Grant or refusal of renewal of exploration permit
25 Grant or refusal of renewal of exploration permit
(1) Where a permittee makes an application for the renewal of the permittee's exploration permit and the Minister accepts the application, the Minister:
(a) shall, where the permittee has complied with the conditions to which the exploration permit is subject, the directions, if any, lawfully given to the permittee by the Minister and with this Act; or
(b) may, where the permittee has not so complied and the Minister is satisfied that, although the permittee has not so complied, circumstances exist that justify the renewal of the exploration permit,
by notice, inform the permittee that:
(c) the Minister is prepared to renew the exploration permit on the permittee agreeing to provide appropriate security or securities as required under this Act.
(2) Where a permittee has not complied with the conditions to which the permittee's exploration permit is subject, the directions, if any, lawfully given to the permittee by the Minister or with this Act and the Minister is not satisfied that circumstances exist that justify the granting of the renewal of the permit, the Minister shall, subject to subsection (3), by notice served on the permittee, refuse to renew the permit.
(2A) A notice of the Minister's refusal to renew an exploration permit must include the reasons for the refusal.
(3) The Minister shall not refuse to renew an exploration permit unless the Minister has:
(a) by notice served on the permittee, given not less than 28 days notice of the Minister's intention to refuse to renew the exploration permit;
in the notice:
given particulars of the reasons for the intention; and
(ii) specified a date on or before which the permittee may, by notice served on the Minister, submit any matters that the permittee wishes the Minister to consider; and
(c) considered any matter so submitted by the permittee to the Minister on or before the specified date.
A notice under subsection (1) shall contain:
(a) a statement of the conditions to which the exploration permit on its renewal is to be subject; and
(b) a statement to the effect that the application will lapse if the permittee does not make a request under subsection (5) and lodge with the Minister the security referred to in the notice.
(5) A permittee served with a notice under subsection (1) may, within 28 days after service of the notice or a longer period agreed by the Minister, by written notice served on the Minister, request the Minister to renew the exploration permit.
(6) If a permittee makes a request under subsection (5) within the time referred to in that subsection, the Minister must renew the exploration permit.
(10) Where a permittee has been served with a notice under subsection (1) and has not, within the period referred to in subsection (5), made the request referred to in that subsection, the application lapses on the expiration of that period.
Where:
(a) an application for the renewal of an exploration permit has been accepted; and
the exploration permit expires before:
the Minister renews, or refuses to renew, the permit; or
the application lapses as provided by subsection (10),
the permit shall be deemed to continue in force in all respects until:
the Minister renews or refuses to renew the permit; or
the application so lapses,
as the case may be.
This section operates subject to section 25A.
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