70—Forfeiture and transfer of mineral tenement
(1) This section
applies in relation to—
(a) a
mineral claim; or
(b) if
the regulations so provide—an exploration licence; or
(c) a
mining lease; or
(d) a
retention lease.
(2) Subject to this
section, the Warden's Court may, on application under this section, adjudge
that a mineral tenement to which this section applies is liable to forfeiture
and recommend to the Minister that the tenement be forfeited.
(2a) The regulations
may—
(a)
provide that an applicant must satisfy any prescribed requirements before an
application may be made under this section; and
(b)
provide that an applicant must be able to demonstrate any prescribed
capability or other requirement as part of an application under this section;
and
(c)
provide that an application must be supported by any evidence of a kind
prescribed by the regulations; and
(d)
provide for limitations on, or exclusions from, an ability to make an
application under this section; and
(e)
provide for other matters associated with making an application under this
section.
(2b) A recommendation
may not be made by the Warden's Court under this section unless the Court is
satisfied that 1 or more of the following have occurred in a material
respect and that the matter is of sufficient gravity to justify the forfeiture
of the mineral tenement:
(a) a
breach of this Act or any regulation;
(b)
without limiting paragraph (a)—
(i)
a breach of a term or condition of the tenement; or
(ii)
a breach of a program under Part 10A;
(c)
undue damage to the environment in connection with any authorised operations
carried out under the tenement;
(d) a
failure to carry out activities associated with holding the relevant type of
tenement within a reasonable time or to a reasonable extent.
(3) Where the Warden's
Court has recommended the forfeiture of a mineral tenement—
(a) the
Minister may, by notice in the Gazette, forfeit the mineral tenement to the
Crown; and
(b) the
person on whose application the Court recommended forfeiture is then entitled
to a transfer of the mineral tenement from the Crown for the balance of its
term.
(3a) A right to the
transfer of a mineral tenement under subsection (3)—
(a) does
not arise in any circumstance prescribed by the regulations; and
(b)
expires at the end of a period prescribed by the regulations.
(4) A transfer of a
mineral tenement under subsection (3)(b) takes effect on publication of a
notice of transfer in the Gazette.
(4a) After an
application has been made under this section, the mineral tenement to which
the application relates shall not be transferred or surrendered until the
application has been determined.