Queensland Numbered Acts

MINING AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 10 - SECT 51

Section 137—

omit, insert—

'(1) This section states the criteria (prescribed criteria) for the grant of an exploration permit under division 2 or 3.

'(2) The criteria are as follows—

(a) the requirements of this Act have been complied with;

(b) the applicant is an eligible person;

(c) the applicant has paid rental for the first year of the term of the exploration permit under section 138;

(d) the Minister has, under subsection (3), approved the program of work that accompanied the application for the exploration permit;

(e) the Minister has not, under subsection (4), decided the person is disqualified from being granted the permit.

Notes—

1 Under section 144, an exploration permit can not be granted until the applicant has deposited security decided under that section.

2 If the application relates to acquired land, see also section 10AAC.

'(3) In deciding whether to approve the program of work, the Minister must have regard to the following matters—

(a) the extent of the proposed activities in the proposed area of the exploration permit;

(b) when and where the applicant proposes to carry out exploration activities in the proposed area of the exploration permit;

(c) whether the applicant has the financial and technical capability for carrying out the work.

'(4) The Minister may decide an applicant is disqualified from being granted an exploration permit if—

(a) the Minister reasonably believes the applicant or, if the applicant is a company, an associate of the applicant has, at any time, contravened a provision of this Act, the repealed Acts or other mining legislation (whether or not the applicant or associate has been charged or convicted of an offence for the contravention); and

(b) having regard to the matters mentioned in subsection (5), the Minister considers the applicant is not a suitable person to carry out activities under the exploration permit.

'(5) For subsection (4)(b), the matters to which the Minister may have regard are as follows—

(a) the nature of the contravention, including, for example—

(i) whether it relates to an administrative or procedural requirement; and

(ii) the extent to which the applicant or applicant's associate was involved in the contravention; and

(iii) whether the contravention involved the applicant or associate engaging in fraudulent or dishonest conduct; and

(iv) the degree of harm caused or likely to be caused by the contravention to persons other than the applicant or to the environment;

(b) whether the applicant or applicant's associate has been proceeded against for the contravention and, if so, the outcome of the proceeding;

(c) whether the applicant or an associate of the applicant has previously engaged in similar contraventions or other contraventions of a kind mentioned in subsection (4)(a), and the nature of the contraventions and the outcome of any proceedings for the contraventions;

(d) any other matters the Minister considers relevant.

'(6) In this section—

associate, for an applicant that is a company, means—

(a) an officer or employee of the company; or

(b) another person who in the Minister's opinion is in a position to control or influence substantially the company's affairs.'.