Offshore Minerals Act 2000 (SA)

South Australia Offshore Minerals Act 2000 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 South Australia, and for related purposes. Contents Chapter 1—Introduction Part 1.1—Legislative formalities and background 1 Short title 3 Commonwealth-State agreement (the Offshore Constitutional Settlement) Part 1.2—Interpretation Division 1—General 4 Notes in the text 5 Interpretation 5A Licence or other right is not personal property for the purposes of Commonwealth Act 6 Shares in a licence 7 Transfer of a licence 8 Successor licences 9 Section number not used 10 Position on the Earth's surface 11 Section number not used 12 Power to vary and revoke instruments Division 2—Basic concepts 13 to 15 Section numbers not used 16 Coastal waters, and effect of change in baseline 17 Blocks 18 Reserved block 19 Standard block 20 Tender block 21 Discrete area 22 Minerals 23 Exploration 24 Recovery 25 Licence holder 26 Associates 27 Confidential information 28 Confidential sample Part 1.3—Administration of the Commonwealth-State offshore area 29 Definitions 30 Minister as member of Joint Authority, or as Designated Authority 31 State officer acting under delegation 32 to 34 Section numbers not used Part 1.4—Application of this Act 35 Act does not apply to exploration for or recovery of petroleum 36 Section number not used 37 Act applies to all individuals and corporations Part 1.5—Interaction with Marine Parks Act 2007 37A Interaction with Marine Parks Act 2007 Chapter 2—Regulation of offshore exploration and mining Part 2.1—General 38 General prohibition on exploring and mining without appropriate authorisation 39 Licences and consents available under this Act 40 Steps involved in the grant of a fully effective licence 41 Approval of form and manner of applications etc 42 Rights to minerals recovered 43 Effect of grant of licence or special purpose consent on native title 44 Licence etc does not authorise unnecessary interference with other activities in the licence area Part 2.2—Exploration licences Division 1—General 45 Exploration licences 46 Activities authorised by an exploration licence 47 Minister may cancel or not renew exploration licence without compensation 48 Licence rights may be suspended 49 Compensation for acquisition of property due to suspension of rights Division 2—Application for and grant of exploration licence over standard block 50 Application for exploration licence over standard block 51 Excluded blocks 52 Minister may determine that excluded block is available 53 Minister may allow application for more than one discrete area 54 How to apply 55 Effect of inclusion of unavailable block in application 56 Payment of fee 57 Application must be advertised 58 How multiple applications are dealt with 59 Discussions about blocks applied for 60 Advertising revised application 61 Request for further information 62 Section number not used 63 Minister may provisionally grant licence 64 Section number not used 65 Matters to be specified in the licence 66 Applicant must be notified 67 Amendment of conditions 68 Amendment of security requirements 69 Extension of primary payment period 70 Acceptance of grant of exploration licence for standard block 71 Conditions applicable to licence on grant 72 Lapse of provisional grant of exploration licence 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 74 Minister may invite applications for exploration licence over tender blocks 75 Tender block licence notice—exploration licence 76 Application for exploration licence over tender blocks 77 How to apply 78 Payment of fee 79 Request for further information 80 Section number not used 81 Minister may provisionally grant licence 82 Section number not used 83 Successful applicant must be notified 84 Acceptance of grant of exploration licence over tender blocks 85 Conditions applicable to licence on grant 86 Lapse of provisional grant of exploration licence 87 Provisional grant to next applicant if grant lapses Division 4—Duration of exploration licence 88 Initial term of exploration licence 89 Term of renewal of exploration licence 90 Effect of suspension of rights on term of exploration licence 91 Effect of application for renewal on term of exploration licence 92 Effect of application for retention licence or mining licence on term of exploration licence 93 Effect of application for extension on term of licence 94 Extension of licence—activities disrupted 95 Grant of licence extension—activities disrupted 96 Extension of licence—other circumstances 97 Grant of licence extension—other circumstances 98 Notification of decision Division 5—Voluntary surrender of part of exploration licence area 99 Voluntary surrender of blocks if discrete area remains 100 Voluntary surrender of blocks if up to 3 discrete areas remain Division 6—Application for and grant of renewal of exploration licence 101 Application for renewal of exploration licence 102 When application to be made 103 How to apply for renewal 104 Mandatory reduction of licence area on renewal of exploration licence 105 Request for further information 106 Payment of fee 107 Section number not used 108 Provisional renewal of an exploration licence 109 Section number not used 110 Applicant must be notified 111 Amendment of conditions 112 Amendment of security requirements 113 Extension of primary payment period 114 Acceptance of renewal of exploration licence 115 Conditions applicable to licence on renewal 116 Lapse of provisional renewal of exploration licence Division 7—Obligations associated with exploration licence 117 General 118 Conditions of exploration licence 119 No conditions requiring payment of money 120 Variation of conditions 121 Exemption from or suspension of conditions 122 Automatic suspension of conditions if licence rights are suspended 123 Work practices 124 Licence holder must keep specified records etc 125 Licence holder must assist inspectors Division 8—Expiry of exploration licence 126 General 127 Voluntary surrender of exploration licence 128 Automatic expiry of exploration licence when retention licence takes effect 129 Automatic expiry of exploration licence when mining licence takes effect 130 Cancellation of exploration licence 131 Obligations of former exploration licence holders and former associates Part 2.3—Retention licences Division 1—General 132 Retention licences 133 Activities authorised by a retention licence 134 Minister may cancel or not renew retention licence without compensation 135 Licence rights may be suspended 136 Compensation for acquisition of property due to suspension of rights Division 2—Application for and grant of retention licence 137 Application for retention licence 138 How to apply 139 Payment of fee 140 Application must be advertised 141 Request for further information 142 Section number not used 143 Minister may provisionally grant licence 144 Section number not used 145 Grounds for granting retention licence 146 Matters to be specified in the licence 147 Applicant must be notified 148 Amendment of conditions 149 Amendment of security requirements 150 Extension of primary payment period 151 Acceptance of grant of retention licence 152 Conditions applicable to licence on grant 153 Lapse of provisional grant of retention licence Division 3—Duration of retention licence 154 Initial term of retention licence 155 Term of renewal of licence 156 Effect of application for renewal on term of retention licence 157 Effect of application for mining licence on term of retention licence Division 4—Voluntary surrender of part of retention licence area 158 Voluntary surrender of blocks if discrete area remains Division 5—Application for and grant of renewal of retention licence 159 Application for renewal of retention licence 160 When application to be made 161 How to apply for renewal 162 Request for further information 163 Payment of fee 164 Section number not used 165 Provisional renewal of retention licence 166 Section number not used 167 Matters that may be taken into account 168 Refusal of application for renewal 169 Applicant must be notified 170 Amendment of conditions 171 Amendment of security requirements 172 Extension of primary payment period 173 Acceptance of renewal of retention licence 174 Conditions applicable to licence on renewal 175 Lapse of provisional renewal of retention licence Division 6—Obligations associated with retention licence 176 General 177 Conditions of retention licence 178 No conditions requiring payment of money 179 Variation of conditions 180 Exemption from or suspension of conditions 181 Automatic suspension of conditions if licence rights are suspended 182 Significant changes in circumstances to be reported to Minister 183 Work practices 184 Licence holder must keep specified records etc 185 Licence holder must assist inspectors Division 7—Expiry of retention licence 186 General 187 Voluntary surrender of retention licence 188 Automatic expiry of retention licence when mining licence takes effect 189 Cancellation of retention licence, breach of condition etc 190 Cancellation of retention licence, mining activities viable 191 Obligations of former retention licence holders and former associates Part 2.4—Mining licences Division 1—General 192 Mining licences 193 Activities authorised by a mining licence 194 Minister may cancel or not renew mining licence without compensation 195 Licence rights may be suspended 196 Compensation for acquisition of property due to suspension of rights Division 2—Application for and grant of mining licence over standard blocks 197 Application for mining licence over vacant standard block 198 Holder of exploration licence or retention licence may apply for mining licence 199 How to apply 200 Effect of inclusion of unavailable block in applications 201 Payment of fee 202 Application must be advertised 203 How multiple applications are dealt with 204 Request for further information 205 Section number not used 206 Minister may provisionally grant licence 207 Section number not used 208 Refusal of application for mining licence made under section 198 209 Matters to be specified in the licence 210 Applicant must be notified 211 Amendment of conditions 212 Amendment of security requirements 213 Extension of primary payment period 214 Acceptance of grant of mining licence for standard block 215 Conditions applicable to licence on grant 216 Lapse of provisional grant of mining licence 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 218 Minister may invite applications for mining licence over tender blocks 219 Tender block licence notice—mining licence 220 Application for mining licence over tender blocks 221 How to apply 222 Payment of fee 223 Request for further information 224 Section number not used 225 Minister may provisionally grant licence 226 Section number not used 227 Successful applicant must be notified 228 Acceptance of grant of mining licence over tender blocks 229 Conditions applicable to licence on grant 230 Lapse of provisional grant of mining licence 231 Provisional grant to next applicant if grant lapses Division 4—Duration of mining licence 232 Initial term of mining licence 233 Term of renewal of licence 234 Effect of application for renewal on term of mining licence Division 5—Voluntary surrender of part of mining licence area 235 Voluntary surrender of blocks if discrete area remains Division 6—Application for and grant of renewal of mining licence 236 Application for renewal of mining licence 237 When application to be made 238 How to apply for renewal 239 Request for further information 240 Payment of fee 241 Section number not used 242 Provisional renewal of mining licence 243 Section number not used 244 Matters that may be taken into account 245 Refusal of application for renewal 246 Applicant must be notified 247 Amendment of conditions 248 Amendment of security requirements 249 Extension of primary payment period 250 Acceptance of renewal of mining licence 251 Conditions applicable to licence on renewal 252 Lapse of provisional renewal of mining licence Division 7—Obligations associated with mining licence 253 General 254 Conditions of mining licence 255 No conditions requiring payment of money 256 Variation of conditions 257 Exemption from or suspension of conditions 258 Automatic suspension of conditions if licence rights are suspended 259 Work practices 260 Licence holder must pay royalty 261 Licence holder must keep specified records 262 Licence holder must assist inspectors Division 8—Expiry of mining licence 263 General 264 Voluntary surrender of mining licence 265 Cancellation of mining licence 266 Obligations of former mining licence holders and former associates Part 2.5—Works licences Division 1—General 267 Works licences 268 Activities authorised by a works licence 269 Minister may cancel or not renew works licence without compensation Division 2—Application for and grant of works licence 270 Application for works licence 271 How to apply 272 Payment of fee 273 Applicant to notify licence holders affected by the application 274 Application must be advertised 275 Section number not used 276 Minister may provisionally grant licence 277 Section number not used 278 Matters to be specified in the licence 279 Applicant must be notified 280 Amendment of conditions 281 Amendment of security requirements 282 Extension of primary payment period 283 Acceptance of grant of works licence 284 Conditions applicable to works licence on grant 285 Lapse of provisional grant of works licence Division 3—Duration of works licence 286 Initial term of works licence 287 Term of renewal of works licence 288 Effect of application for renewal on term of works licence Division 4—Application for and grant of renewal of works licence 289 Application for renewal of works licence 290 When application to be made 291 How to apply for renewal 292 Payment of fee 293 Section number not used 294 Provisional renewal of works licence 295 Section number not used 296 Applicant must be notified 297 Amendment of conditions 298 Amendment of security requirements 299 Extension of primary payment period 300 Acceptance of renewal of works licence 301 Conditions applicable to works licence on renewal 302 Lapse of provisional renewal of works licence Division 5—Obligations associated with works licence 303 General 304 Conditions of works licence 305 No conditions requiring payment of money 306 Variation of conditions 307 Exemption from or suspension of conditions 308 Work practices 309 Licence holder must keep specified records etc 310 Licence holder must assist inspectors Division 6—Expiry of works licence 311 General 312 Voluntary surrender of works licence 313 Cancellation of works licence 314 Obligations of former works licence holders and former associates Part 2.6—Special purpose consents 315 Special purpose consents 316 Activities authorised by a special purpose consent 317 Application for a consent 318 How to apply 319 Payment of fee 320 Applicant must obtain agreement of exploration, retention and mining licence holders affected by the application 321 Applicant to notify works licence holders affected by the application 322 Section number not used 323 Minister may grant special purpose consent 324 Section number not used 325 Matters to be specified in the consent 326 Duration of consent 327 Conditions of consent Chapter 3—Registration and dealings Part 3.1—Registration Division 1—Preliminary 328 Register to be kept 329 Document files to be kept 330 Form of register and document file 331 Correction of errors in the register 332 Inspection of register and documents Division 2—Matters to be entered in register Subdivision A—Licences 333 Licences 334 Renewal of licences 335 Extension of exploration licences 336 Expiry of licences 337 Variations etc to licences 338 Transfer of licences 339 Other dealings in licences 340 Devolution of licences Subdivision B—Caveats 341 Effect of a caveat 342 Lodgment of caveats 343 Form of caveat 344 Payment of fee 345 Caveat to be registered 346 Withdrawal of caveat 347 Form of withdrawal 348 Duration of caveat 349 Notice to caveat holder 350 Caveat holder may consent to registration 351 Orders that can be made by Supreme Court in relation to caveats Division 3—Miscellaneous 352 Section number not used 352A Section number not used 353 Protection from legal actions 354 Application to Supreme Court for correction of register 355 Section number not used 356 Section number not used 357 Evidentiary value of register 358 Certified copy of document on document file 359 Certification of registration action 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 361 Dealings in interests in licences not effective until registered Division 2—Approval of transfer of licences 362 Transfers require approval by Minister 363 Application for approval of transfer 364 Minister may ask for further information 365 Minister's response to application for approval 366 Protection from legal actions Chapter 4—Administration Part 4.1—Information management 367 Minister may ask person for information 368 Power to ask person to appear 369 Power to examine on oath or affirmation 370 Minister may ask for documents 371 Minister may ask for samples 372 Obligation to comply with request under section 367, 368, 369, 370 or 371 373 Immunity from use of information etc given in response to request under section 367, 368, 369, 370 or 371 374 Restrictions on release of confidential material 375 Circumstances in which confidential material may be released 376 Certain reports to be made available Part 4.2—Monitoring and enforcement Division 1—Inspections 377 Compliance inspections 378 Powers exercisable in course of inspection 379 Inspection of licence-related premises etc without warrant 380 Inspection of other premises etc with occupier's consent 381 Inspection of other premises etc with warrant 382 Procedure for obtaining warrant 383 Further provisions as to exercise of powers under warrant 384 Occupier to cooperate with inspector Division 2—Directions 385 Directions by Minister must be obeyed 386 Scope of directions 387 Minister may give directions 388 Direction may incorporate material in another document 389 Direction may impose absolute prohibition 390 Direction may extend to associates 391 Holder to give notice of direction to associates 392 Power to give directions after licence etc ends 393 Effect of directions on other instruments 394 Minister may specify time for compliance 395 Minister may take action if holder fails to comply 396 Costs incurred by Minister in taking action under section 395 397 Defences to actions to recover debts Division 3—Securities 398 Securities 399 Determination of requirement to lodge security 400 Application of security Division 4—Restoration of environment 401 Removal of property from coastal waters 402 Rehabilitation of damaged areas Division 5—Safety zones 403 Declaration of safety zone around a structure or equipment 404 Effect of declaration of safety 405 to 420 Section numbers not used Part 4.3—Inspectors 421 Appointment of inspectors 422 Identity cards 423 Return of identity card Part 4.4—Licence fees and royalty Division 1—Licence fees 424 Definition 425 Licence fees 426 Limit on amount of fees 427 Time for payment Division 2—Royalty 428 Definition 429 Royalty 430 Rate of royalty 431 Reduction of royalty in certain cases 432 Fixing of landed value 433 Fixing of quantity 434 Time for payment 435 State to pay 40 per cent of royalties to Commonwealth Division 3—Penalties and recovery 436 Penalty if fee or royalty overdue 437 Fees etc recoverable as debts Chapter 5—Miscellaneous 438 State functions under Part 5.1 of Commonwealth Act 439 Delegation by Minister 440 False statements 441 Service of documents on licence holders etc 442 Regulations Schedule 1—Area in which coastal waters are situated Legislative history The Parliament of South Australia enacts as follows: Chapter 1—Introduction Part 1.1—Legislative formalities and background 1—Short title This Act may be cited as the Offshore Minerals Act 2000. 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— 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— 1 The Seas and Submerged Lands Act 1973— • declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; • gives the Governor-General power to declare, by proclamation, the limits of the territorial sea; • declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in respect of the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth; • declares and enacts that the sovereign rights of Australia as a coastal State in 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; • 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 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 a holder has the meaning given by section 26(3); associated agent of an associated contractor has the meaning given by section 26(4); associated contractor of a 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 a 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; 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—Licence or other right is not personal property for the purposes of Commonwealth Act A right, entitlement or authority granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth. 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 per cent 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 succes