Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 209

209 Contravention by holder of mineral development licence

(1) If the Minister considers that the holder of a mineral development licence—

(a) has carried out activities that are not bona fide for the purposes for which the mineral development licence 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 mineral development licence, other than a condition with respect to matters referred to in subsection (2) (a) or (b) ;

the Minister may—

(d) cancel the mineral development licence; or

(e) impose on the holder a penalty not exceeding 1,000 penalty units.

(2) If the Minister considers that the holder of a mineral development licence—

(a) in any rental year has failed after notice given to the holder in accordance with section 193 (5) to pay before 1 December of that rental year the amount of the rental payable under that section by that date in respect of that mineral development licence; or

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

the Minister may cancel the mineral development licence and shall notify the holder and each person who currently holds a recorded interest in respect of the mineral development licence 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 mineral development licence, called upon the holder to show cause within the time specified therein why the mineral development licence 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 respect of the mineral development licence and such cause has not been shown to the satisfaction of the Minister.

(4) When the Minister pursuant to this section cancels a mineral development licence the Minister shall notify the holder and every person who holds a recorded interest in respect of the mineral development licence accordingly.

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