❓ A WA parliamentary question on notice regarding the extension of exploration licence E70/2725, inquiring about application status and the Minister's discretionary powers under the Mining Act 1978. The Minister confirms no application was received and outlines the grounds for granting an extension.
AnsweredQoN 2950Legislative Council
QuestionView source ↗
I refer to exploration licence E70/2725 which expires on 5 December 2010, and ask -
(1) Has an application for extension of this exploration licence been received?
(2) If yes to (1), when was the application received?
(3) Does the Minister agree that section 61(2) of the
Mining Act 1978
, provides the Minister with a discretion to grant or refuse an application for extension of the term of an exploration licence?
(4) What are the prescribed grounds on which the Minister must be satisfied pursuant to section 61(2) of the
Mining Act 1978,
before granting an extension of an exploration licence?
(1) Has an application for extension of this exploration licence been received?
(2) If yes to (1), when was the application received?
(3) Does the Minister agree that section 61(2) of the
Mining Act 1978
, provides the Minister with a discretion to grant or refuse an application for extension of the term of an exploration licence?
(4) What are the prescribed grounds on which the Minister must be satisfied pursuant to section 61(2) of the
Mining Act 1978,
before granting an extension of an exploration licence?
AnswerView source ↗
Answered
10 November 2010
Responded by
Minister for Mines and Petroleum
Response time
21 days
(1) No
(2) Not applicable
(3) Yes
(4) Regulation 23AB of the Mining Regulations 1981 prescribes the circumstances for which an extension of term for an exploration licence can be granted, that is:
· that an exploration programme, or the marking out and application appropriate to a mining lease or general purpose lease in relation to the land, could not be undertaken or completed or is restricted in a manner that is, or subject to conditions that are, for the time being impracticable because of:
o difficulties or delays occasioned by law;
o difficulties or delays arising from administrative, political, environmental or other requirements of governmental or other authorities, in the State or elsewhere;
o difficulties or delays arising from a requirement to conduct an Aboriginal heritage survey on the land;
o difficulties or delays in obtaining requisite consents or approvals for exploration or for the marking out of a mining lease or general purpose lease in relation to any part of the land; or
o difficulties or delays in gaining access to the land because of unfavourable climatic conditions.
· that the land the subject of the licence has for any reason the Minister considers sufficient been unworkable for the whole or a considerable part of any year of the term;
· that work already carried out under the licence justifies further exploration; or
· that if the exploration licence has retention status, the grounds for approval of retention status under section 69B of the
Mining Act 1978
continue to exist.
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(2) Not applicable
(3) Yes
(4) Regulation 23AB of the Mining Regulations 1981 prescribes the circumstances for which an extension of term for an exploration licence can be granted, that is:
· that an exploration programme, or the marking out and application appropriate to a mining lease or general purpose lease in relation to the land, could not be undertaken or completed or is restricted in a manner that is, or subject to conditions that are, for the time being impracticable because of:
o difficulties or delays occasioned by law;
o difficulties or delays arising from administrative, political, environmental or other requirements of governmental or other authorities, in the State or elsewhere;
o difficulties or delays arising from a requirement to conduct an Aboriginal heritage survey on the land;
o difficulties or delays in obtaining requisite consents or approvals for exploration or for the marking out of a mining lease or general purpose lease in relation to any part of the land; or
o difficulties or delays in gaining access to the land because of unfavourable climatic conditions.
· that the land the subject of the licence has for any reason the Minister considers sufficient been unworkable for the whole or a considerable part of any year of the term;
· that work already carried out under the licence justifies further exploration; or
· that if the exploration licence has retention status, the grounds for approval of retention status under section 69B of the
Mining Act 1978
continue to exist.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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