Mineral Resources Act 1989

The Minister may—

grant a mineral development licence, with or without conditions, for all or part of the land the subject of an application (the relevant land) for the licence; or

refuse the application.

Without limiting subsection (1), the Minister may refuse to grant a mineral development licence if the Minister considers the grant is not in the public interest.

The Minister may grant the mineral development licence only if—

the Minister is satisfied—

the requirements of this Act have been complied with; and

the applicant is an eligible person; and

the applicant has paid rental for the first year of the term of the licence under section 193(1); and

the Minister has approved the statements that, under section 183(1), accompanied the application.

The Minister must refuse to grant a mineral development licence for land if any part of the land is—

in a fossicking area; or

subject to a mineral development licence for the same mineral.

However, subsection (4)(a) does not apply if the application was made but not decided before the land became a fossicking area.

In deciding whether to approve the statements mentioned in subsection (3)(b), the Minister must have regard to—

whether there exists to a high degree of definition on or in the land a significant mineral occurrence of possible economic potential; and

whether the area of land applied for is appropriate to further investigation of that occurrence; and

whether the applicant has the financial and technical capability to comply with the conditions of the mineral development licence under section 194.

If a mineral development licence is only granted for part of the relevant land—

the application is taken to be refused for the rest of the relevant land; and

the Minister must give the applicant written notice of the reasons for the refusal.