Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 160

160 Contravention by holder of exploration permit

(1) If the Minister considers that the holder of an exploration permit—

(a) has carried out activities that are not bona fide for the purposes for which the exploration permit was granted; or

(b) has failed to pay any moneys (other than rental) payable thereunder or in respect thereof by the due date for payment; or

(c) has failed to comply with any condition that is to be observed and performed by the holder under or in respect of the exploration permit, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ; or

(d) has failed to report to the Minister upon the discovery of any mineral as required by section 176 ;

the Minister may—

(e) cancel the exploration permit; or

(f) impose on the holder a penalty not exceeding 500 penalty units.

(2) If the Minister considers that the holder of an exploration permit—

(a) has failed to pay the rental payable thereunder by the date due for payment; or

(b) has failed to pay a penalty imposed on the holder pursuant to subsection (1) (f) within the time allowed for the payment by the Minister;

the Minister may cancel the exploration permit and shall notify the holder of the exploration permit and every person who currently holds a recorded interest in respect of the exploration permit accordingly.

(3) The Minister shall not act pursuant to subsection (1) until the Minister has, by notice in writing in the approved form served on the holder of the exploration permit, called upon the holder to show cause within the time specified therein why the exploration permit should not be cancelled or a penalty imposed and served a copy of the notice on every person who currently holds a recorded interest in the exploration permit and such cause has not been shown to the satisfaction of the Minister.

(4) When the Minister pursuant to this section cancels an exploration permit the Minister shall notify the holder and every person who holds a recorded interest in the exploration permit accordingly.

(5) For the purposes of this section a recorded interest in an exploration permit does not include an associated agreement recorded in the register under the Common Provisions Act .