Minerals Development Act 2017
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Suspension and revocation of licences | ||
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43. (1) The Minister may suspend the operation of a prospecting licence or a retention licence for any of the following reasons: | ||
(a) the licensee has breached a provision of this Act or the regulations or a condition of the licence or of any other prospecting licence, retention licence, mining licence, or ancillary surface rights licence held by the licensee; | ||
(b) the licensee is no longer a person who is a fit and proper person (as provided for by section 27 ) to be a licensee; | ||
(c) the licensee has agreed to pay compensation in respect of a liability under section 51 and has not paid the compensation in accordance with the agreement; | ||
(d) the licensee has been directed to pay compensation in a decision of the Mining Board under this Act and the compensation has not been paid within a reasonable time. | ||
(2) The Minister shall notify every licensee the operation of whose licence has been suspended— | ||
(a) of the grounds on which the suspension is based, and | ||
(b) that unless the licensee satisfies the Minister that the grounds for the suspension are not well founded or that the problem underlying the suspension has been or will be remedied to the satisfaction of the Minister, the licence will be revoked by a date specified in the notice. | ||
(3) The Minister shall provide the licensee with an opportunity to make submissions and to present evidence before the specified date. | ||
(4) If a licensee has satisfied the Minister that the grounds for the suspension are not well founded or that the problem underlying the suspension has been or will be remedied within a period acceptable to the Minister, the Minister shall terminate the suspension of the operation of the licence. | ||
(5) If a licensee has not satisfied the Minister— | ||
(a) that the grounds for the suspension are not well founded, or | ||
(b) that the problem underlying the suspension has been or will be remedied within a period acceptable to the Minister, | ||
then the Minister shall revoke the licence. | ||
(6) The Minister shall notify the licensee of his or her decision under subsection (4) or (5) and the date that the termination of the suspension or the revocation of the licence is effective. |