Provisions for preferred tenderers
136J Provisions for preferred tenderers
The Minister may require a preferred tenderer for the call for EP (coal) tenders to—
pay any amounts necessarily incurred, or to be incurred, to enable the exploration permit to be granted; and
Example—
amounts required to comply with the Commonwealth Native Title Act, part 2, division 3, subdivision P
do all or any of the following within a stated reasonable period—
pay the rental for the first year of the term of the permit under section 138;
give, under section 144, security for the permit.
If a preferred tenderer does not—
comply with a requirement under subsection (1); or
do all things reasonably necessary to allow an exploration permit for coal to be granted to the tenderer;
the Minister may revoke the tenderer’s appointment as the preferred tenderer.
However, before acting under subsection (2), the Minister must give the preferred tenderer a reasonable opportunity to provide reasons for, and rectify, the tenderer’s failure to comply with a requirement under subsection (1) or (2)(b).
If the Minister revokes the appointment of the tenderer as the preferred tenderer under this section, the Minister may—
retain the whole or part of any tender security given by the tenderer, if the Minister considers it reasonable in the circumstances; and
appoint another tenderer to be the preferred tenderer.
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