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MINERAL RESOURCES ACT 1989 - SECT 175
Chief executive may recommend action to ease concerns or other action
175 Chief executive may recommend action to ease concerns or other action
(1) If the chief executive considers an exploration permit holder should take
action to ease concerns of an owner of land or another exploration permit
holder, or should take some other action, the chief executive may recommend
the action to the Minister.
(2) The Minister may give the exploration permit
holder the directions the Minister considers appropriate about the recommended
action.
(3) A failure by the holder to comply with the Minister’s
directions is taken to be a breach of a condition of the exploration permit.
(4) If the Minister gives a direction under subsection (2) , the chief
executive must give a copy to— (a) if the recommended action under
subsection (1) relates only to native title protection conditions under
section 141AA —any person identified in the conditions as a native title
party; or
(b) if the recommended action under subsection (1) relates only
partly to the native title protection conditions— (i) any person identified
in the conditions as a native title party; and
(ii) the owner of the land; or
(c) otherwise—the owner of the land.
(5) If the recommended action under
subsection (1) is action to ease concerns of an owner of land or another
exploration permit holder, the chief executive must give the land’s owner
and the exploration permit holder written notice of— (a) the substance of
any recommendation made to the Minister under subsection (1) or, if the chief
executive decides not to make a recommendation, the chief executive’s
decision; and
(b) any other action the chief executive has taken to ease the
concerns of the owner or exploration permit holder.
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