New South Wales Consolidated Acts

MINING ACT 1992 - SECT 125

125 Grounds of cancellation of authorities

(1) The decision-maker may cancel an authority as to the whole or any part of the land to which it relates--

(a) if the holder of the authority lodges with the Secretary a request that the decision-maker cancel the authority as to the whole or part of the land, or

(b) if the decision-maker is satisfied that the holder of the authority has contravened a provision of this Act or the regulations (whether or not the holder is prosecuted or convicted of any offence arising from the contravention), or

(c) if the decision-maker is satisfied that a person has contravened a condition of the authority (whether or not the person is prosecuted or convicted of any offence arising from the contravention), or

(d) if the decision-maker is satisfied that the holder of the authority provided false or misleading information in or in connection with an application for or with respect to the authority or any report provided under this Act, or

(e) if the decision-maker is satisfied that the holder of the authority has failed to comply with the requirements of any agreement or assessment under Part 13 in relation to the payment of compensation, or

(f) if the holder of the authority is convicted of any offence relating to mining or minerals, or

(g) if the decision-maker is satisfied that the holder of the authority has failed to use the land the subject of the authority in good faith for the purposes for which the authority has been granted, or has used the land for a purpose other than that for which the authority has been granted, or

(h) if the decision-maker is satisfied that there has been a contravention of a direction under section 240 or 240AA, or

(i) if the decision-maker is satisfied that the land is required for a public purpose.

(2) A request lodged with the Secretary for the cancellation of an authority as to part only of the land to which it relates must be accompanied by a description, prepared in the manner prescribed by the regulations, of the land in respect of which the authority is to be retained.

(3) Action may be taken under this section whether or not any other action has been taken in respect of the authority under this Act.