Queensland Numbered Acts Queensland Numbered ActsChapter 4, part 3, heading--
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'(1) A permit holder may apply to renew the term of the permit (a renewal application) only if--
(a) annual rent on the permit and interest payable on the rent are not outstanding; and
(b) prescribed security is still in force for the permit.
'(2) Also, the application can not be made--
(a) more than 60 business days before the end of the term of the permit as stated in the permit (the original term); or
(b) after the permit has ended.
'(1) The application must--
(a) be in the approved form; and
(b) be lodged at--
(i) the office of the department for lodging extension applications, as stated in a gazette notice by the chief executive; or
(ii) if no office is gazetted under subparagraph (i)--the office stated in the approved form; or
(iii) if no office is gazetted under subparagraph (i) or stated under subparagraph (ii)--the office of the chief executive; and
(c) address the suitability criteria; and
(d) include a proposed later work program that complies with section 22; and
(e) be accompanied by the application fee prescribed under a regulation.
'(2) For subsection (1)(d), section 22 applies as if--
(a) a reference to a proposed work program were a reference to a later work program; and
(b) a reference to the proposed geothermal exploration permit were a reference to the permit for the term for which it is proposed to be renewed.
'(1) This section applies if the original term ends before the application is decided.
'(2) Despite the ending of the term, the permit continues in force until the earliest of the following to happen--
(a) if the application is granted--the start of the term for which the permit is, under section 52H, decided to be renewed (the renewed term);
(b) a refusal of the application takes effect;
(c) the withdrawal of the application;
(d) the cancellation under this Act of the permit.
'(3) Subsection (4) applies if the application is withdrawn or the permit is cancelled under this Act before the application is decided.
'(4) The Minister must refund the applicant any annual rent overpaid because of the withdrawal or cancellation based on the proportion that the whole months remaining until the end of the year for which the rent was paid bears to the whole of that year.
'(1) The Minister must, in deciding the application, have regard to the suitability criteria as if a reference in the criteria to a tenderer were a reference to the applicant.
'(2) The Minister can not grant the application unless the Minister is satisfied--
(a) the activities proposed to be carried out under the permit during the renewed term are appropriate and acceptable; and
(b) the applicant has substantially complied with the permit; and
(c) the applicant continues to be an eligible person to hold a permit.
'(3) This section does not limit the matters the Minister may have regard to in making the decision.
'The Minister may, as a condition of granting the application, require the applicant to obtain a relevant licence, approval or authority under another Act.
Examples--
an environmental authority for an environmentally relevant activity under the Environmental Protection Act 1994 the carrying out of which is authorised under this Act
a water entitlement under the Water Act 2000 that is needed to carry out an activity authorised under this Act if section 39 does not apply
'(1) If the Minister decides to grant the application, the Minister may impose conditions on the permit for the renewed term that are not inconsistent with the mandatory conditions.
'(2) However, a condition can not be imposed if it--
(a) relates to the management of environmental impacts; or
(b) authorises unlawful environmental harm as defined under the Environmental Protection Act 1994.
'(3) To remove any doubt, it is declared that the tenure conditions of the permit for the renewed term may be different from its current tenure conditions.
Note--
For when the conditions start, see sections 52H(5) and 52I(b).
'(1) If the Minister decides to grant the application, the Minister must decide the area of the permit for its renewed term.
'(2) The area of the permit for its renewed term can not be larger than the area (the original area) of the permit immediately before the term of the permit is renewed.
'(3) The area of the permit for its renewed term may be smaller than the original area.
'(1) The length of the renewed term is decided by the Minister.
'(2) However, the renewed term can not be for more than 3 years.
'(3) If the extension is made before the original term ends, the renewed term is taken to start from the end of the original term.
'(4) If the extension is made after the original term ends, the renewed term is taken to have started immediately after the end of that term.
'(5) However if subsection (4) applies--
(a) the tenure conditions of the permit for the renewed term do not start until the permit holder has agreed to them, under section 52I(b); and
(b) until the permit holder has so agreed, the tenure conditions of the permit for the original term that would otherwise have been in force apply to the renewed term as if they were the tenure conditions of the permit for the renewed term.
'If the Minister decides to grant the application, the extension can not be made unless--
(a) the annual rent for the first year of the renewed term has been paid; and
(b) the applicant has agreed in writing to the tenure conditions of the permit for the renewed term and the length of the renewed term; and
(c) prescribed security is still in force for the permit; and
(d) the Minister and the applicant have agreed about the specific objectives for the permit for the renewed term; and
(e) if the Minister has made a requirement under section 52E--the requirement has been complied with.
'The application is taken to have been withdrawn if--
(a) the Minister has decided to grant the application, and has given the applicant notice of the tenure conditions of the permit for the renewed term and the length of the renewed term; and
(b) the applicant has not, within 30 business days after the giving of the notice, agreed in writing to the tenure conditions and the length of the renewed term.
'(1) This section applies only if the Minister decides to grant the application and any restrictions under section 52I do not apply or have ceased to apply.
'(2) The chief executive must--
(a) make the extension of permit by complying with section 123(3) in relation to the instrument for the permit to reflect the particulars of the renewed term of the permit as decided under this part; and
(b) give the applicant a copy of the amended instrument for the permit.
'If the Minister decides to refuse the application the Minister must, as soon as practicable after the decision is made, give the applicant an information notice about the decision.
'A refusal of the application does not take effect until the end of the appeal period for the decision to refuse.
Note--
See sections 110 (Period to appeal) and 112 (Stay of operation of decision).
'(1) This section applies if, under part 2A, the term of a geothermal exploration permit is renewed.
'(2) The security for the permit in force immediately before the extension is taken to continue in force as security for the permit for the renewed term despite any change to the permit decided under part 2A for the making of the extension.
'(3) Without limiting subsection (2), the extension does not--
(a) discharge or release a surety or other obligee, wholly or partly, from an obligation under the security; or
(b) fulfil a condition allowing a person to terminate the security or be released, wholly or partly, from an obligation; or
(c) modify the operation or effect of the security.
'(4) If the advice or consent of, or giving notice to, a person would be necessary to give effect to the continuance of the security under subsection (2)--
(a) the advice is taken to have been obtained; and
(b) the consent or notice is taken to have been given.
'(1) The Minister may, at any time, require a permit holder to increase the amount of security given for a permit.
'(2) If, because of an increase in the prescribed amount under section 31(b), the requirement is to increase the total security required to no more than the increased prescribed amount, the requirement must be made by notice to the holder.
'(3) If the requirement is to increase the total security required to more than the prescribed amount under section 31(b) when the requirement is made--
(a) subsections (4) to (6) must be complied with before making the requirement; and
(b) the requirement does not take effect until the holder is given an information notice about the decision to make the requirement.
'(4) The Minister must give the holder notice--
(a) stating the proposed increased amount of the security for the permit; and
(b) inviting the holder to lodge, within a stated reasonable period, submissions about the proposed increased amount at--
(i) the office of the department for lodging the submissions, as stated in a gazette notice by the chief executive; or
(ii) if no office is gazetted under subparagraph (i)--the office of the chief executive.
'(5) The stated period must end at least 20 business days after the holder is given the notice.
'(6) Any submissions lodged by the holder within the stated period must be considered before deciding to make the requirement.
'(7) In this section--
security given, includes security given or increased because of a requirement under subsection (1).'.