Queensland Numbered Acts Queensland Numbered ActsSection 387—
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'(1) For a relevant application under this Act, the relevant person for the application may, by written notice, require the applicant to do all or any of the following within a stated reasonable period—
(a) complete or correct the application if it appears to the relevant person to be incorrect, incomplete or defective;
(b) give the relevant person or another stated officer of the department additional information about, or relevant to, the application;
Example—
The application is for a mining lease. The chief executive may require a document, prepared by an appropriately qualified person, independently verifying a resource model given in the proposed mining program for the lease.
(c) give the relevant person or another stated officer of the department an independent report by an appropriately qualified person, or a statement or statutory declaration, verifying all or any of the following—
(i) any information included in the application;
(ii) any additional information required under paragraph (b).
'(2) For subsection (1)(b), if the application is for a mining tenement, a required document may include a survey or resurvey of the area of the proposed tenement carried out by a person who is a cadastral surveyor under the Surveyors Act 2003.
'(3) For subsection (1)(c), the notice may require the statement or statutory declaration—
(a) to be made by an appropriately qualified independent person or by the applicant; and
(b) if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant.
'(4) The giving of a statement for subsection (1)(c) does not prevent the relevant person from also requiring a statutory declaration for the subsection.
'(5) The applicant must bear any costs incurred in complying with the notice.
'(6) The relevant person may extend the period for complying with the notice.
'(7) In this section—
application does not include—
(a) an application to a court or tribunal; or
(b) an internal review application under part 10, division 1A.
executive officer, of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person's position is given the name of executive officer.
information includes a document.
relevant application means an application, other than an application relating to a prospecting permit.
relevant person, for an application under this Act, means—
(a) for an application relating to a mining claim—the mining registrar; or
(b) otherwise—the chief executive.
'(1) This section applies for an application if—
(a) the chief executive or the mining registrar gives a notice under section 386J for the application; and
(b) the period stated in the notice for complying with it has ended; and
(c) the request has not been complied with to the satisfaction of the person who gave the notice.
'(2) The following person may refuse the application—
(a) if the notice was given by the chief executive—the Minister;
(b) if the notice was given by the mining registrar—the mining registrar.
'(3) To remove any doubt, subsection (2) applies despite another provision of this Act that provides the application must be granted in particular circumstances or if particular requirements have been complied with.
'(1) The relevant person may by notice require an applicant for, or to renew, a relevant mining tenement to, within a stated reasonable period, do any thing required of the applicant under this Act or another Act to allow the application to be decided or the tenement to be granted or renewed.
'(2) However, the period for complying with the notice must be at least 20 business days after the notice is given.
'(3) The relevant person may extend the period for complying with the notice.
'(4) The relevant person may reject the application if the applicant does not comply with the requirement .
'(5) In this section—
relevant mining tenement means a mining tenement other than a prospecting permit.
relevant person means—
(a) for a relevant application under part 4—the mining registrar; or
(b) otherwise—the Minister.
'(1) This section applies if another provision of this Act permits or requires the Minister or mining registrar to consider particular criteria in deciding an application.
'(2) To remove any doubt, it is declared that the Minister or mining registrar may, in making the decision, consider any other criteria the Minister or mining registrar considers relevant.
'(3) However, subsection (2) does not apply if the provision otherwise provides.
'(4) In this section—
criteria includes issues and matters.
'(1) This section applies if another provision of this Act provides for particular grounds on which the Minister or mining registrar may refuse an application.
'(2) To remove any doubt, it is declared that, unless the other provision otherwise provides, the Minister or mining registrar may refuse the application on another reasonable and relevant ground.
'(3) In this section—
refuse, an application, includes refuse the thing the subject of the application.
'(1) This section applies to any of the following under this Act—
(a) the making of an application;
(b) the giving of a document to the Minister, chief executive or mining registrar;
(c) the filing, forwarding or lodging of a document;
(d) the making of a submission.
'(2) The application, document or submission may be made, given, filed or lodged only—
(a) at the following place (the required place)—
(i) the office of the department provided for under the relevant approved form for that purpose;
(ii) if the relevant approved form does not make provision as mentioned in subparagraph (i) or if there is no relevant approved form—the office of the department notified on the department's website; or
(b) in the way prescribed under a regulation.
'(3) Without limiting subsection (2)(b), the way prescribed under a regulation may include to make, give, file or lodge the application, document or submission at another place.
'(4) The document may be forwarded only to the required place or in the way prescribed under a regulation.
'(5) Without limiting subsection (3), the way prescribed under a regulation may include to forward the application, document or submission to another place.
'(6) This section does not apply to the following—
(a) the making of an application to the Land Court or the tribunal;
(b) the lodging of any of the following—
(i) a notice of appeal to the Land Court under section 86(2)(a), 282(2)(a) or 318AAZO(1);
(ii) a notice under section 753;
(iii) a report under section 761;
(iv) a proposed initial development plan for a lease under section 758;
(c) the giving of a report to the Minister under section 141(1)(e) or 194(1)(e);
(d) the giving of a report or other document mentioned in section 318AAH(1)(f) under that section.
'(1) This section applies to a purported application, other than for the grant of a prospecting permit, mining claim or mining lease or to the Land Court or the tribunal, not made under the requirements under this Act for making the application.
'(2) The relevant person for the application must refuse to receive or process the purported application.
'(3) However, the relevant person may decide to allow the application to proceed and be decided as if it did comply with the requirements if the relevant person is satisfied the application substantially complies with the requirements.
'(4) If the relevant person decides to refuse to receive or process the purported application—
(a) the relevant person must inform the applicant of the decision and the reasons for it; and
(b) the relevant person must refund the application fee to the applicant.
'(5) In this section—
relevant person, for an application, means—
(a) for an application relating to a prospecting permit, other than for the grant of a prospecting permit or for an application relating to a mining claim, other than for the grant of a mining claim—the mining registrar; or
(b) otherwise—the chief executive.
'(1) The chief executive must keep a register in which must be recorded particulars as prescribed of—
(a) all prospecting permits, mining claims and mining leases the applications for the grant of which were lodged with a mining registrar; and
(b) applications for the grant of mining claims and of mining leases the lodgement of which is accepted by a mining registrar; and
(c) dealings with a mining tenement; and
(d) application transfers; and
(e) caveats lodged under part 7AAAD; and
(f) all exploration permits and mineral development licences; and
(g) applications for the grant of exploration permits and of mineral development licences; and
(h) acquired land; and
(i) any other matters prescribed under a regulation.
'(2) The chief executive may decide the form in which the register is kept.
'(1) The chief executive must—
(a) keep the register open for inspection by the public during office hours on business days at the places the chief executive considers appropriate; and
(b) allow a person, on payment of the fee prescribed under a regulation, to search and take extracts from the register; and
(c) give a person who asks for it a copy of all or part of a notice, a document or information held in the register on payment of the fee prescribed under a regulation.
'(2) Subsection (1) is subject to section 387B.'.