Tasmania: Mineral Resources Development Act 1995 (Tas)

Mineral Resources Development Act 1995 An Act to provide for the development of mineral resources consistent with sound economic, environmental and land use management and to repeal the Mining Act 1929 [Royal Assent 8 December 1995] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Mineral Resources Development Act 1995 . 2. Commencement This Act commences on a day or days to be proclaimed. 3. Interpretation In this Act – Agency means – (a) in relation to Tasmania, Agency as defined in the State Service Act 2000 ; or (b) in relation to the Commonwealth, a department, authority or agency of the Commonwealth government; approved means approved by the Director; atomic substance means – (a) uranium; and (b) thorium; and (c) any other substance declared to be an atomic substance under section 200 ; Category 1 mineral means any – (a) metallic mineral; and (b) atomic substance; Category 2 mineral means coal, peat, lignite, oil shale and coal seam gas; Category 3 mineral means any rock, stone, gravel, sand and clay used in construction, bricks and ceramics; Category 4 mineral means any petroleum products except oil shale; Category 5 mineral means any – (a) industrial mineral; and (b) prescribed precious stone; and (c) prescribed semi-precious stone; Category 6 mineral means any geothermal substance; coal seam gas means the gas known as coal bed methane and includes any naturally occurring hydrocarbon, or mixture of hydrocarbons, that is within a deposit of coal or oil shale; Code of practice means an approved Code of practice; compensable loss means – (a) damage to the surface of the land; or (b) damage to crops, trees, grasses, fruit, vegetables or other vegetation on the land; or (c) damage to buildings, structures or works on the land; or (d) damage to any improvement on the land; or (e) loss of opportunity to make any planned improvement on the land; or (f) deprivation of possession or use of the whole or part of the surface of the land; or (g) severance of the land from other land of the owner or occupier of that land; or (h) destruction or loss of, or injury to, disturbance of, or interference with, stock; or (i) loss of amenity, including recreation and conservation values; or (j) any decrease in the market values of the owner's or occupier's interest in the land; or (k) surface rights of way and easements; compensation agreement means an agreement referred to in Part 8 ; consolidated mining lease means a lease in force under Part 4 ; Crown land means any land vested in the Crown; Crown lessee means the holder of a Crown lease; Crown lease means a lease in force under the Crown Lands Act 1976 or the Forest Management Act 2013 ; Crown licence means a licence in force under the Crown Lands Act 1976 ; Crown licensee means the holder of a Crown licence; development plan, in relation to a geothermal production licence, means a plan of development that is approved in relation to the licence; Director means the Director of Mines appointed under section 8 ; environment means components of the earth, including – (a) land, air and water; and (b) any organic matter and inorganic matter and any living organism; and (c) human-made or human-modified structures and areas – and includes interacting natural ecosystems that include components referred to in paragraphs (a) , (b) and (c) ; exploration licence means a licence in force under Part 2 ; explore means to determine the existence, quality and quantity of minerals for the purpose of commercial exploitation by – (a) conducting geological, geophysical, geobotanical and geochemical surveys; or (b) drilling; or (c) taking samples for the purpose of chemical or other analysis; or (d) using appropriate instruments, equipment and techniques; or (e) extracting and removing from land material, mineral or other substances for sampling and testing; or (f) carrying out any other activity approved for the purposes of this paragraph by the Minister; field development plan, in relation to a petroleum production licence, means a plan of field development that is approved in relation to the licence; forest road has the same meaning as in the Forest Management Act 2013 ; forestry right has the same meaning as in the Forestry Rights Registration Act 1990 ; fossick means to search for minerals for a purpose other than for commercial gain to a depth of 2 metres by – (a) digging by hand; or (b) using hand held instruments; fossil means any remains, trace or imprint of a plant or animal that is preserved by normal processes in the earth's crust; gas means any naturally occurring hydrogen, hydrogen sulphide, nitrogen, helium or carbon dioxide; geology means the geosciences; geoscientific means relating to geology, geochemistry, geophysics, mineralogy and palaeontology; Geoscientific Trust Fund means the Geoscientific Investigation and Research Trust Fund established under Part 9 ; geothermal energy means thermal energy that was contained in subsurface rock or other subterranean substances; geothermal production licence means a geothermal production licence in force under Part 3A ; geothermal reservoir means part of a geological structure, including such a structure that has been modified by human activity, which part is suitable for the transmission of a geothermal substance; geothermal resource, in relation to a geothermal production licence, means the amount, determined in accordance with an approved method by the person who holds or has applied for the licence, of geothermal energy that may be produced from geothermal substances within the area of land to which the licence relates or is to relate; geothermal substance means a substance occurring naturally or introduced underground which is heated by the natural processes of the earth to a temperature in excess of 40° Celsius; group prospecting licence means a group prospecting licence in force under Part 5 ; industrial mineral means any mineral prescribed as an industrial mineral; inspector means an inspector appointed under section 8 ; land includes – (a) land within the beds or banks of any stream and watercourse; and (b) land beneath the internal waters of Tasmania; and (c) the sea bed; and (d) waters in, upon or above land; and (e) stratum of land; lease means a mining lease in force under Part 4 ; lease area means an area of land which is subject to a lease; lessee means the holder of a lease; licence means – (a) in Part 2 , an exploration licence in force under that Part; and (ab) in Part 2A , a special exploration licence in force under that Part; and (b) in Part 3 , a retention licence in force under that Part; and (ba) in Part 3A , a production licence in force under that Part; and (c) in Part 5 , a prospecting licence and a group prospecting licence, in force under that Part; and (d) in any other Part, any licence in force under this Act; licence area means an area of land which is subject to an exploration licence, a special exploration licence, a production licence or a retention licence; licensee means – (a) in Part 2 , the holder of an exploration licence; and (ab) in Part 2A , the holder of a special exploration licence; and (b) in Part 3 , the holder of a retention licence; and (ba) in Part 3A , the holder of a production licence; and (c) in Part 5 , the holder of a prospecting licence or group prospecting licence; and (d) in any other Part, the holder of any licence in force under this Act; Magistrates Court (Civil Division) means the division of the Magistrates Court established under section 4 of the Magistrates Court (Civil Division) Act 1992 ; metallic mineral means any mineral prescribed as a metallic mineral; mine means any place where mining is being carried out; mineral means any metallic mineral, non-metallic mineral, industrial mineral, inorganic substance, coal, oil, gas, petroleum, geothermal substance, atomic substance and matter forming part of the crust of the earth, other than– (a) the subsoil; or (b) the layer of soil sustaining vegetation; or (c) any rock, crushed stone, gravel, sand or clay produced on private land for the private use of the owner; or (d) mineral water; or (e) any mineral produced as a by-product of a mining operation and stored as a waste product on a lease area and not sold or otherwise disposed of to another person; Mineral Exploration Code of Practice means the Code of practice of that name approved from time to time under section 204 ; mineral tenement means a licence or lease other than a prospecting licence or a group prospecting licence; mining means any operation or work, other than fossicking or prospecting, carried out to obtain minerals; mining lease means a mining lease in force under Part 4 ; mining operations means any operations or work carried out on a lease area – (a) to obtain or treat minerals; or (b) to store or contain minerals or waste material generated by mining on that lease area or another lease area; or (c) associated with mining – and includes production activities in relation to a Category 4 mineral or a Category 6 mineral; mining plan, in relation to a lease or an application for a lease, means a plan that sets out information required by the Director including, but not limited to including, the following: (a) the name of the minerals, or category of minerals, to which the lease or application relates; (b) the site plan, which is to include – (i) the means by which access to the area of land comprised in the lease is to be obtained; and (ii) the infrastructure proposed to be situated on the area of land comprised in the lease; and (iii) surface hydrology for the area of land comprised in the lease; and (iv) other matters related to activities under the lease; (c) the proposals for treatment of, transport of, handling of, and storage of, waste from – (i) minerals obtained under the lease; or (ii) the substances from which minerals are to be obtained under the lease; (d) the requirements for water to be used in mining operations under the lease; (e) the proposed stages of development under the lease and of any proposed rehabilitation of land in the area of land comprised in the lease; (f) the provision to be made in relation to closure of the mine on the lease area after mining under the lease ceases; (g) a description of the potential geological and environmental risks associated with mining operations under the lease; mining product means any mineral obtained by mining; Mining Tribunal means the Mining Tribunal established under Part 7 ; native title means an approved determination of native title under the Native Title Act 1993 of the Commonwealth the details of which are recorded in the National Native Title Register under that Act; occupier, in relation to land, means a person in lawful possession of the land; oil means any natural gas, solid bitumen and mineral oil obtainable by a well other than – (a) mineral oil extractable by the application of heat or chemical process; and (b) helium or hydrogen; and (c) coal seam gas; oil shale means shale containing fossilised insoluble organic matter which will yield liquid or gaseous hydrocarbons on distillation; owner includes – (a) the holder of any Crown land under a contract of sale and purchase; and (b) the holder of native title to any land; person includes an Agency; petroleum means any – (a) naturally occurring hydrocarbon or mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or (b) mixture of one or more such hydrocarbons and gas – but does not include coal seam gas; petroleum production licence means a petroleum production licence in force under Part 3A ; petroleum reservoir means part of a geological structure (including such a structure that has been modified by human activity) – (a) in which gas or petroleum has accumulated; and (b) that is suitable for the storage and transmission of gas or petroleum; petroleum resource, in relation to a petroleum production licence, means an amount, determined in an approved manner by the person who holds or has applied for the licence, of petroleum contained in a petroleum reservoir to which the licence relates or is to relate; plan of development, in relation to an application for a geothermal production licence, means a plan that sets out information required by the Director in relation to – (a) the geothermal resource to which the licence is to relate; and (b) how access to geothermal substances is to be obtained under the licence; and (c) how geothermal energy that is produced under the licence is to be used; and (d) how geothermal resources are to be managed under the licence; and (e) how geothermal reservoirs are to be managed under the licence; and (f) any other matter the Director thinks fit; plan of field development, in relation to an application for a petroleum production licence, means a plan that sets out information required by the Director in relation to – (a) the petroleum resources to which the licence is to relate; and (b) how access to the petroleum resources is to be obtained under the licence; and (c) how the petroleum resources are to be managed under the licence; and (d) how petroleum reservoirs are to be managed under the licence; and (e) any other matter, in relation to production activities under the licence, that the Director thinks fit; private land means any land that is not Crown land; produced – (a) in relation to geothermal energy – see section 3A(2) ; and (b) in relation to petroleum – see section 3B(4) ; production activities – see section 3B ; production licence means a petroleum production licence or a geothermal production licence; prospect means to explore for minerals to a depth of less than 2 metres below the surface of the earth or of any pre-existing excavation by means of a hand held instrument; prospecting licence means a prospecting licence in force under Part 5 ; public land means – (a) any Crown land; and (b) any land vested in a body or authority established under a law of the State for a public purpose; and (c) any land vested in a body corporate in which the Crown has a controlling interest; public purpose means a purpose for the benefit of the public in general; public reserve means any land reserved for a public purpose; quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year; record includes any document, financial statement or plan stored or maintained by any means; register means the mining register kept under Division 5 of Part 10 ; Registrar means the Registrar of Mines appointed under section 8 ; Rehabilitation Trust Fund means the Rehabilitation of Mining Lands Trust Fund continued under Division 4 of Part 10 ; relevant period means the period starting when an improvement on land was made and ending when the damage to the improvement occurred; retention licence means a licence in force under Part 3 ; reporting guidelines means guidelines issued under section 204A for the preparation of mineral tenement reports and returns by licensees or lessees; security deposit means a cash deposit or any other form of security the Minister determines to – (a) cover any damage to private property; or (b) cover failure to meet work program or licence commitments; or (c) provide funds to mitigate any damage to the environment during mining operations or exploration; sell includes – (a) offer or agree to sell; and (b) keep or have in possession for sale; and (c) dispose of; and (d) barter or exchange; and (e) transfer; and (f) expose for sale; and (g) send, deliver or receive for sale; and (h) cause or permit to be sold; special exploration licence means a licence in force under Part 2A ; speleothem means a formation formed within a cave which is – (a) a mineral; or (b) a precipitate; or (c) an accumulation of non-precipitate material; State forest means permanent timber production zone land within the meaning of the Forest Management Act 2013 ; stone means – (a) sandstone, freestone and other building stone; and (b) basalt, dolerite, granite, slate, limestone and rock of a kind ordinarily used for building or construction purposes; and (c) quartz, other than quartz crystals; and (d) slate and gravel; and (e) pipeclay and clay, other than fireclay, bentonite or kaolin; and (f) sand and soil; and (fa) limestone and dolomite used for agricultural purposes; and (g) other similar materials; stratum of land means a specific part of land of any shape below or on the surface of land; work program means an approved program of work. 3A. Meaning of obtaining minerals, and produced, in relation to geothermal energy (1) A reference in this Act to obtaining minerals includes a reference to producing geothermal energy. (2) For the purposes of this Act, geothermal energy is produced when the energy reaches the surface of the earth as a result of production activities. 3B. Meaning of production and of production activities (1) In this Act, production activities, in relation to a Category 4 mineral, means – (a) the carrying out of an activity to release, or recover, petroleum from a petroleum reservoir in which it is contained and the execution of the works necessary to carry out that activity; and (b) the injection of petroleum, carbon dioxide, water or some other product into a petroleum reservoir; and (c) any other kind of activity that is prescribed by the regulations to be a production activity in relation to a Category 4 mineral. (2) In this Act, production activities, in relation to a Category 6 mineral, means – (a) the carrying out of an activity to produce geothermal energy relating to the mineral and the carrying out of the activities, and the execution of the works, necessary for that purpose; and (b) the injection of water, or another substance, into a geothermal reservoir; and (c) any other kind of activity that is prescribed by the regulations to be a production activity in relation to a Category 6 mineral. (3) In this Act, production activities, in relation to a Category 4 mineral or a Category 6 mineral, does not include producing petroleum or geothermal energy as a by-product of mining operations for the purpose of obtaining any other mineral. (4) For the purposes of this Act, a Category 4 mineral is produced when it reaches the surface of the earth. 4. Act binds Crown This Act binds the Crown in the right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. 5. Application of Act (1) Subject to this section, this Act applies to all land and minerals in the State. (2) Subject to subsection (3) , this Act does not apply to the surface, or within 15 metres below the surface, of any land which is set apart or dedicated for any public purpose, other than as – (a) a public reserve within the meaning of the Crown Lands Act 1976 ; or (b) permanent timber production zone land within the meaning of the Forest Management Act 2013 . (3) The Minister, by order and with the agreement of any other appropriate Minister, may declare that this Act or any specified provision of this Act applies to – (a) . . . . . . . . (b) any specified land set apart or dedicated for any public purpose. (4) The Minister, by order, may declare that any specified area of land or any specified mineral is exempt from this Act. (4A) A person must not explore, undertake mining on, or remove minerals from, any area of land in contravention of an order under subsection (4) . (5) The holder of an exploration licence or a special exploration licence must not exercise any right conferred by the licence within an area of land exempted under subsection (4) without the Minister's approval. Penalty: Fine not exceeding 10 penalty units. (6) This Act does not apply to the mining of – (a) Category 3 minerals carried out by the Crown in a State forest or on future potential production forest land within the meaning of the Forestry (Rebuilding the Forest Industry) Act 2014 in accordance with the Forest Practices Code under the Forest Practices Act 1985 for the purpose of supplying materials for the construction of a forest road for providing access to a State forest; or (b) Category 3 minerals carried out by the Crown from a quarry in a State forest and sold at a rate of less than 100 tonnes per year. (7) Sections 19 , 54 and 79 do not apply to the prescribed area of land in the municipal area of Dorset. (8) This Act does not extinguish or impair any native title rights and interests recognised under the Native Title Act 1993 of the Commonwealth. (9) This Act applies to reserved land within the meaning of the Nature Conservation Act 2002 and a public reserve within the meaning of the Crown Lands Act 1976 . 6. Ownership of minerals and substances (1) All minerals held in private ownership at the commencement of this Act continue to be so held. (2) Any minerals not held in private ownership vest in the Crown. (3) Any minerals on any Crown land which is sold or otherwise disposed of remain vested in the Crown. (4) Any gold, silver, atomic substance, helium, geothermal substance, petroleum, hydrogen and oil existing in a natural state on or below the surface of land vests in the Crown. (5) Any Category 3 minerals are owned by the owner of the surface of the land regardless of the depth at which they occur. (6) Subsection (5) does not affect the operation of subsection (3) . 7. Non-application of Act to certain minerals This Act does not apply to any Category 3 mineral on private land which is mined for the use of the owner or occupier or sold at a rate of less than 100 tonnes each year. 8. Director, Registrar and inspectors (1) The Minister may appoint a State Service officer or State Service employee to be the Director of Mines. (2) The Director may appoint – (a) a person to be the Registrar of Mines; and (b) persons to be inspectors. (3) A person who holds the position of Director, Registrar or an inspector, may hold that position in conjunction with State Service employment. (4) The Director may authorise a person employed in the Department to perform the functions and exercise the powers of the Registrar. (5) A person who, immediately before the commencement of the Mineral Resources Development Amendment Act 2017, held the position of Director, Registrar or an inspector continues to hold that position on the same terms and conditions. 9. Powers of inspectors (1) An inspector, at any reasonable time for the purpose of ascertaining whether or not the provisions of this Act are being contravened or are being complied with, may do any or all or the following: (a) enter, remain on and pass over any land; (b) enter, remain on and inspect any mine; (c) enter, remain on and inspect any place the inspector reasonably believes is being used for mining; (d) examine any plant or any other thing in a mine; (e) remove any material or substance from a plant or mine; (f) seize anything which the inspector believes on reasonable grounds is the means by which the provisions of this Act or standards specified in a Code of practice have been contravened or not complied with; (g) require the production of any relevant documents; (h) inspect, examine and make copies of, or extracts from, relevant documents; (i) remove relevant documents to make a copy or extract; (j) take any photographs or audio or video recordings that the inspector considers necessary; (k) require a person to state his or her name and address if – (i) the person is found committing an offence against this Act or is not conducting mining operations or exploration consistent with standards specified in a relevant Code of practice; or (ii) the inspector believes on reasonable grounds that the person has committed an offence against this Act or is not conducting mining operations or exploration consistent with standards specified in a relevant Code of practice; or (iii) the person is a person whose name and address are, in the opinion of the inspector, reasonably required; (l) require any person to give any assistance reasonably required to exercise any power referred to in this situation. (2) An inspector may be accompanied by any assistant as is necessary to exercise any power under this Act. (3) An inspector must not exercise any powers under this section so as to unnecessarily impede or obstruct the working of a mine. 10. Obstructing inspectors A person must not – (a) obstruct, threaten or intimidate or attempt to obstruct, threaten or intimidate an inspector in the exercise of the inspector's powers; or (b) contravene or fail to comply with any lawful requirement of an inspector; or (c) fail to give assistance or information to an inspector if required to do so; or (d) if required to state his or her full name and address – (i) fail to do so; or (ii) state a false name or address; or (e) impersonate an inspector. Penalty: Fine not exceeding 50 penalty units. PART 2 - Exploration Licences Division 1 - Applications 11. Application for exploration licence (1) A person may apply to the Minister for an exploration licence. (2) An application is to – (a) be in an approved form; and (b) specify the minerals, or category of minerals, in respect of which it is made; and (c) be accompanied by a statement specifying – (i) the work to be carried out on activities under the licence sought; and (ii) a description of the area of land in respect of which the licence is sought; and (iii) the financial and technical resources available to the applicant; and (iv) an estimate of the proposed expenditure on activities under the licence; and (v) the likely impact on the environment of activities under the licence; and (d) be accompanied by the prescribed fee; and (e) contain any other prescribed details; and (f) be lodged with the Registrar. (3) The Registrar or Director or both may require an applicant to provide further information. (4) The holder of a special exploration licence may only apply for a licence in relation to an area of land that is, in whole or in part, specified in the special exploration licence, if – (a) the application is in relation to a mineral, or a category of minerals, to which that special exploration licence relates; and (b) the area of land does not exceed the area of land specified in section 21(1) in respect of the mineral or the category of minerals. (5) If a relevant licence, within the meaning of section 161E(1) , ceases to be in force in relation to an area of land, a person may not, until a date specified by the Director, in accordance with section 161E(2)(c) , in a notice under section 161E(2) in relation to the licence, apply for a licence that is to relate to both – (a) all or part of the area of land that is specified in the notice; and (b) a mineral, or the category of minerals, specified in the notice. 12. Priority of applications (1) If more than one application is received for a licence in respect of all or part of the same land, the order of priority is as follows: (a) for applications received on different days, an application received on an earlier day has priority over an application received on a later day; (b) for applications received on the same day, the order of priority is as determined by the Director according to the relative merits of the applications; (c) for applications received on the same day which are determined by the Director to be of equal merit, the order of priority is as determined by a ballot conducted in an approved manner. (1A) If a notice has been published under section 161E in relation to an exploration licence or retention licence, applications – (a) for a licence that is to relate to both – (i) all or part of the area of land that is specified in the notice; and (ii) a mineral, or the category of minerals, specified in the notice; and (b) that are received up to and including 4 working days after the date specified in the notice – are to be taken to be received on the same day. (2) An application that has priority over any other application is to be determined without reference to any other application. (3) The Director is to notify an applicant – (a) that the application of the applicant has priority over any other application; or (b) that the application of another applicant has priority; or (c) if the priority of an application of the applicant has altered because another application is withdrawn or refused or has lapsed under section 13 . (4) The Registrar is to reject any application received later than 3 months after receipt of another application determined to have priority. 13. Pending application (1) An application for a licence is pending from the day on which it is lodged until whichever of the following happens first: (a) the application is granted; (b) the application is refused; (c) the application lapses; (d) the application is withdrawn. (2) An application for a licence lapses – (a) 12 months after it is lodged, if it is not determined or withdrawn by that time; or (b) at a later date fixed by the Director if – (i) the failure to determine the application was not caused by a default of the applicant; or (ii) there is, in the opinion of the Director, a sufficient reason for fixing a later date. 14. Recommendation of application for exploration licence (1) The Director is to consider an application for a licence. (2) If the Director intends to recommend to the Minister that the application be granted, the Director is to – (a) notify that intention by notice in writing – (i) to the applicant; and (ii) as required under section 29 of the Native Title Act 1993 of the Commonwealth; and (b) publish a notice of that intention in a newspaper circulating in the relevant area. (3) A notice under subsection (2) (b) is to specify – (a) the name of the applicant; and (b) the area of land in respect of which the application is made; and (c) any other prescribed matter. (4) . . . . . . . . 15. Objection to exploration licence (1) Any person with an interest or estate in land within the area specified in a notice published under section 14 (2) (b) , or who is the holder of a mineral tenement in respect of such land, may object to the granting of the application for a licence in respect of that land. (2) An objection is to – (a) be in writing; and (b) specify the grounds; and (c) be accompanied by the prescribed fee; and (d) be lodged with the Registrar within 28 days after the date of the publication of the notice under section 14 (2) (b) . (3) An objection is to be heard and determined by the Mining Tribunal. 15A. Alteration of application, &c., before notice published (1) A person who has applied for a licence may, by notice to the Director, alter – (a) the application for the licence; or (b) the statement accompanying, in accordance with section 11(2)(c) , the application for the licence. (2) The alterations to an application for a licence that may be specified in a notice under subsection (1) include, but are not limited to including, alterations of – (a) the minerals, or the category of minerals, in respect of which the application is made; and (b) the area of land in respect of which the licence is sought. (3) A notice may only be given to the Director under subsection (1) before notice of the application is published under section 14(2)(b) , including publication of such a notice in accordance with section 17(2)(a) . (4) An application altered under subsection (1) is, as so altered, to be taken to be the application as lodged under section 11 . 16. Alteration of application after objection (1) If the Mining Tribunal upholds an objection relating to any part of the land in respect of which an application for a licence is made, it may allow the applicant to alter the application by excluding that part. (2) An application for a licence altered under subsection (1) is, as so altered, to be taken to be the application as lodged under section 11 . 17. Granting application for exploration licence (1) After considering an application for a licence and any recommendation of the Director and subject to any decision of the Mining Tribunal, the Minister may – (a) grant the application; or (b) refuse to grant the application. (2) If the Minister intends to grant an application for a licence contrary to the recommendation of the Director – (a) the Director is to notify that intention in accordance with section 14 (2) and (3) ; and (b) a person with an interest or estate in the land in respect of which the licence is sought is entitled to object in accordance with section 15 . (3) The Minister, by notice in writing, must notify the applicant of – (a) the grant of the application; or (b) the refusal to grant the application and the reasons for the refusal. 17A. When application for licence may be granted or refused (1) The Minister may only grant an application for a licence if the Minister is satisfied that the applicant – (a) intends to do work for the purposes of the licence; and (b) intends to comply with this Act; and (c) has an appropriate program of work; and (d) has provided sufficient information relating to the likely impact on the environment of activities under the licence; and (da) has provided a copy of the applicant's current public liability insurance policy; and (e) has provided a security deposit. (2) The Minister may only grant an application for a licence if the Minister is satisfied that the applicant – (a) has – (i) sufficient technical and financial resources; or (ii) obtained an agreement, contract, or other arrangement, with another person to ensure the provision of sufficient technical and financial resources – to enable the carrying out of the program of work in relation to the application for the first 2 years after the application is granted; and (b) is likely to have sufficient technical and financial resources to enable the carrying out of the program of work for the remainder of the period of the licence after the first 2 years after the application is granted. (3) The Minister may refuse to grant an application for a licence by an applicant if the Minister is of the opinion that the application ought to be refused because – (a) of significant, or repeated, breaches of this Act or the regulations by – (i) the applicant; or (ii) a person, authorised or employed by the applicant, who committed the breach, or breaches, in relation to activities under a licence of any kind, or a lease, of the applicant; or (b) the applicant has failed to comply with the conditions subject to which an application under this Act by the applicant for a licence of any kind, or a lease, was granted; or (c) the applicant has failed to substantially carry out as much of a work program, development plan, field development plan, or mining plan, in relation to a licence of any kind, or a lease, of the applicant, as ought reasonably be expected to have been carried out at the time the application is made. 18. Conditions of exploration licence (1) The Minister may grant an application for a licence subject to any conditions the Minister considers appropriate. (2) If a licence is held by 2 or more persons, those persons are jointly and severally liable for complying with the conditions of the licence. (2A) Without limiting the generality of subsection (1) , the conditions that may be imposed include – (a) a condition as to the minimum amount of money that is to be expended – (i) during the period in which the licence is in force; or (ii) during one or more periods, in which the licence is in force, specified in the licence – or both, for the purposes of, or in relation to, exploration under the licence; and (b) a condition requiring the completion of work programs in relation to the licence – (i) during the period in which the licence is in force; or (ii) during one or more periods, in which the licence is in force, specified in the licence – or both, for the purposes of, or in relation to, exploration under the licence. (3) The Minister may vary the conditions of the licence by rescinding, adding, substituting or amending a condition. (4) Before varying the conditions of a licence, the Minister, by notice in writing served on the licensee, is to notify the licensee of– (a) the intention to vary the conditions; and (b) the nature of the variation; and (c) the right of the licensee to make submissions in relation to the matter within a period specified in the notice. (5) A licensee may appeal to the Mining Tribunal against the Minister's decision to vary the conditions of a licence within 28 days after the date of the decision. (6) The variation of the conditions 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. 19. Restriction on exploration in relation to private land The holder of a licence, a person authorised by the holder of a licence, and a person acting under a contract of service, or a contract for services, with the holder of a licence, must not explore on private land within 100 metres of – (a) the surface of any natural lake, artificial lake, dam, reservoir, water-producing well, or artificial pond, part or all of which is on the land; or (b) any dwelling, or substantial building, on the land – unless the holder of the licence has the consent of the owner and of the occupier of the land to do so. Penalty: Fine not exceeding 100 penalty units. Division 2 - Exploration licences 20. Exploration licence (1) On granting an application for a licence, the Minister is to issue an exploration licence. (2) A licence is to – (a) be in an approved form; and (b) include the following particulars: (i) a description of the area of land comprised in the licence; (ii) the total area of that land; (iii) the minerals, or category of minerals, to which the licence relates; (iv) the terms and conditions to which it is subject; (v) the period for which it is in force. (3) A licensee is to pay rent to the Crown in respect of the land comprised in the licence at a prescribed rate and in a prescribed manner. 21. Area of land comprised in exploration licence (1) The area of land comprised in a licence must not exceed – (a) for a licence in respect of Category 1, 2, 3 and 5 minerals, 250 square kilometres; or (b) for a licence in respect of Category 6 minerals, 500 square kilometres; or (c) for a licence in respect of Category 4 minerals, an area determined by the Minister. (2) Land comprised in a licence may be either or both of the following: (a) the same size as, or smaller than, the area of land in respect of which the licence was sought; (b) different in shape from the area of land in respect of which the licence was sought. (3) An area of land comprised in a licence (the relevant licence) in respect of a mineral, or category of minerals, must not include an area which – (a) is the subject of a licence of any kind in respect of the same mineral, or category of minerals, other than a special exploration licence held by the person to whom the application for the relevant licence is granted; or (b) is the subject of a lease or an application for a lease; or (c) is the subject of an application for a retention licence in respect of the same mineral or category of minerals. 22. Exploration licence for small areas (1) The Minister may, under section 17 , grant an application for a licence to a person in respect of an area no greater than one square kilometre. (2) A licence to which subsection (1) applies may be in respect of any mineral, or category of minerals, specified in the licence. (3) . . . . . . . . (4) A person is entitled to hold only one licence to which subsection (1) applies. 23. Authority of exploration licence (1) A licence authorises the holder of the licence, a person authorised by the holder of the licence, and a person acting under a contract of service, or a contract for services, with the holder of the licence– (a) to explore, in accordance with the conditions of the licence, in the area of land specified in the licence for minerals, or minerals within the category of minerals, specified in the licence; and (b) to enter on, and pass over, Crown land for that purpose, in accordance with the conditions of the licence; and (c) subject to subsection (2) , to enter on, and pass over, private land, in accordance with the conditions of the licence, for that purpose. (2) A person may only enter on, or pass over, private land by giving written notice in an approved form to the owner or occupier of the land 14 days or any shorter period the owner or occupier allows before doing so. (3) A person must not hinder or obstruct a licensee from carrying out any activity under the licence. Penalty: Fine not exceeding 100 penalty units. (4) A person must not sell any mineral recovered during exploration without the approval of the Director. Penalty: Fine not exceeding 500 penalty units or revocation of the licence, or both. 24. Term of exploration licence A licence, unless revoked earlier or unless the term of the licence is extended under section 25 , is in force– (a) for a period of 5 years from the date on which the application is granted, in respect of Category 1, 2 and 3 minerals; or (b) for a period the Minister determines from the date on which the application is granted, in respect of Category 4 minerals; or (c) for a period of 5 years from the date on which the application for the licence is granted, in respect of Category 5 minerals or Category 6 minerals. 25. Extension of term of licence (1) A person may apply to the Minister for an extension of the term of a licence. (2) An application is to be – (a) in an approved form; and (b) accompanied by the prescribed fee; and (c) lodged with the Registrar before the licence ceases to be in force. (3) The Minister may – (a) grant the application for any further period the Minister determines and with or without any conditions; or (b) refuse to grant the application. (4) The Minister must grant the application if satisfied that – (a) the exploration to be carried out during the term of the licence has been completed; and (b) the licensee has submitted any report or return as required; and (c) the licensee has submitted a suitable program of work for the period of extension; and (d) further detailed exploration is justified because substantiated results indicate the probability of a discovery leading to profitable mining operations. (5) The Minister, by notice in writing, must notify the applicant of – (a) the grant of the application; or (b) the refusal to grant the application and the reasons for the refusal. (6) A licensee may appeal to the Mining Tribunal against the Minister's refusal to grant the application within 28 days after receipt of a notice under subsection (5)(b). (7) A licence to which an application under subsection (1) relates remains in force until– (a) the Minister makes a decision under subsection (3) ; or (b) if an appeal is made under subsection (6) , the Mining Tribunal makes an order in relation to the appeal; or (c) if the date on which the licence would, if the application were not granted, expire is a date later than the date on which a decision or order referred to in paragraph (a) or (b) occurs – the date on which the licence would expire. 26. Minimum expenditure (1) The Minister may, in relation to a licence, determine the minimum amount of money that the Director may require the holder of the licence to expend, in each 12-month period for which the licence is in force, in relation to exploration activities that are required by the work program in respect of the licence to be carried out. (2) The Director, by notice served on the holder of a licence, may specify – (a) the minimum amount determined by the Minister under subsection (1) in relation to the licence; and (b) that the holder of the licence is required to expend, in each 12-month period for which the licence is in force, in relation to exploration activities that are required by the work program in respect of the licence to be carried out, at least the amount specified in the notice under paragraph (a) . (3) The holder of a licence on whom a notice is served under subsection (2) must, in each 12-month period for which the licence is in force, expend, in relation to exploration activities that are required by the work program in respect of the licence to be carried out, at least the amount of money that is specified in the notice. (4) The Director may not specify in a notice under subsection (2) in relation to the holder of a licence a period, if the period is a period specified in a condition, of the kind referred to in section 18(2A) , that is imposed on the licence. 27. Exemption from conditions of exploration licence (1) A licensee may apply to the Minister for an exemption from any condition of a licence. (2) An application is to be – (a) in an approved form; and (b) accompanied by the prescribed fee; and (c) lodged with the Registrar. (3) The Minister may – (a) grant the application; or (b) refuse to grant the application. (4) If the Minister grants the application, the Minister is to issue the licensee with a certificate of exemption. (5) A certificate of exemption – (a) remains in force for the period specified in the certificate; and (b) is subject to any conditions specified in the certificate. 28. Annual report (1) The holder of a licence is, in each year, to submit to the Director, by – (a) the anniversary, in that year, of the day on which the application for the licence was granted; or (b) a day, after that anniversary, specified under subsection (1A) in relation to the licence – a report (anannual report) in relation to the 12-month period immediately before that anniversary. (1A) The Director may, by notice in writing to the holder of a licence, specify a day for the purposes of subsection (1)(b) in relation to the licence. (2) The annual report is to – (a) be in accordance with the reporting guidelines; and (b) specify the amounts expended in respect of any exploration carried out during the 12-month period to which the report relates; and (c) contain a summary of the matters specified in section 187 (2) ; and (d) give details of any work that is proposed to be undertaken under the licence in the future; and (e) contain any other matter relating to the licence that is specified in the reporting guidelines, or by the Director by notice in writing to the holder of the licence, as being required to be contained in the report. (3) . . . . . . . . 28AA. Final report (1) Within 3 months after the expiration, surrender or revocation of a licence, the licensee must submit to the Director a report (a final report) in relation to the period of the licence. (2) The final report is to – (a) be in accordance with the reporting guidelines; and (b) contain any other matter relating to the licence that is specified in the reporting guidelines, or by the Director by notice in writing to the licensee, as being required to be contained in the report. 28A. Returns (1) A licensee, if requested by the Director by notice in writing, is to submit to the Director, within 28 days after the end of a quarter, a return (a quarterly return) in relation to the quarter. (2) A quarterly return is to be in the approved form, if any. (3) A quarterly return in relation to a licence is to – (a) specify the expenditure, during the quarter to which the return relates, on each category of exploration, under the licence, that is listed in the approved form, if any; and (b) specify the progress of the exploration program under the licence during the quarter; and (c) specify any rehabilitation, of the area of land comprised in the licence, that was undertaken during the quarter; and (d) contain any other information that is specified in the form, in the reporting guidelines, or by the Director by notice in writing to the licensee, as being required to be contained in the return. (4) A licensee, by the anniversary, in each year, of the date on which the application for the licence is granted, is to submit to the Director a return (an annual return) in relation to the 12-month period before that anniversary. (5) An annual return is to be in the approved form, if any. (6) The Director, by notice to a licensee, may require the licensee to submit to the Director, by the date or dates specified in the notice, the information specified in the notice as required to be submitted by the licensee. (7) A licensee must submit to the Director, by the date or dates specified in a notice to the licensee under subsection (6) , the information specified in the notice as required to be submitted by the licensee. Penalty: Fine not exceeding 50 penalty units. (8) The information specified in an approved form, or a notice under this section, as required to be submitted by the licensee, may include an audited report. 29. Duties under exploration licence A licensee must – (a) carry out any exploration efficiently and effectively; and (b) carry out any exploration and rehabilitation of land consistent with the standards specified in any relevant Code of practice. 30. Exploration without licence A person must not, on an area of land comprised in a licence, explore for minerals to which the licence relates, unless the person – (a) is the holder of the licence; or (b) is authorised by the holder of the licence to explore for the minerals; or (c) is exploring for the minerals under a contract of service, or a contract for services, with the holder of the licence; or (d) has obtained the written consent of the holder of the licence. Penalty: Fine not exceeding 100 penalty units. Division 3 - Dealings with licences 31. Variation of exploration licence (1) The Minister, with the approval of the licensee, by notice in writing, may vary the licence by – (a) adding to, or reducing, the area of land comprised in the licence; or (b) adding a mineral or category of minerals to, or removing a mineral or category of minerals from, any mineral or category of minerals to which the licence relates. (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; or (b) adding a mineral or category of minerals to, or removing a mineral or category of minerals from, the minerals or category of minerals to which the licence relates. (3) If a licensee fails to comply with, or contravenes, a provision of this Act or a condition of the licence, the Minister 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 category of minerals from the minerals or category of minerals to which the licence relates. (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 within a period specified in the notice. (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. (7) Subject to subsection (8) , an area of land which was not comprised in a licence because of the operation of section 21 (3) is to be comprised in the licence when – (a) the area ceases to be comprised in a lease; or (b) the application for a mining lease is refused or withdrawn. (8) An area of land must not be comprised in a licence under subsection (7) so as the total area of land exceeds the area specified in section 21 in respect of the relevant category of minerals. 32. Application for transfer of exploration licence (1) A licensee may apply to the Minister for approval to transfer a licence. (2) An application is to be – (a) in an approved form; and (b) accompanied by the executed instrument of transfer; and (c) accompanied by the prescribed fee; and (d) lodged with the Registrar within 28 days after the transfer is executed. (3) The Registrar may extend the period referred to in subsection (2) (d) if satisfied that it is reasonable to do so. (4) The Registrar, by notice in writing, is to notify of an application lodged under this section in relation to a licence any person who has lodged a caveat under Part 10 in relation to the licence. (5) A notice under subsection (4) is to be sent by certified mail within 14 days after the application is lodged. (6) A person who has lodged a caveat under Part 10 in relation to a licence may, within 14 days after receipt of a notice under subsection (5) in relation to the licence, object to the Mining Tribunal against an application for approval to transfer the licence. 33. Approval of transfer of exploration licence (1) The Minister may – (a) approve the application for the transfer of a licence; or (ab) refuse to approve the application until conditions specified by the Minister are satisfied; or (b) refuse to approve the application. (2) The Minister, by notice in writing, must notify the applicant of – (a) the approval of the application; or (ab) the conditions, if any, that must be satisfied before the Minister will approve the transfer; or (b) the refusal to approve the application and the reasons for the refusal. (3) A transfer – (a) is of no effect unless approved by the Minister; and (b) takes effect, if approved, on the date of the approval. 34. Revocation of exploration licence (1) The Minister may revoke a licence or part of a licence if – (a) the licensee fails to comply with, or contravenes – (i) any provision of this Act; or (ii) any condition of the licence; or (b) satisfied that any area of land comprised in the licence is required for any public purpose. (2) Before revoking a licence or part of a licence under subsection (1) (a) , the Minister – (a) by notice in writing served on the licensee, is to notify the licensee of the intention to revoke the licence or part of the licence; and (b) is to give the licensee an opportunity to make submissions in relation to the matter. (3) If the Minister revokes a licence or part of a licence, the Minister, by notice in writing, is to notify the licensee. (4) If the Minister revokes a licence or part of a licence under subsection (1) (b) , the licensee is entitled to compensation under Part 8 . (5) The Minister, by notice published in the Gazette, may notify the revocation of a licence or part of a licence. (6) A licensee may appeal to the Mining Tribunal against the Minister's decision to revoke the licence within 28 days after the date of the decision. (7) The revocation of a licence or part of a licence takes effect – (a) if an appeal is not made under subsection (6) , 28 days after the licensee is notified under subsection (3) or a notice is published under subsection (5) , whichever is earlier; or (b) if an appeal is made under subsection (6) and the Mining Tribunal makes an order affirming the decision, 10 days after the date of the order. 35. Surrender of exploration licence (1) A licensee may apply to the Director for approval to surrender a licence or part of a licence. (2) An application for approval to surrender a licence or part of a licence is to be – (a) in an approved form; and (b) accompanied by the licence; and (c) accompanied by the prescribed fee; and (d) lodged with the Registrar. (3) The Director may – (a) approve the application, with or without any conditions; or (b) refuse to approve the application. (4) The Director, by notice in writing, is to notify the applicant of – (a) the approval of the application; or (b) the refusal to approve the application and the reasons for that refusal. (5) If the Director approves an application on conditions, the Director, by notice in writing, is to notify the applicant when the Director is satisfied that all the conditions have been fulfilled. (6) If the Director approves an application, the licence, or the part of the licence, to which the application relates – (a) is, if the application is approved without conditions, surrendered on the date on which the Director gives to the applicant notice under subsection (4) of the approval; or (b) is, if the application is approved with conditions, surrendered on the date on which the Director gives to the applicant notice under subsection (5) that the Director is satisfied that all the conditions have been fulfilled. 36. Application to consolidate exploration licences (1) A licensee may apply to the Director to consolidate 2 or more licences held by the licensee in respect