Mining Act 1971

Subject to this section, it will be a condition of an exploration licence that the tenement holder will achieve at least a level of expenditure specified in or in relation to the licence on operations carried out under the licence in accordance with the requirements of this section (an

The initial expenditure commitment will be based on information furnished to the Minister as part of the application for the exploration licence (and may be varied from time to time by the Minister taking into account the operation of this section).

The tenement holder must, at such times as may be prescribed by the regulations, furnish a return in a manner and form determined by the Minister that contains—

a statement—

outlining the exploration operations carried out under the exploration licence within a period prescribed by the regulations;

declaring the amount of expenditure incurred in carrying out those operations; and

a statement—

outlining the exploration operations that the tenement holder intends to carry out under the exploration licence over an ensuing period prescribed by the regulations; and

declaring the amount of expenditure that is estimated to be incurred in carrying out those operations.

A statement under subsection (3)(a)—

must be accompanied by such information or evidence required by the

will be registered by the Mining Registrar on the mining register.

Any expenditure commitment under a preceding subsection must at least be at a monetary level set by or under a policy developed and published by the Minister from time to time for the purposes of this section.

A statement under subsection (3)(a), and any information or evidence required under subsection (4)(a), must, if the Minister so requires, be verified by an independent person with qualifications, and in a manner, specified by the Minister.

Any cost associated with a requirement under subsection (6) will be borne by the tenement holder.

A report provided under subsection (6) will, if the Minister so determines, be registered on the mining register.

If—

a person fails to comply with a preceding subsection;

the Minister has reason to believe that an amount of expenditure that has actually been incurred is less than an expenditure commitment, the Minister may (without consultation with the tenement holder) alter the relevant exploration licence by reducing the licence area by an amount determined by the Minister.

The Minister may, on application under this subsection, allow a tenement holder or tenement holders to amalgamate their expenditure commitments in relation to 2 or more exploration licences in such manner or to such extent as the Minister may determine.

The Minister may, in assessing an application under subsection (10), take into account such matters as the Minister thinks fit, including—

the relationship between any tenement holders who are parties to the application; and

the proximity of the relevant exploration licences to each other.

If an amalgamation of expenditure commitments is allowed under subsection (10), the exploration licences to which the amalgamations relate will be altered by reducing their licence areas by an amount or amounts determined by the Minister after consultation with the tenement holders.

The Minister may, on application by the tenement holder—

approve the deferment of an amount of expenditure under an expenditure commitment; or

approve the variation of an amount of expenditure that would otherwise be required under an expenditure commitment.

This section applies subject to any variation to an expenditure commitment under section 33B.