Proceedings by Minister on recommendation
99 Proceedings by Minister on recommendation
The Minister, after receiving the recommendation of the warden as provided in section 98, may, as the Minister thinks fit —
declare the exploration licence or the lease to which the recommendation relates, forfeited; or
impose a penalty not exceeding $10 000 as an alternative to forfeiture; or
award the whole amount of the penalty or any part thereof to the applicant who applied for forfeiture; or
determine not to forfeit such licence or lease or impose any penalty.
Where the Minister declares an exploration licence or lease forfeited under subsection (1) he shall forthwith give written notice thereof to the applicant and shall publish notice of the declaration in the Government Gazette and on the publication of the notice the licence or lease shall become forfeited.
Where any penalty imposed as an alternative to forfeiture under subsection (1)(b) is not paid within the time specified by the Minister or within 30 days of the Minister imposing the penalty as an alternative to forfeiture if no time is specified by the Minister, the exploration licence or lease shall thereupon be forfeited and notice thereof shall be published in the Government Gazette, and the rights conferred on the applicant for forfeiture under section 100(2) shall apply as if the Minister had declared the licence or lease forfeited.
[Section 99 amended: No. 100 of 1985 s. 73; No. 22 of 1990 s. 38; No. 37 of 1993 s. 14(2); No. 15 of 2002 s. 28.]
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