(1) This section
applies in relation to—
(a) an
application for—
(i)
a mining lease; or
(ii)
a retention lease (unless exempt by the regulations); or
(iii)
a miscellaneous purposes licence; or
(b) an
application under Division 7 (to the extent that the requirements of that
Division are applied by the regulations).
(2) The Minister must,
as soon as practicable after receiving an application to which this section
applies, in such manner as the Minister thinks fit, give notice of the
application—
(a) to
the owner of the land to which the application relates; and
(b) if
the land is within the area of a council—to the council.
(3) In addition,
before the Minister makes a decision on an application to which this section
applies, including as to the terms and conditions (if any) that will apply or
attach to the relevant mineral tenement or approval, the Minister must
publish, in such manner as the Minister thinks fit, a notice—
(a)
describing the land to which the application relates and, if relevant, the
particular stratum in relation to which the tenement would be, or has been,
granted (as the case requires); and
(b)
specifying a place where the application may be inspected; and
(c)
inviting written submissions in relation to the application to the Minister
within a time specified in the invitation.
(a) must
give to the applicant a copy of any submission received by the Minister under
subsection (3) within the relevant period specified by the Minister; and
(b) may
require the applicant to respond to any matter raised in any such submission
within a period specified by the Minister.
(5) A submission under
subsection (3) cannot be made on the basis that the submission (or part
of the submission) will be kept confidential and a response under
subsection (4) cannot be made on the basis that the response (or part of
the response) will be kept confidential.
(6) In determining
whether or not to grant an application to which this section applies and, if
so, the terms and conditions on which it should be granted, the Minister must
have regard to any submissions or response received under subsection (3)
or (4).
(7) The requirement to
publish a notice under subsection (3), and the requirements of
subsections (4), (5) and (6), do not apply if the Minister decides to refuse
the application without inviting submissions on the application.
(8) As soon as
practicable after determining whether or not to grant or refuse an application
to which this section applies, the Minister must cause notice of the
determination to be published in accordance with the regulations.