Extension of term of licence
44A Extension of term of licence
A person may apply to the Minister for an extension of the term of a licence.
An application is to be – in an approved form; and accompanied by the prescribed fee; and lodged with the Registrar before the licence ceases to be in force.
The Minister may – subject to section 44(2), grant the application for any further period the Minister determines and with or without conditions; or refuse to grant the application.
The Minister must grant the application if the Minister is satisfied that – the exploration to be carried out during the term of the licence has been completed; and the licensee has submitted any report or return as required; and the licensee has submitted a suitable program of work for the period of extension; and further detailed exploration is justified because substantiated results indicate the probability of a discovery leading to profitable mining operations.
The Minister, by notice in writing, must notify the applicant of – the grant of the application; or the refusal to grant the application and the reasons for the refusal.
A licensee may, within 28 days after receipt of a notice under subsection (5)(b) in relation to an application, appeal to the Mining Tribunal against the Minister's refusal to grant the application.
Subject to section 44(2), a licence to which an application under subsection (1) relates remains in force until – the Minister makes a decision under subsection (3); or if an appeal is made under subsection (6), the Mining Tribunal makes an order in relation to the appeal; or if the date on which the licence would, if the application were not granted, expire is a date later than the date on which a decision or order referred to in paragraph (a) or (b) occurs – the date on which the licence would expire.
This provision refers to the regulations (prescribed fee
). Made under this Act:
- Mineral Resources Development (Application of Act) Order (No. 2) 1999 · Regulation · under section 5(3)
- Mineral Resources Development (Application of Act) Order (No. 2) 2002 · Regulation · under section 5(3)
- Mineral Resources Development (Application of Act) Order (No. 3) 2002 · Regulation · under section 5(3)
22 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
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