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MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 274

274 Replacement of ss 842 and 843

Sections 842 and 843—

omit, insert—

'(1) This section applies to a purported application, other than to the Land Court, 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 give the applicant notice 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) the chief inspector, if the application is made under—
(i) section 389, 622 or 728; or
(ii) chapter 9, part 1; or
(b) otherwise—the chief executive.

'(1) For an application under this Act, the relevant person for the application may, by 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;
Examples—
1 The application is for a petroleum lease. The chief executive may require additional information about a document given with the application, for example, a document prepared by an appropriately qualified person, independently verifying reserve data given in the proposed development plan for the lease.
2 The application is for a potential commercial area. The chief executive may require additional information about drilling and production test results.
(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);
(iii) if the application is for a petroleum tenure—that the applicant meets the relevant capability criteria under chapter 2.

'(2) For subsection (1)(b), if the application is for a petroleum authority, a required document may include a survey or resurvey of the area of the proposed authority 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 chapter 12, part 1.

information includes a document.

relevant person, for an application under this Act, means—

(a) the chief inspector, if the application is made under—
(i) section 389, 622 or 728; or
(ii) chapter 9, part 1; or
(b) otherwise—the chief executive.

'(1) This section applies for an application if—

(a) the chief executive or the chief inspector gives a notice under section 843 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 application may be refused by—

(a) if the notice was given by the chief executive—the Minister; or
(b) if the notice was given by the chief inspector—the chief inspector.

'(3) To remove any doubt, it is declared that 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 Minister may by notice require an applicant for, or to renew, a petroleum authority to do, within a stated reasonable period, any thing required of the applicant under this Act or another Act to allow the application to be decided or the authority 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 Minister may extend the period for complying with the notice.

'(4) The Minister may refuse the application if the applicant does not comply with the requirement .

'(1) This section applies if another provision of this Act permits or requires the decision-maker for an application under this Act to consider particular criteria in deciding the application.

'(2) To remove any doubt, it is declared that the decision-maker may, in making the decision, consider any other criteria the decision-maker 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 decision-maker for an application under this Act may refuse the application.

'(2) To remove any doubt, it is declared that, unless the other provision otherwise provides, the decision-maker 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.'.



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