Mining Act 1971

This section applies in relation to—

an exploration licence; or

a mining lease; or

a retention lease; or

a miscellaneous purposes licence.

The Minister may cancel or suspend a mineral tenement to which this section applies if the tenement holder contravenes or fails to comply with—

a term or condition of the tenement; or

a provision of this Act.

The Minister may suspend all or some of the authorised operations under a mineral tenement to which this section applies—

pending compliance with an obligation or requirement under this Act by the tenement holder; or

until the tenement holder takes some other step specified by the

on account of any other matter that, in the opinion of the

The Minister must not take action under this section unless or until the Minister has—

taken reasonable steps to notify the tenement holder of the proposed course of action (including in the notification the grounds on which the Minister is intending to act); and

provided the tenement holder with an opportunity to make written submissions in relation to the matter within a period specified by the

The Minister may, after complying with subsection (4), by instrument registered on the mining register, cancel or suspend a mineral tenement.

The Minister must ensure that a notice of the cancellation or suspension of a mineral tenement under subsection (5) is given to the tenement holder.

A tenement holder may, within 28 days after receiving a notice under subsection (6), appeal to the ERD Court in relation to the matter.

The ERD Court may, on hearing an appeal under subsection (7), if satisfied that the ground or grounds on which the Minister acted were insufficient to justify the cancellation or suspension of the mineral tenement (as the case may be)—

revoke the cancellation or suspension; and

make any consequential or ancillary order that the Court considers necessary or appropriate.

If the ERD Court makes an order under subsection (8)(a), the Minister may, subject to any order of the Court, reinstate the mineral tenement to a date that coincides with the initial date of the cancellation or suspension, or such later date as the Minister considers to be appropriate in the circumstances.