Mining Act 1992

An exploration licence is subject to a statutory condition that the holder of the licence must not carry out an assessable prospecting operation on land over which the licence is granted unless an activity approval has been obtained for the carrying out of the assessable prospecting operation in relation to that land and is in force.

The holder of an exploration licence may apply in writing to the decision-maker for approval to carry out an assessable prospecting operation in relation to any part of the land over which the licence is granted (an activity approval).

An application for an activity approval must include the information, if any, prescribed by the regulations.

The decision-maker may require the holder of an exploration licence to provide further information as required by the decision-maker, within the time specified by the decision-maker, before considering the application or at any time during consideration of the application.

After considering the application for the activity approval, the decision-maker—

may grant the activity approval, or

may refuse the application.

Without limiting the grounds for refusal, the application may be refused if the applicant fails to provide the information required by the decision-maker within the time required.

An activity approval may be granted subject to terms.

For the purposes of this Act, it is a statutory condition of an exploration licence that the holder must comply with any activity approval granted to the holder and in force.

Clauses 7 (2)–(4), 10 (2), 12 and 14 of Schedule 1B apply to and in respect of the imposition of terms on, and variation of the terms of, an activity approval in the same way as they apply to and in respect of the imposition of conditions on, and the variation of the conditions of, an authorisation.

The decision-maker may cancel an activity approval—

if the holder of the activity approval lodges with the Secretary a request that the decision-maker cancel the activity approval, or

if the decision-maker is satisfied that a person has contravened the activity approval (whether or not the person is prosecuted or convicted of any offence arising from the contravention).

Before cancelling an activity approval, otherwise than at the request of the holder of the activity approval, the decision-maker is to cause a written notice to be served on the holder of the activity approval that contains the following—

notice that the activity approval is proposed to be cancelled,

details of the grounds for the proposed cancellation,

notice that the holder of the activity approval has a specified period (of at least 28 days) in which to make representations with respect to the proposed cancellation.

The decision-maker must not cancel an activity approval, otherwise than at the request of the holder of the activity approval, unless—

the decision-maker has taken any such representations received from the holder of the activity approval into consideration, or

the period specified in the notice has elapsed and no such representations have been received.

The decision-maker is to cause written notice of the cancellation of an activity approval to be given to the holder of the activity approval.

The cancellation takes effect on the date on which the written notice of the cancellation is given to the holder of the activity approval, or on a later date specified in the notice.

Any person who is aggrieved by the decision of the decision-maker to cancel an activity approval held by the person may appeal to the Land and Environment Court against the decision. Section 128 applies to such an appeal as if it were an appeal against a decision to cancel an authority.

The cancellation of an activity approval does not affect any liability incurred by the holder of the activity approval before the cancellation took effect.

Action may be taken under subsection (9) (b) whether or not any other action has been taken in respect of the activity approval under this Act.