Western Australia: Offshore Minerals Act 2003 (WA)

Western Australia Offshore Minerals Act 2003 Western Australia Offshore Minerals Act 2003 Contents Chapter 1 — Introduction Part 1.1 — Legislative formalities and background 1. Short title 1 2. Commencement 1 3. Commonwealth‑State agreement (the Offshore Constitutional Settlement) 1 Part 1.2 — Interpretation Division 1 — General 4. Notes in the text 1 5. Interpretation 1 5A. Relationship with Environmental Protection Act 1986 1 6. Shares in a licence 1 7. Transfer of a licence 1 8. Successor licences 1 9. Section number not used 1 10. Position on the Earth's surface 1 11. Section number not used 1 12. Power to vary and revoke instruments 1 Division 2 — Basic concepts 13. – 15. Section numbers not used 1 16. Coastal waters, and effect of change in baseline 1 17. Blocks 1 18. Reserved block 1 19. Standard block 1 20. Tender block 1 21. Discrete area 1 22. Minerals 1 23. Exploration 1 24. Recovery 1 25. Licence holder 1 26. Associates 1 27. Confidential information 1 28. Confidential sample 1 Part 1.3 — Administration of the Commonwealth‑State offshore area 29. Definitions 1 30. Minister as member of Joint Authority, or as Designated Authority 1 31. State officer acting under delegation 1 32. – 34. Section numbers not used 1 Part 1.4 — Application of this Act 35. Act does not apply to exploration for or recovery of petroleum 1 36. Section number not used 1 37. Act applies to all individuals and corporations 1 Chapter 2 — Regulation of offshore exploration and mining Part 2.1 — General 38. General prohibition on exploring and mining without appropriate authorisation 1 38A. Exploration and mining in marine reserves and fish habitat protection areas 1 38B. Consultation with other Ministers 1 39. Licences and consents available under this Act 1 40. Steps involved in the grant of a fully effective licence 1 41. Approval of form and manner of applications etc. 1 42. Rights to minerals recovered 1 43. Effect of grant of licence or special purpose consent on native title 1 44. Licence etc. does not authorise unnecessary interference with other activities in the licence area 1 Part 2.2 — Exploration licences Division 1 — General 45. Exploration licences 1 46. Activities authorised by an exploration licence 1 47. Minister may cancel or not renew exploration licence without compensation 1 48. Licence rights may be suspended 1 49. Compensation for acquisition of property due to suspension of rights 1 Division 2 — Application for and grant of exploration licence over standard blocks 50. Application for exploration licence over standard block 1 51. Excluded blocks 1 52. Minister may determine that excluded block is available 1 53. Minister may allow application for more than one discrete area 1 54. How to apply 1 55. Effect of inclusion of unavailable block in application 1 56. Payment of fee 1 57. Application must be advertised 1 58. How multiple applications are dealt with 1 59. Discussions about blocks applied for 1 60. Advertising revised application 1 61. Request for further information 1 62. Section number not used 1 63. Minister may provisionally grant licence 1 64. Section number not used 1 65. Matters to be specified in the licence 1 66. Applicant must be notified 1 67. Amendment of conditions 1 68. Amendment of security requirements 1 69. Extension of primary payment period 1 70. Acceptance of grant of exploration licence for standard block 1 71. Conditions applicable to licence on grant 1 72. Lapse of provisional grant of exploration licence 1 Division 3 — Application for and grant of exploration licence over tender block 73. Matters to be determined before applications for exploration licence over tender blocks invited 1 74. Minister may invite applications for exploration licence over tender blocks 1 75. Tender block licence notice — exploration licence 1 76. Application for exploration licence over tender blocks 1 77. How to apply 1 78. Payment of fee 1 79. Request for further information 1 80. Section number not used 1 81. Minister may provisionally grant licence 1 82. Section number not used 1 83. Successful applicant must be notified 1 84. Acceptance of grant of exploration licence over tender blocks 1 85. Conditions applicable to licence on grant 1 86. Lapse of provisional grant of exploration licence 1 87. Provisional grant to next applicant if grant lapses 1 Division 4 — Duration of exploration licence 88. Initial term of exploration licence 1 89. Term of renewal of exploration licence 1 90. Effect of suspension of rights on term of exploration licence 1 91. Effect of application for renewal on term of exploration licence 1 92. Effect of application for retention licence or mining licence on term of exploration licence 1 93. Effect of application for extension on term of licence 1 94. Extension of licence — activities disrupted 1 95. Grant of licence extension — activities disrupted 1 96. Extension of licence — other circumstances 1 97. Grant of licence extension — other circumstances 1 98. Notification of decision 1 Division 5 — Voluntary surrender of part of exploration licence area 99. Voluntary surrender of blocks if discrete area remains 1 100. Voluntary surrender of blocks if up to 3 discrete areas remain 1 Division 6 — Application for and grant of renewal of exploration licence 101. Application for renewal of exploration licence 1 102. When application to be made 1 103. How to apply for renewal 1 104. Mandatory reduction of licence area on renewal of exploration licence 1 105. Request for further information 1 106. Payment of fee 1 107. Section number not used 1 108. Provisional renewal of an exploration licence 1 109. Section number not used 1 110. Applicant must be notified 1 111. Amendment of conditions 1 112. Amendment of security requirements 1 113. Extension of primary payment period 1 114. Acceptance of renewal of exploration licence 1 115. Conditions applicable to licence on renewal 1 116. Lapse of provisional renewal of exploration licence 1 Division 7 — Obligations associated with exploration licence 117. General 1 118. Conditions of exploration licence 1 119. No conditions requiring payment of money 1 120. Variation of conditions 1 121. Exemption from or suspension of conditions 1 122. Automatic suspension of conditions if licence rights are suspended 1 123. Work practices 1 124. Licence holder must keep specified records etc. 1 125. Licence holder must assist inspectors 1 Division 8 — Expiry of exploration licence 126. General 1 127. Voluntary surrender of exploration licence 1 128. Automatic expiry of exploration licence when retention licence takes effect 1 129. Automatic expiry of exploration licence when mining licence takes effect 1 130. Cancellation of exploration licence 1 131. Obligations of former exploration licence holders and former associates 1 Part 2.3 — Retention licences Division 1 — General 132. Retention licences 1 133. Activities authorised by a retention licence 1 134. Minister may cancel or not renew retention licence without compensation 1 135. Licence rights may be suspended 1 136. Compensation for acquisition of property due to suspension of rights 1 Division 2 — Application for and grant of retention licence 137. Application for retention licence 1 138. How to apply 1 139. Payment of fee 1 140. Application must be advertised 1 141. Request for further information 1 142. Section number not used 1 143. Minister may provisionally grant licence 1 144. Section number not used 1 145. Grounds for granting retention licence 1 146. Matters to be specified in the licence 1 147. Applicant must be notified 1 148. Amendment of conditions 1 149. Amendment of security requirements 1 150. Extension of primary payment period 1 151. Acceptance of grant of retention licence 1 152. Conditions applicable to licence on grant 1 153. Lapse of provisional grant of retention licence 1 Division 3 — Duration of retention licence 154. Initial term of retention licence 1 155. Term of renewal of licence 1 156. Effect of application for renewal on term of retention licence 1 157. Effect of application for mining licence on term of retention licence 1 Division 4 — Voluntary surrender of part of retention licence area 158. Voluntary surrender of blocks if discrete area remains 1 Division 5 — Application for and grant of renewal of retention licence 159. Application for renewal of retention licence 1 160. When application to be made 1 161. How to apply for renewal 1 162. Request for further information 1 163. Payment of fee 1 164. Section number not used 1 165. Provisional renewal of retention licence 1 166. Section number not used 1 167. Matters that may be taken into account 1 168. Refusal of application for renewal 1 169. Applicant must be notified 1 170. Amendment of conditions 1 171. Amendment of security requirements 1 172. Extension of primary payment period 1 173. Acceptance of renewal of retention licence 1 174. Conditions applicable to licence on renewal 1 175. Lapse of provisional renewal of retention licence 1 Division 6 — Obligations associated with retention licence 176. General 1 177. Conditions of retention licence 1 178. No conditions requiring payment of money 1 179. Variation of conditions 1 180. Exemption from or suspension of conditions 1 181. Automatic suspension of conditions if licence rights are suspended 1 182. Significant changes in circumstances to be reported to Minister 1 183. Work practices 1 184. Licence holder must keep specified records etc. 1 185. Licence holder must assist inspectors 1 Division 7 — Expiry of retention licence 186. General 1 187. Voluntary surrender of retention licence 1 188. Automatic expiry of retention licence when mining licence takes effect 1 189. Cancellation of retention licence, breach of condition etc. 1 190. Cancellation of retention licence, mining activities viable 1 191. Obligations of former retention licence holders and former associates 1 Part 2.4 — Mining licences Division 1 — General 192. Mining licences 1 193. Activities authorised by a mining licence 1 194. Minister may cancel or not renew mining licence without compensation 1 195. Licence rights may be suspended 1 196. Compensation for acquisition of property due to suspension of rights 1 Division 2 — Application for and grant of mining licence over standard blocks 197. Application for mining licence over vacant standard block 1 198. Holder of exploration licence or retention licence may apply for mining licence 1 199. How to apply 1 200. Effect of inclusion of unavailable block in application 1 201. Payment of fee 1 202. Application must be advertised 1 203. How multiple applications are dealt with 1 204. Request for further information 1 205. Section number not used 1 206. Minister may provisionally grant licence 1 207. Restriction in case of marine nature reserve or marine park 1 208. Refusal of application for mining licence made under section 198 1 209. Matters to be specified in the licence 1 210. Applicant must be notified 1 211. Amendment of conditions 1 212. Amendment of security requirements 1 213. Extension of primary payment period 1 214. Acceptance of grant of mining licence for standard block 1 215. Conditions applicable to licence on grant 1 216. Lapse of provisional grant of mining licence 1 Division 3 — Application for and grant of mining licence over tender block 217. Matters to be determined before applications for mining licence over tender blocks invited 1 218. Minister may invite applications for mining licence over tender blocks 1 219. Tender block licence notice — mining licence 1 220. Application for mining licence over tender blocks 1 221. How to apply 1 222. Payment of fee 1 223. Request for further information 1 224. Section number not used 1 225. Minister may provisionally grant licence 1 226. Restriction in case of marine nature reserve or marine park 1 227. Successful applicant must be notified 1 228. Acceptance of grant of mining licence over tender blocks 1 229. Conditions applicable to licence on grant 1 230. Lapse of provisional grant of mining licence 1 231. Provisional grant to next applicant if grant lapses 1 Division 4 — Duration of mining licence 232. Initial term of mining licence 1 233. Term of renewal of licence 1 234. Effect of application for renewal on term of mining licence 1 Division 5 — Voluntary surrender of part of mining licence area 235. Voluntary surrender of blocks if discrete area remains 1 Division 6 — Application for and grant of renewal of mining licence 236. Application for renewal of mining licence 1 237. When application to be made 1 238. How to apply for renewal 1 239. Request for further information 1 240. Payment of fee 1 241. Section number not used 1 242. Provisional renewal of mining licence 1 243. Section number not used 1 244. Matters that may be taken into account 1 245. Refusal of application for renewal 1 246. Applicant must be notified 1 247. Amendment of conditions 1 248. Amendment of security requirements 1 249. Extension of primary payment period 1 250. Acceptance of renewal of mining licence 1 251. Conditions applicable to licence on renewal 1 252. Lapse of provisional renewal of mining licence 1 Division 7 — Obligations associated with mining licence 253. General 1 254. Conditions of mining licence 1 255. No conditions requiring payment of money 1 256. Variation of conditions 1 257. Exemption from or suspension of conditions 1 258. Automatic suspension of conditions if licence rights are suspended 1 259. Work practices 1 260. Licence holder must pay royalty 1 261. Licence holder must keep specified records 1 262. Licence holder must assist inspectors 1 Division 8 — Expiry of mining licence 263. General 1 264. Voluntary surrender of mining licence 1 265. Cancellation of mining licence 1 266. Obligations of former mining licence holders and former associates 1 Part 2.5 — Works licences Division 1 — General 267. Works licences 1 268. Activities authorised by a works licence 1 269. Minister may cancel or not renew works licence without compensation 1 Division 2 — Application for and grant of works licence 270. Application for works licence 1 271. How to apply 1 272. Payment of fee 1 273. Applicant to notify licence holders affected by the application 1 274. Application must be advertised 1 275. Section number not used 1 276. Minister may provisionally grant licence 1 277. Section number not used 1 278. Matters to be specified in the licence 1 279. Applicant must be notified 1 280. Amendment of conditions 1 281. Amendment of security requirements 1 282. Extension of primary payment period 1 283. Acceptance of grant of works licence 1 284. Conditions applicable to works licence on grant 1 285. Lapse of provisional grant of works licence 1 Division 3 — Duration of works licence 286. Initial term of works licence 1 287. Term of renewal of works licence 1 288. Effect of application for renewal on term of works licence 1 Division 4 — Application for and grant of renewal of works licence 289. Application for renewal of works licence 1 290. When application to be made 1 291. How to apply for renewal 1 292. Payment of fee 1 293. Section number not used 1 294. Provisional renewal of works licence 1 295. Section number not used 1 296. Applicant must be notified 1 297. Amendment of conditions 1 298. Amendment of security requirements 1 299. Extension of primary payment period 1 300. Acceptance of renewal of works licence 1 301. Conditions applicable to works licence on renewal 1 302. Lapse of provisional renewal of works licence 1 Division 5 — Obligations associated with works licence 303. General 1 304. Conditions of works licence 1 305. No conditions requiring payment of money 1 306. Variation of conditions 1 307. Exemption from or suspension of conditions 1 308. Work practices 1 309. Licence holder must keep specified records etc. 1 310. Licence holder must assist inspectors 1 Division 6 — Expiry of works licence 311. General 1 312. Voluntary surrender of works licence 1 313. Cancellation of works licence 1 314. Obligations of former works licence holders and former associates 1 Part 2.6 — Special purpose consents 315. Special purpose consents 1 316. Activities authorised by a special purpose consent 1 317. Application for a consent 1 318. How to apply 1 319. Payment of fee 1 320. Applicant must obtain agreement of exploration, retention and mining licence holders affected by the application 1 321. Applicant to notify works licence holders affected by the application 1 322. Section number not used 1 323. Minister may grant special purpose consent 1 324. Section number not used 1 325. Matters to be specified in the consent 1 326. Duration of consent 1 327. Conditions of consent 1 Chapter 3 — Registration and Dealings Part 3.1 — Registration Division 1 — Preliminary 328. Register to be kept 1 329. Document files to be kept 1 330. Form of register and document file 1 331. Correction of errors in the register 1 332. Inspection of register and documents 1 Division 2 — Matters to be entered in register Subdivision A — Licences 333. Licences 1 334. Renewal of licences 1 335. Extension of exploration licences 1 336. Expiry of licences 1 337. Variations etc. to licences 1 338. Transfer of licences 1 339. Other dealings in licences 1 340. Devolution of licences 1 Subdivision B — Caveats 341. Effect of a caveat 1 342. Lodgment of caveats 1 343. Form of caveat 1 344. Payment of fee 1 345. Caveat to be registered 1 346. Withdrawal of caveat 1 347. Form of withdrawal 1 348. Duration of caveat 1 349. Notice to caveat holder 1 350. Caveat holder may consent to registration 1 351. Orders that can be made by a court in relation to caveats 1 Division 3 — Miscellaneous 352. Fees for registration 1 352A. Exemption from duty 1 353. Protection from legal actions 1 354. Application to court for correction of register 1 355. Appeals against determinations under section 352 1 356. Section number not used 1 357. Evidentiary value of register 1 358. Certified copy of document on document file 1 359. Certification of registration action 1 Part 3.2 — Dealings in licences Division 1 — Dealings in licences to be in writing and registered 360. Dealings in licences to be in writing 1 361. Dealings in interests in licences not effective until registered 1 Division 2 — Approval of transfer of licences 362. Transfers require approval by Minister 1 363. Application for approval of transfer 1 364. Minister may ask for further information 1 365. Minister's response to application for approval 1 366. Protection from legal actions 1 Chapter 4 — Administration Part 4.1 — Information management 367. Minister may ask person for information 1 368. Power to ask person to appear 1 369. Power to examine on oath or affirmation 1 370. Minister may ask for documents 1 371. Minister may ask for samples 1 372. Obligation to comply with request under section 367, 368, 369, 370 or 371 1 373. Immunity from use of information etc. given in response to request under section 367, 368, 369, 370 or 371 1 374. Restrictions on release of confidential material 1 375. Circumstances in which confidential material may be released 1 376. Certain reports to be made available 1 Part 4.2 — Monitoring and enforcement Division 1 — Inspections 377. Compliance inspections 1 378. Powers exercisable in course of inspection 1 379. Inspection of licence‑related premises etc. without warrant 1 380. Inspection of other premises etc. with occupier's consent 1 381. Inspection of other premises etc. with warrant 1 382. Procedure for obtaining warrant 1 383. Further provisions as to exercise of powers under warrant 1 384. Occupier to cooperate with inspector 1 Division 2 — Directions 385. Directions by Minister must be obeyed 1 386. Scope of directions 1 387. Minister may give directions 1 388. Direction may incorporate material in another document 1 389. Direction may impose absolute prohibition 1 390. Direction may extend to associates 1 391. Holder to give notice of direction to associates 1 392. Power to give directions after licence etc. ends 1 393. Effect of directions on other instruments 1 394. Minister may specify time for compliance 1 395. Minister may take action if holder fails to comply 1 396. Costs incurred by Minister in taking action under section 395 1 397. Defences to actions to recover debts 1 Division 3 — Securities 398. Securities 1 399. Determination of requirement to lodge security 1 400. Application of security 1 Division 4 — Restoration of environment 401. Removal of property from coastal waters 1 402. Rehabilitation of damaged areas 1 Division 5 — Safety zones 403. Declaration of safety zone around a structure or equipment 1 404. Effect of declaration of safety zone 1 405. – 420. Section numbers not used 1 Part 4.3 — Inspectors 421. Appointment of inspectors 1 422. Identity cards 1 423. Return of identity card 1 Part 4.4 — Licence fees and royalty Division 1 — Licence fees 424. Definition 1 425. Licence fees 1 426. Limit on amount of fees 1 427. Time for payment 1 Division 2 — Royalty 428. Definition 1 429. Royalty 1 430. Rate of royalty 1 431. Reduction of royalty in certain cases 1 432. Fixing of landed value 1 433. Fixing of quantity 1 434. Time for payment 1 435. State to pay 40% of royalties to Commonwealth 1 Division 3 — Penalties and recovery 436. Penalty if fee or royalty overdue 1 437. Fees etc. recoverable as debts 1 Chapter 5 — Miscellaneous 438. State functions under Part 5.1 of Commonwealth Act 1 439. Minister's approval required for certain transactions under Land Administration Act 1997 1 440. Delegation by Minister 1 441. False statements 1 442. Service of documents on licence holders etc. 1 443A. Certain things are not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth) 1 443. Regulations 1 444. Savings and transitional provisions 1 Schedule 1 — Area in which coastal waters are situated Schedule 2 — Savings and transitional provisions 1. Interpretation 1 2. Existing exploration licences under Mining Act for coastal waters 1 3. Existing mining leases under Mining Act for coastal waters 1 4. Existing exploration licences under Mining Act that relate both to coastal waters and to other areas 1 5. Existing mining leases under Mining Act that relate both to coastal waters and to other areas 1 6. Registration 1 7. Document file 1 8. Securities 1 9. Licence fees 1 10. Pending applications under Mining Act that relate only to coastal waters 1 11. Pending applications under Mining Act that relate both to coastal waters and other areas 1 12. Powers in relation to transitional provisions 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Offshore Minerals Act 2003 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 respect of Western Australia, and for related purposes. Chapter 1 — Introduction Part 1.1 — Legislative formalities and background 1. Short title This Act may be cited as the Offshore Minerals Act 2003. 2. Commencement This Act comes into operation on a day 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 manner provided by the Offshore Minerals Act 1994 of the Commonwealth, 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. Notes for this subsection: 1. So far as the agreement relates to petroleum, it is reflected in this State's legislation by the Petroleum (Submerged Lands) Act 1982. 2. Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To keep uniformity between this Act and the Commonwealth Act the numbers of the sections that are not relevant up to section 423 have not been used in the numbering of this Act. A section of this Act and the corresponding section of the Commonwealth Act up to section 423 will therefore have the same number. From section 424 onwards the two Acts differ significantly and uniformity of numbering has not been maintained. (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, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; and (b) the Petroleum (Submerged Lands) Act 1982 of this State. Notes for this subsection: 1. The Seas and Submerged Lands Act 1973 — (a) 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; (b) gives the Governor‑General power to declare, by Proclamation, the limits of the territorial sea; (c) 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 respect of the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; (d) declares and enacts that the sovereign rights of Australia as a coastal State in respect of 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; (e) gives the Governor‑General power to declare, by Proclamation, the limits of the Continental Shelf of Australia. 2. The Coastal Waters (State Powers) Act 1980 was enacted following a request from the Parliaments of all the States under paragraph 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. 3. The Coastal Waters (State Title) Act 1980 vests in each State certain property rights in the seabed beneath the coastal waters of the State. 4. The Petroleum (Submerged Lands) Act 1967 of the Commonwealth 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. Part 1.2 — Interpretation Division 1 — General 4. Notes in the text Notes and diagrams in this Act are provided to assist understanding and do not form part of the Act. 5. Interpretation In this Act, unless the contrary intention appears — approved means approved by the Minister under section 41; associate has the meaning given by section 26(1); associated agent of an associated contractor has the meaning given by section 26(4); associated agent of the holder has the meaning given by section 26(3); associated contractor of the holder has the meaning given by section 26(2); associated employee of an associated contractor has the meaning given by section 26(6); associated employee of the holder has the meaning given by section 26(5); block means a portion of the coastal waters constituted according to section 17; caveat on a licence means a caveat against — (a) the registration of dealings in relation to the licence; or (b) the registration of a person as a holder of the licence under section 340; coastal waters has the meaning given by section 16(1) and (2); Commonwealth Act means the Offshore Minerals Act 1994 of the Commonwealth; Commonwealth Minister means a Minister of State for the Commonwealth; compliance inspection has the meaning given by section 377; confidential information has the meaning given by section 27; confidential sample has the meaning given by section 28; consent area means the block or blocks specified in a special purpose consent; dealing in a licence means a transaction that creates, transfers, affects or otherwise deals with an interest in the licence and includes — (a) a transfer of the licence; and (b) a transfer of a share in the licence, but does not include a document that comes within section 337(1) other than a document by which a block or a licence is surrendered; discrete area has the meaning given by section 21; document file means a document file kept for the purposes of Part 3.1; exploration has the meaning given by section 23; holder of a licence has the meaning given by section 25(1); hydrocarbon means a hydrocarbon whether in a gaseous, liquid or solid state; inspector means an inspector appointed under section 421; interest, in relation to a licence, includes — (a) an equitable interest in the licence; and (b) a security interest in the licence; licence means — (a) an exploration licence; or (b) a retention licence; or (c) a mining licence; or (d) a works licence; licence area means the block or blocks covered by a licence; licence holder has the meaning given by section 25(1); mineral has the meaning given by section 22; offshore exploration or mining activities means — (a) the exploration for minerals in coastal waters; or (b) the recovery of minerals from coastal waters; or (c) activities carried out in coastal waters under a works licence; offshore mining register means a register kept for the purposes of Part 3.1; petroleum means — (a) a hydrocarbon or a mixture of hydrocarbons; or (b) a mixture of one or more hydrocarbons and one or more of the following — (i) hydrogen sulphide; (ii) nitrogen; (iii) helium; (iv) carbon dioxide; primary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which the applicant is given a written notice — (a) in the case of the grant of an exploration licence, under section 66; and (b) in the case of the renewal of an exploration licence, under section 110; and (c) in the case of the grant of a retention licence, under section 147; and (d) in the case of the renewal of a retention licence, under section 169; and (e) in the case of the grant of a mining licence, under section 210; and (f) in the case of the renewal of a mining licence, under section 246; and (g) in the case of the grant of a works licence, under section 279; and (h) in the case of the renewal of a works licence, under section 296; provisional holder means a person who has been provisionally granted a licence; recovery has the meaning given by section 24; registered means registered in an offshore mining register; Registration Fees Act means the Offshore Minerals (Registration Fees) Act 2003;` reserved block means a block that is declared to be reserved under section 18; responsible Commonwealth Minister means the Commonwealth Minister who is responsible for the administration of the Commonwealth Act; sample of the seabed or subsoil includes a core or cutting from the seabed or subsoil; secondary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which an extension of the primary payment period for the grant or renewal concerned ends; share in a licence has the meaning given by section 6(1), (2) and (3); special purpose consent means a consent granted under Part 2.6; standard block has the meaning given by section 19; State Minister means — (a) a Minister of State for a State; or (b) a Minister of State for the Northern Territory; successor licence to a licence has the meaning given by section 8; surrender day for an exploration licence means — (a) the day on which the initial term of the licence ends; or (b) a day on which the term of a renewal of the licence ends; tender block has the meaning given by section 20; transfer — (a) when used in relation to a licence, has the meaning given by section 7(1); and (b) when used in relation to a share in a licence, has the meaning given by section 7(2) and (3); vary a licence condition includes revoke or suspend. 5A. Relationship with Environmental Protection Act 1986 This Act is to be read and construed subject to the Environmental Protection Act 1986, so that if a provision of this Act is inconsistent with a provision of that Act, the provision of this Act is, to the extent of the inconsistency, taken to be inoperative. 6. Shares in a licence (1) A person has a share in a licence if the person is the holder, or one of the holders, of the licence. (2) If a holder is entitled to a particular percentage of the value of the rights conferred by a licence, that percentage is the holder's share in the licence. Note: A sole holder has a 100% share in the licence. (3) If — (a) a person is a registered holder of a licence; and (b) the person is shown in an offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the licence, the person's share in the licence is taken to be the percentage specified in the register. 7. Transfer of a licence (1) For the purposes of this Act, a licence is transferred if — (a) the licence has only one holder and the holder transfers the whole of the licensee's interest in the licence to another person or other persons; or (b) the licence has 2 or more holders and the holders all transfer the whole of their interests in the licence to another person or other persons. (2) For the purposes of this Act, a share in a licence is transferred if — (a) the licence has only one holder and the holder transfers a part of the holder's share in the licence to another person or other persons; or (b) the licence has 2 or more holders and — (i) some, but not all, of the holders transfer the whole of their shares in the licence to another person; or (ii) some or all of the holders transfer a part of their shares in the licence to another person. (3) The other person referred to in subsection (2)(b) may be an existing licence holder. 8. Successor licences (1) If — (a) a mining licence takes effect immediately after an exploration licence expires; and (b) the holder of the mining licence immediately after it takes effect was the holder of the exploration licence immediately before it expired, the mining licence is a successor licence to the exploration licence. (2) If — (a) a retention licence takes effect immediately after an exploration licence expires; and (b) the holder of the retention licence immediately after it takes effect was the holder of the exploration licence immediately before it expired, the retention licence is a successor licence to the exploration licence. (3) If — (a) a mining licence takes effect immediately after a retention licence expires; and (b) the retention licence took effect immediately after an exploration licence expired; and (c) the holder of the mining licence immediately after it takes effect was the holder of the retention licence immediately before it expired; and (d) the holder of the retention licence immediately after it took effect was the holder of the exploration licence immediately before it expired, the mining licence is a successor licence to the exploration licence and the retention licence. 9. Section number not used See note 2 to section 3(1). 10. Position on the Earth's surface (1) Where, for the purposes of this Act or a subordinate instrument, it is necessary to determine the position on the surface of the Earth of a point, line or area, that position is to be determined by reference to the prescribed Australian datum. (2) In subsection (1) — subordinate instrument means — (a) the regulations; or (b) an instrument under this Act or the regulations. (3) A datum may be prescribed for all or some of the purposes referred to in subsection (1), and different datums may be prescribed for different purposes. (4) Regulations that prescribe a datum for a purpose referred to in subsection (1), or amend that datum or prescribe another datum to replace that datum, may make any transitional or savings provisions that are necessary or convenient to be made — (a) in relation to licences granted before the regulations take effect (including licences referred to in Schedule 2); or (b) in relation to applications for licences pending when the regulations take effect (including applications referred to in Schedule 2); or (c) for any other purpose. (5) Regulations referred to in subsection (4) may modify or otherwise affect the operation of this Act. 11. Section number not used See note 2 to section 3(1). 12. Power to vary 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 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 so much of the area described in Schedule 1 as is 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 licence 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 licence (and any successor licence) remains in force. (5) If — (a) a licence under the Commonwealth Act has been granted on the basis that an area is within the offshore area under the Commonwealth Act; 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 — (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 licence under the Commonwealth Act (and any successor licence within the meaning in that Act) remains in force. (7) This Act has effect subject to section 9A of the Mining Act 1978. (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 determined under section 7(1)(b) of the Seas and Submerged Lands Act 1973 of the Commonwealth. 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. 2. The following diagram illustrates the coastal waters of the State — 17. Blocks This is how a 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 block. Note: The following diagram shows how a block is constituted. Each block is identified by giving the name of the plan in the 1:1 000 000 map series, an identifying number of the 5 minute primary block and a letter identifying the one minute block. The block in the diagram is 72 (e) on the Broome sheet. 18. Reserved block (1) Subject to subsection (2), the Minister may declare that a block in coastal waters is a reserved block. Note: 1. A reserved block may be put up for tender by the Minister publishing in the Gazette a tender block licence notice (see sections 74 and 218). 2. Section 10(c) of the Interpretation Act 1984 allows a single declaration under this subsection to be made in respect of 2 or more blocks. (2) A declaration under subsection (1) must not be made in relation to a block if — (a) a licence over that block is in force; or (b) an application for a licence over that block has been made and has not been determined. (3) A declaration under subsection (1) must be made by notice published in the Gazette. 19. Standard block A standard block is a block that is not the subject of a declaration under section 18(1). 20. Tender block A tender block is a block that is the subject of a tender block licence notice published by the Minister under section 74 or section 218. 21. Discrete area (1) A group of blocks forms a discrete area if the area formed by the blocks is continuous. (2) Two blocks that are joined at one 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. Note: This Act does not apply to petroleum (see section 35). (2) Without limiting subsection (1), a mineral may be in the form of sand, gravel, clay, limestone, rock, evaporites, shale, oil‑shale or coal. 23. Exploration (1) For the purposes of this Act, exploration for minerals includes any activity that is directly related to the exploration for minerals. (2) For the purposes of this Act, exploration does not include the exploration for minerals of the subsoil of coastal waters that is carried out by means of underground mining from land in the State if that exploration is carried out in accordance with the Mining Act 1978. 24. Recovery (1) For the purposes of this Act, recovery of minerals includes any activity that is directly related to the recovery of minerals. (2) For the purposes of this Act, recovery does not include the recovery of minerals from the subsoil of coastal waters that is carried out by means of underground mining from land in the State if that exploration is carried out in accordance with the Mining Act 1978. 25. Licence holder (1) References in this Act to the holder of a licence or the licence holder are references to the person whose name is entered in the offshore mining register as the person who holds the licence. Note: 1. This Act is based upon the grant and registration of licences. 2. If a licence is granted to a person, that person's name is entered in the register (see section 333). 3. The entry in the register in relation to a licence will be varied if there is a change in the holder of the licence (see section 338(4)). (2) A licence may be held by more than one person. 26. Associates (1) For the purposes of this Act, the following are the associates of a licence 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 licence; 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 licence. (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 licence. (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 licence. (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 licence. (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 licence. 27. Confidential information (1) For the purposes of this Act, information is confidential information if — (a) a licence 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 licence; and (d) it relates to an area of the seabed or subsoil that is covered by the licence or a successor licence to the licence. (2) However, if — (a) a person is required to give the Minister a report in relation to particular blocks; and (b) the person gives the Minister a report that relates not only to those blocks but also to other blocks; and (c) the Minister is required to make the report available under section 376, the information that relates to those other blocks is not confidential information. 28. Confidential sample For the purposes of this Act, a sample is a confidential sample if — (a) a licence holder has given it to the Minister; and (b) it was recovered in the course of activities authorised by the licence; and (c) it was recovered from an area of the seabed or subsoil that is covered by the licence or a successor licence to the licence. Part 1.3 — Administration of the Commonwealth‑State offshore area 29. Definitions In this Part — associated revenue Act has the same meaning as in the Commonwealth Act; Commonwealth‑State offshore area means the Commonwealth‑State offshore area in respect of the State within the meaning of section 13 of the Commonwealth Act. 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 section 32(2) of the Commonwealth Act; or (b) as the Designated Authority for that area provided for by section 29(2) of that Act. (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 A public service officer within the meaning of the Public Sector Management Act 1994 to whom a delegation is made under section 419 of the Commonwealth Act 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. For "petroleum" see section 5. 2. Offshore petroleum exploration and mining are regulated by the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the Petroleum (Submerged Lands) Act 1982 of this State. 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 Western Australia. (2) This Act applies to all corporations, including — (a) corporations that are not taken to be registered under the Corporations Act 2001 of the Commonwealth in Western Australia; and (b) corporations that do not carry on business in Western Australia. 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 licence or special purpose consent granted under this Act. Maximum penalty: $30 000. Note: 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. Section 38A(2) requires the consent of Parliament to be obtained to the provisional grant under section 206, 225 or 231 of a mining licence over a marine nature reserve or a marine park. 38A. Exploration and mining in marine reserves and fish habitat protection areas (1) Nothing in section 13A, 13B or 13C of the Conservation and Land Management Act 1984 — (a) prevents a licence or special purpose consent from being applied for, granted, held or renewed; or (b) affects the validity or effect of a licence or special purpose consent, over an area in a marine nature reserve, marine park or marine management area. (2) Despite sections 206, 225 and 231, a mining licence over a marine nature reserve or marine park, or part of such a reserve or park, may be provisionally granted under those sections — (a) only if both Houses of Parliament by resolution consent to the provisional grant; and (b) on such terms and conditions as are specified in the resolution. (3) Despite — (a) the grant of a licence or special purpose consent; or (b) any provision of this Act, offshore exploration or mining activities may be carried out under the licence or consent in a marine nature reserve or marine park only with the written consent of the Minister who may — (c) refuse consent; or (d) give consent subject to such terms and conditions as he or she specifies in the consent. (4) Before giving consent under subsection (3), whether conditionally or unconditionally, the Minister must — (a) consult, and obtain the concurrence of, the conservation Minister; and (b) consult and obtain the recommendations of the fisheries Minister and the marine Minister. (5) Despite — (a) the grant of a licence or special purpose consent; or (b) any provision of this Act, offshore exploration or mining activities may be carried out under the licence or consent in a marine management area only with the written consent of the Minister who may — (c) refuse consent; or (d) give consent subject to such terms and conditions as he or she specifies in the consent. (6) Before giving consent under subsection (5), whether conditionally or unconditionally, the Minister must consult and obtain the recommendations of the conservation Minister, the fisheries Minister and the marine Minister. (7) Nothing in this Act authorises, or enables the Minister to authorise or consent to, the disturbance of — (a) the seabed; or (b) subsoil below the seabed to a depth of 200 metres, in a marine nature reserve or a restricted area in respect of which a licence or special purpose consent is in force. (8) Subsection (7) applies only if the marine nature reserve or restricted area was in existence when the licence or special purpose consent was granted. (9) Despite — (a) the grant of a licence or special purpose consent; or (b) any provision of this Act, offshore exploration or mining activities may be carried out under the licence or consent in a fish habitat protection area only with the written consent of the Minister who may — (c) refuse consent; or (d) give consent subject to such terms and conditions as he or she specifies in the consent. (10) Before giving consent under subsection (5), whether conditionally or unconditionally, the Minister must consult and obtain the recommendations of the fisheries Minister and the marine Minister. (11) In this section — conservation Minister means the Minister for the time being administering the Conservation and Land Management Act 1984; fish habitat protection area has the meaning given to it by the Fish Resources Management Act 1994; fisheries Minister means the Minister for the time being administering the Fish Resources Management Act 1994; marine management area, marine nature reserve and marine park have the meanings given to them by the Conservation and Land Management Act 1984; marine Minister means the Minister for the time being administering the Marine and Harbours Act 1981; restricted area means any area of a marine park which is classified by notice under section 62 of the Conservation and Land Management Act 1984 as — (a) a sanctuary area; or (b) a recreation area; or (c) a special purpose area which, or that part of such an area which, the conservation Minister has declared in the classification notice to be an area where disturbance of the seabed or subsoil would be incompatible with a conservation purpose specified in the classification notice. 38B. Consultation with other Ministers Before granting a licence or special purpose consent, the Minister must consult and obtain the recommendations of — (a) the Minister for the time being administering the Environmental Protection Act 1986; and (b) the Minister for the time being administering the Fish Resources Management Act 1994; and (c) the Minister for the time being administering the Land Administration Act 1997; and (d) the Minister for the time being administering the Marine and Harbours Act 1981; and (e) the Minister for the time being administering the Pearling Act 1990. 39. Licences and consents available under this Act This Act provides for the grant of — (a) exploration licences (see Part 2.2); and (b) retention licences (see Part 2.3); and (c) mining licences (see Part 2.4); and (d) works licences (see Part 2.5); and (e) special purpose consents (see Part 2.6). Note: 1. An exploration licence is designed to cover the exploration phase of a project and authorises — (a) exploration; and (b) the recovery of mineral samples. 2. A retention 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 — (a) exploration; and (b) the recovery of minerals but not as part of a commercial mining operation. 3. A mining licence is designed to cover the commercial mining phase of a project and authorises — (a) exploration; and (b) full commercial recovery. 4. A project might make use of any of the following 3 licence arrangements — (a) an exploration licence leading to a mining licence; (b) an exploration licence leading to a retention licence and then a mining licence; (c) a mining licence (without progressing through an exploration/retention licence stage). 5. A licence is granted over a particular area (constituted by blocks). The licence holder may need to carry out engineering or other activities outside the licence area. If so, the licence holder or someone else must obtain a works licence to carry out those activities. 6. If a person wants to carry out — (a) a scientific investigation; or (b) a reconnaissance survey; or (c) 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. 7. Even though a person has a licence 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 licence (1) The following 3 steps must occur before a licence comes into force — (a) provisional grant of the licence; (b) proper acceptance of the grant; (c) registration of the grant. Note: 1. See sections 88, 154, 232 and 286. 2. Section 38A(2) requires the consent of Parliament to be obtained to the provisional grant under section 206, 225 or 231 of a mining licence over a marine nature reserve or a marine park. (2) If a licence 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 licence comes into force — (a) provisional renewal of the licence; (b) proper acceptance of the renewal; (c) registration of the renewal. Note: See sections 89, 155, 233 and 287. (4) If a licence 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 and manner of applications etc. (1) The Minister may approve the form and the manner in which the following are to be made — (a) applications for licences over blocks in coastal waters; (b) applications for the renewal of licences over blocks in coastal waters. (2) An approval under subsection (1) is to be made in writing. 42. Rights to minerals recovered (1) Any minerals recovered by a licence holder or special purpose consent holder from a block covered by the licence or consent become the property of the holder when they are recovered. (2) If the licence 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 licence or consent holder transfers to the other person. 43. Effect of grant of licence or special purpose consent on native title (1) The grant of a licence or special purpose consent does not extinguish native title in the licence or consent area. (2) While a licence or special purpose consent is in force over an area, native title in the area is subject to the rights conferred by the licence or consent. (3) If compensation is payable to native title holders for or in respect of the grant of a licence or special purpose consent, the person liable to pay the compensation is — (a) if an amount is to be paid and held in trust, the applicant for the grant of, or the holder of, the licence or consent at the time the amount is required to be paid; or (b) otherwise, the applicant for the grant of, or the holder of, the licence or consent at the time a determination of compensation is made. (4) If, at the relevant time, there is no holder of the licence or consent because the licence or consent has been surrendered or forfeited or has expired, a reference in subsection (3) to the holder of the licence or consent is a reference to the holder of the licence or consent immediately before its surrender, forfeiture or expiry. (5) In subsection (3) — grant includes renewal. (6) Expressions relating to native title have the same meanings in this section and section 44 as they have in the Native Title Act 1993 of the Commonwealth. 44. Licence etc. does not authorise unnecessary interference with other activities in the licence area (1) A person who carries out activities in coastal waters under a licence 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, pearling or aquaculture; 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 licence or consent; or (g) the performance of the person's duties under the licence or consent. Maximum penalty: $10 000. Note: The person referred to here might be the licence holder or consent holder or might be an associated person. (2) In subsection (1)(1)(c) — aquaculture and fishing have the same meanings as they have in the Fish Resources Management Act 1994; pearling has the same meaning as it has in the Pearling Act 1990. Part 2.2 — Exploration licences Division 1 — General 45. Exploration licences (1) This Part provides for the grant of exploration licences over blocks in coastal waters. (2) An exploration licence may be granted over a standard block (see Division 2) or over a tender block (see Division 3). Note: A tender block is a block that has been declared available for tender. A standard block is any block that is not a reserved block (see sections 19 and 20). 46. Activities authorised by an exploration licence (1) Subject to subsection (2), an exploration licence holder may — (a) explore for minerals in the licence area; and (b) take samples of minerals in the licence area. Note: 1. Under section 23(1) the concept of "exploration" extends to activities that are directly related to exploration. 2. Under section 38A(3) and (5) the consent of the Minister is required to the carrying out of offshore exploration or mining activities in a marine nature reserve, marine park or marine management area. Section 38A(7) and (8) also contain provisions about the disturbance of certain parts of marine nature reserves and restricted areas. (2) If the licence is expressed to restrict the kind of minerals covered by the licence, the holder is not permitted to explore for, or to take samples of, minerals not covered by the licence. (3) A restriction on the kind of minerals covered by the licence may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C). (4) For the purposes of 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 licence without compensation No compensation is payable because of the cancellation or non‑renewal of an exploration licence by the Minister. Note: 1. The Minister may cancel the licence under section 130. 2. The Minister may refuse under section 108 to renew the licence. 48. Licence rights may be suspended (1) The Minister must suspend particular rights conferred by an exploration licence 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 licence; or (b) ends a suspension, the Minister must give the licence holder a written 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 licence. (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 licence 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 licence 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 Supreme Court, the State must pay the person the amount of compensation (if any) that is determined by that court. (3) In this section — acquisition of property has the same meaning as it has in section 51(xxxi) of the Commonwealth Constitution. Division 2 — Application for and grant of exploration licence over standard blocks 50. Application for exploration licence over standard block (1) A pers