Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 386Y

386Y Person carrying out activity under s 386V contravening condition or this Act

(1) This section applies if, because of an investigation under section 386X or otherwise, the chief executive considers on reasonable grounds a person carrying out an activity under section 386V on land is contravening—

(a) a condition of carrying out the activity; or

(b) a provision of this Act.

(2) The chief executive may give the person a written notice—

(a) stating the chief executive considers the person is contravening the condition or the provision; and

(b) inviting the person to show cause, within the period stated in the notice, why the person’s authority to carry out the activity under section 386V should not end.

(3) If, after having regard to any submissions made under subsection (2) (b) , the chief executive still considers on reasonable grounds the person is contravening a condition of carrying out the activity under section 386V or a provision of this Act, the chief executive may give the person a written notice stating—

(a) the chief executive considers the person is contravening the condition or the provision; and

(b) under subsection (4) , the person is no longer authorised to carry out the activity on the land.

(4) A person given a notice under subsection (3) is no longer authorised to carry out the activity on the land.

(5) A person given a notice under subsection (3) may appeal to the Land Court against the chief executive’s decision to give the notice.

(6) Sections 39 to 42 apply to the appeal and, for that purpose, the person is an aggrieved person.