minerals but not as part of a commercial mining operation. Note 3— A mining lease is designed to cover the commercial mining phase of a project and authorises— • exploration; and • full commercial recovery. Note 4— A project might make use of any of the following 3 tenure arrangements— • an exploration permit leading to a mining lease; • an exploration permit leading to a mineral development licence and then a mining lease; • a mining lease (without progressing through an exploration permit/mineral development licence stage). Note 5— A tenure is granted over a particular area (constituted by sub-blocks). The tenure holder may need to carry out engineering or other activities outside the tenure area. If so, the tenure holder or someone else must obtain a works licence to carry out those activities. Note 6— If a person wants to carry out— • a scientific investigation; or • a reconnaissance survey; or • the collection of only small amounts of minerals; in coastal waters, the person must obtain a special purpose consent under part 2.6 to carry out the activity. Note 7— Even though a person has a tenure or special purpose consent, the person must not interfere unnecessarily with navigation, native title, fishing, resource conservation or other activities in the area (see section 44). 40 Steps involved in the grant of a fully effective tenure (1) The following 3 steps must happen before a tenure comes into force— (a) provisional grant of the tenure; (b) proper acceptance of the grant; (c) registration of the grant. Note— See sections 88, 154, 232 and 286. (2) If a tenure is provisionally granted to a person, the person must do the following to properly accept the grant— (a) give the Minister a written acceptance; (b) lodge any security that the Minister has required; (c) pay the fee that is payable under section 425. Note— See sections 70, 84, 151, 214, 228 and 283. (3) The following 3 steps must occur before a renewal of a tenure comes into force— (a) provisional renewal of the tenure; (b) proper acceptance of the renewal; (c) registration of the renewal. Note— See sections 89, 155, 233 and 287. (4) If a tenure is provisionally renewed, the holder must do the following to properly accept the renewal— (a) give the Minister a written acceptance of the renewal; (b) lodge any security that the Minister has required; (c) pay the fee that is payable under section 425. Note— See sections 114, 173, 250 and 300. 41 Approval of form of applications etc. (1) The Minister may approve the form and the way in which the following are to be made— (a) applications for tenures over sub-blocks in coastal waters; (b) applications for the renewal of tenures over sub-blocks in coastal waters. (2) An approval under subsection (1) must be made in writing. 42 Rights to minerals recovered (1) Any minerals recovered by a tenure holder or special purpose consent holder from a sub-block covered by the tenure or consent become the property of the holder when they are recovered. (2) If the tenure or consent authorises the exploration for and the recovery of minerals only of a particular kind, subsection (1) only applies to the recovery of minerals of that kind. (3) Subsection (1) does not apply to the recovery of minerals by a works licence holder. (4) The minerals recovered are not subject to the rights of any other person. (5) Subsection (4) does not apply to rights that the tenure or consent holder transfers to the other person. 43 Effect of grant of tenure or special purpose consent on native title (1) The grant of a tenure or special purpose consent does not extinguish native title in the tenure or consent area. (2) While a tenure or special purpose consent is in force over an area, native title in the area is subject to the rights conferred by the tenure or consent. (3) If compensation is payable under the Native Title Act 1993 (Cwlth), section 23(4) in relation to the grant of a tenure or special purpose consent, the person who applied for the grant must, for section 23(5)(b) of that Act, pay the compensation. 44 Tenure etc. does not authorise unnecessary interference with other activities in the tenure area A person who carries out activities in coastal waters under a tenure or special purpose consent granted under this Act must not do so in a way that interferes with— (a) navigation; or (b) the exercise of native title rights and interests; or (c) fishing; or (d) the conservation of the resources of the sea or the seabed; or (e) any activities that someone else is lawfully carrying out; to a greater extent than is necessary for— (f) the reasonable exercise of the person's rights under the tenure or consent; or (g) the performance of the person's duties under the tenure or consent. Maximum penalty—134 penalty units. Example— The person referred to here might be the tenure or consent holder or might be an associated person. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 443A, to have also committed the offence. Part 2.2 Exploration permits Division 1 General 45 Exploration permits (1) This part provides for the grant of exploration permits over sub-blocks in coastal waters. (2) An exploration permit may be granted over a standard sub-block or over a tender sub-block. Note— A tender sub-block is a sub-block that has been declared available for tender. A standard sub-block is any sub-block that is not a reserved sub-block (see sections 19 and 20). Editor's note— See division 2 (Application for a grant of exploration permit over standard sub-blocks) or division 3 (Application for and grant of exploration permit over tender sub-block). 46 Activities authorised by an exploration permit (1) Subject to subsection (2), an exploration permit holder may— (a) explore for minerals in the tenure area; and (b) take samples of minerals in the tenure area. Note— Under section 23(1) the concept of exploration extends to activities that are directly related to exploration. (2) If the tenure is expressed to restrict the kind of minerals covered by the tenure, the holder is not permitted to explore for, or to take samples of, minerals not covered by the tenure. (3) A restriction on the kind of minerals covered by the tenure may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C). (4) For subsection (2), the holder does not take samples of an excluded mineral if, in the course of exploring for, or taking samples of, another mineral, the holder recovers some excluded mineral. 47 Minister may cancel or not renew exploration permit without compensation No compensation is payable because of the cancellation or non-renewal of an exploration permit by the Minister. Note 1— The Minister may cancel the tenure under section 130. Note 2— The Minister may refuse to renew the tenure under section 108. 48 Tenure rights may be suspended (1) The Minister must suspend particular rights conferred by an exploration permit if the Minister is satisfied that it is necessary in the public interest to do so. (2) The Minister may suspend rights under subsection (1) for a specified period or for an indefinite period. (3) The Minister may end a suspension at any time. (4) A suspension or the ending of a suspension must be in writing. (5) If the Minister— (a) suspends rights conferred by an exploration permit; or (b) ends a suspension; the Minister must give the tenure holder a notice that informs the holder of the suspension or the ending of the suspension. Note— See section 122 for the effect of the suspension on the obligations associated with the tenure. (6) A suspension takes effect when— (a) the holder has been given notice of the suspension under subsection (5); and (b) the suspension has been registered under section 337. 49 Compensation for acquisition of property due to suspension of rights (1) If— (a) the Minister suspends tenure rights under section 48; and (b) the suspension results in the acquisition of property from a person; and (c) the State and the person agree on an amount of compensation for the acquisition; the State must pay the person the agreed amount of compensation. (2) If— (a) the Minister suspends tenure rights under section 48; and (b) the suspension results in the acquisition of property from a person; and (c) the State and the person do not agree on an amount of compensation for the acquisition; and (d) the person brings an action for compensation against the State in the Wardens Court; the State must pay the person the amount of compensation (if any) that is decided by the court. (3) In this section— acquisition of property see the Commonwealth Constitution, section 51(xxxi). Division 2 Application for and grant of exploration permit over standard sub-blocks 50 Application for exploration permit over standard sub-block (1) A person may apply to the Minister for an exploration permit over a standard sub-block if— (a) the sub-block is vacant; and (b) the sub-block is not excluded. Note— For excluded sub-blocks see section 51. (2) A standard sub-block is vacant if no exploration permit, mineral development licence or mining lease is in force over the sub-block. (3) A person may apply for an exploration permit over a group of standard sub-blocks if— (a) the group forms a discrete area; and (b) there are not more than 500 sub-blocks in the group. Note— The Minister may, in certain circumstances, allow an application to be made for an exploration permit covering up to 3 discrete areas (see section 53). 51 Excluded sub-blocks (1) A sub-block is excluded if— (a) an exploration permit over the sub-block has been surrendered or cancelled; and (b) a period of 30 days after the day on which the tenure was surrendered or cancelled has not ended. (2) A sub-block is excluded for a particular applicant if— (a) the applicant previously applied for an exploration permit over the sub-block; and (b) the application was refused; and (c) a period of 6 months after the day on which the previous application was refused has not ended. (3) A sub-block is excluded for a particular applicant if— (a) the applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and (b) that previous tenure was surrendered or cancelled; and (c) a period of 6 months after the day on which the previous tenure was surrendered or cancelled has not ended. (4) A sub-block is excluded for a particular applicant if— (a) the applicant was previously the holder of an exploration permit, mineral development licence or mining lease over the sub-block; and (b) the holder was— (i) required by the tenure conditions; or (ii) given a direction under section 387 or 392; to provide the Minister with information; and (c) the holder provided the information; and (d) the holder surrendered the tenure; and (e) a period of 6 months from the day on which the holder provided the information has not ended. 52 Minister may decide that excluded sub-block is available (1) A person who wants to apply for an exploration permit over a sub-block that is excluded may apply to the Minister for a decision under subsection (2). (2) The Minister may decide that the person may apply for the tenure over the sub-block despite section 51. (3) The decision must be made in writing. 53 Minister may allow application for more than one discrete area (1) If— (a) a person (the first applicant) applies for an exploration permit; and (b) another person (the second applicant) subsequently applies for an exploration permit for a group of sub-blocks that includes a sub-block covered by the application made by the first applicant; and (c) an exploration permit is then granted to the first applicant; and (d) as a result of the grant, the sub-blocks for which the second applicant can be granted an exploration permit no longer form a discrete area; the second applicant may apply to the Minister for approval for the application to proceed even though the sub-blocks it covers no longer form a discrete area. Note— See also section 59. (2) Subject to subsection (3), the Minister may approve the application proceeding even though the sub-blocks that the application covers do not form a discrete area. (3) The Minister may give an approval under subsection (2) only if the sub-blocks covered by the application form not more than 3 discrete areas. 54 How to apply (1) The application must— (a) be made in accordance with the approved form; and (b) be made in the approved way; and (c) specify the sub-blocks for which the application is made; and (d) include details of— (i) the activities that the applicant intends to carry out on the sub-block or sub-blocks covered by the application; and (ii) the amount of money that the applicant intends to spend on those activities; and (iii) the technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the tenure; and (iv) the technical advice available to the applicant; and (v) the financial resources available to the applicant; and (vi) if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and (e) be accompanied by maps that— (i) relate to the sub-blocks; and (ii) comply with the regulations; and (f) specify an address for service of notices under this Act and the regulations. Note 1— For paragraphs (a) and (b) see section 41. Note 2— Paragraph (c): the Minister may, after consulting the applicant, vary the sub-blocks applied for (see section 59). (2) The applicant may include in the application any other information that the applicant considers relevant. 55 Effect of inclusion of unavailable sub-block in application If— (a) a person applies for a tenure over a group of standard sub-blocks; and (b) because of section 18, 50 or 51, an exploration permit can not be granted over 1 or more of the sub-blocks in the group; the Minister may still deal with the application to the extent to which the application covers sub-blocks for which an exploration permit can be granted. Note— An exploration permit can not be granted over a sub-block that is not vacant or is excluded (see sections 50 and 51) or over a reserved sub-block (see section 18). 56 Payment of fee (1) The applicant must pay the application fee prescribed under a regulation. (2) The fee must be paid when the application is made. (3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee. 57 Application must be advertised (1) The applicant must advertise the application in a newspaper circulating throughout the State. (2) The advertisement must contain— (a) the applicant's name and address; and (b) a map and description of the sub-blocks applied for that are sufficient for the sub-blocks to be identified; and (c) the address of the Minister; and (d) a statement that— (i) the applicant has applied for an exploration permit over the sub-blocks described in the notice; and (ii) invites comment from the public on the application; and (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published. (3) The advertisement must be published— (a) as soon as possible after the applicant makes the application; and (b) in any case, subject to subsection (4), within 14 days after the day on which the applicant makes the application. (4) If— (a) the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and (b) the Minister extends the period; the advertisement must be published within the period as extended by the Minister. 58 How multiple applications are dealt with (1) Subject to subsection (2), if a sub-block is covered by 2 or more applications for an exploration or mining lease, the Minister must deal with the applications in the order in which they are made. Editor's note— See also section 203 (How multiple applications are dealt with). (2) If— (a) the applications are lodged within a particular time of each other; and (b) the time is less than the time prescribed under a regulation; the Minister must decide the order in which the applications are to be dealt with by drawing lots in the way prescribed under a regulation. 59 Discussions about sub-blocks applied for (1) The Minister may ask the applicant to discuss with the Minister the sub-blocks covered by the application. (2) The request under subsection (1) must be— (a) made in writing; and (b) given to the applicant. (3) If, after discussions, the Minister and the applicant agree on the sub-blocks to be covered by the application, the applicant is taken to have applied for an exploration permit over the sub-blocks agreed on. (4) The Minister must give the applicant written confirmation of the agreement as soon as possible after the agreement is reached. (5) The Minister may include in the written confirmation a direction that the applicant must advertise the revised application under section 60. (6) If the Minister and the applicant do not agree on the sub-blocks to be covered by the application— (a) the Minister may make a written decision specifying the sub-blocks to be covered by the application; and (b) the applicant is taken to have applied for an exploration permit over the sub-blocks specified in the decision. (7) The Minister may include in the written decision a direction that the applicant must advertise the revised application under section 60. (8) If the Minister makes a decision under subsection (6), the Minister must give a copy of the decision to the applicant as soon as possible after the decision is made. 60 Advertising revised application (1) If— (a) the application has been revised under section 59; and (b) the applicant has been given a direction under section 59(5) or (7); the applicant must advertise the revised application in a newspaper circulating throughout the State. (2) The advertisement must contain— (a) the applicant's name and address; and (b) a map and description of the sub-blocks covered by the revised application that are sufficient for the sub-blocks to be identified; and (c) the address of the Minister; and (d) a statement that— (i) the applicant has applied for an exploration permit over the sub-blocks described in the notice; and (ii) invites comment from the public on the application; and (iii) requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published. (3) The advertisement must be published— (a) if the Minister and the applicant agree on the sub-blocks applied for under subsection 59(3)—as soon as possible after the applicant is given written confirmation of the agreement under section 59(4); or (b) if the Minister makes a decision about the sub-blocks applied for under section 59(6)—as soon as possible after the applicant is given a copy of the decision under section 59(8); but in any case, subject to subsection (4), within 14 days after the applicant is given the confirmation or copy. (4) If— (a) the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and (b) the Minister extends the period; the advertisement must be published within the period as extended by the Minister. 61 Request for further information (1) The Minister may ask the applicant for further information about the application. (2) The request must— (a) be in writing; and (b) be given to the applicant; and (c) specify the time within which the information must be provided. (3) Information requested under subsection (1) must be provided— (a) in writing; and (b) within the time specified in the request. 62 Section number not used See note 2 to section 3(1). 63 Minister may provisionally grant tenure If the applicant does what is required by sections 54 to 61, the Minister may— (a) provisionally grant an exploration permit to the applicant; or (b) refuse the application. Note— Under section 88, the grant of the tenure can not be effective before it is registered (see section 333 for registration). The grant will not be registered until it has been properly accepted (see section 70 for proper acceptance). 64 Section number not used See note 2 to section 3(1). 65 Matters to be specified in the tenure The tenure must specify— (a) the sub-blocks covered by the tenure; and (b) the term of the tenure; and (c) the tenure conditions. Note— For the term of a tenure see section 18. 66 Applicant must be notified (1) The Minister must give the applicant notice of a decision under section 63. (2) If the Minister provisionally grants an exploration permit— (a) the Minister must give the tenure to the provisional holder; and (b) the notice under subsection (1) must contain notification— (i) of any decision under section 399 that the provisional holder must lodge a security; and (ii) that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period— (A) gives the Minister a written acceptance of the grant; and (B) lodges any security required under section 399; and (C) pays the fee that must be paid for the tenure under section 425. 67 Amendment of conditions (1) If the provisional holder is dissatisfied with the tenure conditions, the provisional holder may ask the Minister to amend the conditions. (2) The request must be made within 30 days after the day on which the provisional holder is given the tenure under section 66. (3) If a request is made under subsection (1), the Minister may amend the tenure conditions as requested and, with the consent of the provisional holder, otherwise amend the conditions. (4) The Minister must give the provisional holder notice of a decision under this section. 68 Amendment of security requirements (1) If the provisional holder— (a) is notified of a security requirement; and (b) is dissatisfied with the amount of the security required; the provisional holder may ask the Minister to make a new decision under section 399. (2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 66. (3) If a request is made under subsection (1), the Minister may make a new decision under section 399. (4) The Minister must give the provisional holder notice of the new decision. 69 Extension of primary payment period (1) If the provisional holder makes a request under section 67 or 68, the provisional holder may ask the Minister to extend the primary payment period. (2) The request must be made within 30 days after the day on which the provisional holder is given notice under section 66. (3) If the Minister agrees to the request, the Minister must— (a) decide the period of the extension; and (b) give the provisional holder a notice of the period of the extension. 70 Acceptance of grant of exploration permit for standard sub-block (1) The provisional grant of the exploration permit is properly accepted by the provisional holder if, before the required time, the provisional holder— (a) gives the Minister a written acceptance of the grant; and (b) lodges any security required under section 399; and (c) pays the fee that must be paid for the tenure under section 425. (2) The required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 69, the end of the secondary payment period. Note— Under section 88, the grant of the tenure can not be effective before it is registered (see section 333 for registration). 71 Conditions applicable to tenure on grant If the provisional grant of the tenure is properly accepted under section 70, it is subject to— (a) the conditions specified in the tenure given to the applicant under section 66; or (b) if the Minister amended those conditions under section 67—those conditions as amended. 72 Lapse of provisional grant of exploration permit If the provisional grant of the tenure is not properly accepted under section 70, the provisional grant lapses. Division 3 Application for and grant of exploration permit over tender sub-block 73 Matters to be decided before applications for exploration permit over tender sub-blocks invited If the Minister proposes to invite applications for the grant of an exploration permit over reserved sub-blocks, the Minister must, before inviting the applications, decide— (a) the procedure and criteria that the Minister will adopt to allocate the tenure; and (b) the amount of security that will be required for the tenure under section 399; and (c) the tenure conditions. 74 Minister may invite applications for exploration permit over tender sub-blocks (1) Subject to subsection (2), the Minister may invite applications for the grant of an exploration permit over reserved sub-blocks. (2) Applications may be invited for a tenure covering a group of reserved sub-blocks only if the group forms a discrete area. (3) The Minister is to invite applications by publishing a tender sub-block tenure notice for the tenure in the gazette. 75 Tender sub-block tenure notice—exploration permit (1) A tender sub-block tenure notice for an exploration permit must— (a) specify the sub-blocks to be covered by the tenure; and (b) specify the period within which applications may be made; and (c) specify the procedure and criteria that the Minister will adopt to allocate the tenure; and (d) specify the amount of security that the successful applicant will be required to lodge; and (e) include a statement to the effect that information about— (i) the security that the successful applicant will be required to lodge; and (ii) the tenure conditions; may be obtained from the Minister. (2) Without limiting subsection (1)(c), the Minister may, for that paragraph, specify that the tender will be decided on the basis of either or both of the following— (a) the nature and extent of the exploration activity proposed to be carried out; (b) the amount of money offered for the tenure. (3) The tender sub-block tenure notice may specify not more than 500 sub-blocks for the exploration permit. 76 Application for exploration permit over tender sub-blocks If a tender sub-block tenure notice has been published inviting applications for an exploration permit, a person may apply to the Minister for the tenure. 77 How to apply (1) The application must— (a) be made in accordance with the approved form; and (b) be made in the approved way; and (c) be made before the end of the period specified in the tender sub-block tenure notice; and (d) address the criteria specified under section 75(1)(c); and (e) include details of— (i) the technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the tenure; and (ii) the technical advice available to the applicant; and (iii) the financial resources available to the applicant; and (iv) if the tenure is to be held by more than 1 person—the share in the tenure that each prospective holder will hold; and (e) specify an address for service of notices under this Act and the regulations. Note— For paragraphs (a) and (b) see section 41. (2) The applicant may include in the application any other information that the applicant considers relevant. 78 Payment of fee (1) The applicant must pay the application fee prescribed under a regulation. (2) The fee must be paid when the application is made. (3) The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee. 79 Request for further information (1) The Minister may ask the applicant for further information about the application. (2) The request must— (a) be in writing; and (b) be given to the applicant; and (c) specify the time within which the information must be provided. (3) Information requested under subsection (1) must be provided— (a) in writing; and (b) within the time specified in the request. 80 Section number not used See note 2 to section 3(1). 81 Minister may provisionally grant tenure (1) The Minister may provisionally grant an exploration permit to an applicant who has done what is required by sections 77 to 79. (2) When provisionally granting a tenure under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 74. (3) If the Minister refuses to grant a tenure under subsection (1), the Minister must give the applicant notice of the refusal. 82 Section number not used See note 2 to section 3(1). 83 Successful applicant must be notified (1) If the Minister provisionally grants an exploration permit under section 81 or 87, the Minister must give the provisional holder— (a) the tenure; and (b) notice that the provisional grant will lapse unless the provisional holder, within 30 days after the day on which the notice is given— (i) gives the Minister a written acceptance of the grant; and (ii) lodges any security required under section 399; and (iii) pays the fee that must be paid for the tenure under section 425; and (iv) if the tender is decided on the basis of the amounts of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77(1)(d). (2) The tenure must specify— (a) the sub-blocks covered by the tenure; and (b) the term of the tenure; and (c) the tenure conditions. Editor's note— See section 88 (Initial term of exploration permit). 84 Acceptance of grant of exploration permit over tender sub-blocks The provisional grant of an exploration permit is properly accepted by the provisional holder if, within 30 days after the day on which the provisional holder is given notice under section 83, the provisional holder— (a) gives the Minister a written acceptance of the grant; and (b) lodges any security required under section 399; and (c) pays the fee that must be paid for the tenure under section 425; and (d) if the tender is decided on the basis of the amount of money offered for the tenure—pays to the Minister the amount that the provisional holder offered for the tenure under section 77(1)(d). Note— Under section 88, the grant of the tenure can not be effective before it is registered (see section 333 for registration). 85 Conditions applicable to tenure on grant If the provisional grant of the tenure is properly accepted, the tenure is subject to the conditions decided under section 73. 86 Lapse of provisional grant of exploration permit If the provisional grant of the tenure is not properly accepted under section 84, the provisional grant lapses. 87 Provisional grant to next applicant if grant lapses (1) If the provisional grant of the tenure lapses under section 86, the Minister may provisionally grant the tenure to another of the applicants for the tenure. (2) When provisionally granting a tenure under subsection (1), the Minister must follow the procedure and apply the criteria specified in the tender sub-block tenure notice published for the tenure under section 74. Division 4 Duration of exploration permit 88 Initial term of exploration permit (1) An exploration permit comes into force on— (a) the day on which the grant of the tenure is registered; or (b) if a day later than the day on which the grant of the tenure is registered is specified in the tenure as its commencement day—that specified day. (2) The initial term of an exploration permit ends— (a) 4 years after the day on which the tenure is provisionally granted; or (b) if a day later than the day on which the tenure is provisionally granted is specified in the tenure as its commencement day—4 years after that specified day. Note— The tenure may be surrendered at any time (see section 127). 89 Term of renewal of exploration permit (1) A renewal of an exploration permit comes into force on the later of the following days— (a) the day on which the renewal is registered; (b) the day on which the previous term of the tenure expires. Note— See division 6 for renewal. (2) The term of a renewal of a tenure ends 2 years after the day on which the previous term of the tenure expires. Note— The tenure may be surrendered at any time (see section 127). (3) In working out the previous term of the tenure, section 90 must be disregarded. (4) An exploration permit can not be renewed more than 3 times. 90 Effect of suspension of rights on term of exploration permit (1) If the Minister suspends rights conferred by an exploration permit for a specified period under section 48, the Minister may extend the term of the tenure. (2) An extension of a tenure term under subsection (1)— (a) must not be for a period that is longer than the period for which the tenure rights were suspended; and (b) must be in writing. (3) If the Minister extends the term of a tenure under subsection (1), the Minister must give the tenure holder a notice that informs the holder— (a) that the tenure has been extended; and (b) of the period of the extension. 91 Effect of application for renewal on term of exploration permit If— (a) an exploration permit holder applies to renew the tenure under section 101; and (b) the current term of the tenure expires; and (c) a renewal of the tenure does not take effect immediately after the current term expires; the tenure remains in force after the current term expires until— (d) a renewal of the tenure takes effect; or (e) a provisional renewal of the tenure lapses; or (f) the application for renewal is withdrawn or refused. 92 Effect of application for mineral development licence or mining lease on term of exploration permit If— (a) an exploration permit holder applies for— (i) a mineral development licence; or (ii) a mining lease; over the tenure area, or part of the tenure area, of the exploration permit; and (b) the current term of the exploration permit expires; and (c) a grant of the mineral development licence or mining lease does not take effect before the current term of the exploration permit expires; the exploration permit remains in force until— (d) the grant of the mineral development licence or mining lease takes effect; or (e) a provisional grant of the mineral development licence or mining lease lapses; or (f) the application for the mineral development licence or mining lease is withdrawn or refused. 93 Effect of application for extension on term of tenure (1) If— (a) an exploration permit holder applies for an extension of the term of the tenure under section 94 or 96; and (b) the holder has also applied to renew the tenure under section 101; and (c) the extension application is not decided before the tenure is due to expire; then— (d) the renewal application lapses; and (e) the tenure remains in force until— (i) if the Minister extends the term of the tenure under section 95 or 97 for a specified period—30 days after the day on which that period ends; or (ii) if the Minister refuses to extend the term of the tenure under section 95 or 97—30 days after the day on which the holder is given notice of the refusal under section 98. 94 Extension of tenure—activities disrupted (1) If— (a) an exploration permit authorises the tenure holder to carry out an activity; and (b) circumstances beyond the control of the holder prevent the holder from carrying out the activity; the holder may apply to the Minister for an extension of the term of the tenure. (2) The application must be made— (a) within 30 days after the day on which the holder first became aware of the circumstances; and (b) before the tenure expires. 95 Grant of tenure extension—activities disrupted (1) Subject to subsection (2), if an exploration permit holder applies for an extension under section 94, the Minister must— (a) grant an extension of the term of the tenure if the Minister is satisfied that— (i) the holder is or has been unable to carry out the activities authorised by the tenure; and (ii) the holder is or has been unable to do so because of circumstances beyond the holder's control; and (iii) no excluded time is included in the period of inability for which an extension is sought; or (b) refuse the application for extension if the Minister is not satisfied of the matters referred to in paragraph (a). (2) The period for which the extension is granted must not be longer than the disruption period for the tenure less any excluded time for the tenure. (3) The extension may be granted subject to whatever conditions the Minister considers appropriate. (4) In this section— disruption period for a tenure means the period during which the tenure holder is unable to carry out activities authorised by the tenure because of circumstances beyond the holder's control. excluded time for a tenure means any period during which the tenure was in force because of section 90, 91, 92 or 93. Note— Under section 90, if the Minister has under section 48 suspended rights under a tenure for a period, the Minister may extend the term of the tenure for an equivalent period. Under section 91, the term of a tenure is automatically extended if there is an application for the renewal of a tenure undecided when the tenure is due to expire. Under section 92, the term of a tenure is automatically extended if the holder applies for a mineral development licence or mining lease over the tenure area. Under sect