Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 197A

197A Decision on application

(1) The Minister may renew a mineral development licence if the Minister is satisfied of each of the following—

(a) the holder of the licence has complied with—

(i) the licence; and

(ii) this Act in relation to the licence;

(b) there exists on or in the land in relation to which the application is made a mineral occurrence of possible economic potential to sustain a mining operation;

(c) the activities proposed to be undertaken during the renewed term are appropriate;

(d) the financial and technical resources available to the holder to carry out the proposed activities during the renewed term are appropriate.

Note—

However, if the application relates to acquired land, see also section 10AAC .

(2) The renewal may be granted for the further term of not more than 5 years decided by the Minister.

(3) The renewed licence is subject to—

(a) any conditions prescribed under a regulation; and

(b) any conditions decided by the Minister, for the licence.

(4) Without limiting subsection (3) , the Minister may decide a condition of the renewed licence if the Minister considers the condition is in the public interest.

(5) The Minister may refuse to renew the licence if the Minister—

(a) has served on the holder a notice in the approved form asking the holder to show cause, within the period stated in the notice, why the renewal should not be refused; and

(b) after considering the holder’s response, is satisfied the renewal should be refused.

(6) Without limiting subsection (5) (b) , the Minister may refuse the renewal if the Minister considers the renewal is not in the public interest.

(7) As soon as practicable after deciding the application for the renewal, the Minister must give the holder a written notice stating—

(a) the decision; and

(b) if the decision is to grant the renewal on conditions, or to refuse the renewal, the reasons for the decision.