AustLII Tasmanian Consolidated Acts

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MINERAL RESOURCES DEVELOPMENT ACT 1995 - SECT 99

Revocation of mining lease

(1)  The Minister may revoke a lease or part of a lease if –
(a) the lessee fails to comply with, or contravenes –
(i) any provision of this Act; or
(ii) any condition of the lease; or
(b) satisfied that any area of land comprised in the lease is required for any public purpose; or
(c) satisfied that mining has not taken place for 12 months.
(2)  Before revoking a lease or part of a lease under subsection (1) (a) , the Minister –
(a) by notice in writing served on the lessee, is to notify the lessee of the intention to revoke the lease or part of the lease; and
(b) is to give the lessee an opportunity to make submissions and give evidence in relation to the matter.
(3)  If the Minister revokes a lease or part of a lease, the Minister, by notice in writing, is to notify the lessee.
(4)  If the Minister revokes a lease or part of a lease under subsection (1) (b) , the lessee is entitled to compensation under Part 8 .
(5)  The Minister, by notice published in the Gazette , may notify the revocation of a lease or part of a lease.
(6)  A lessee may appeal to the Mining Tribunal against the Minister's decision to revoke the lease within 28 days after the date of the decision.
(7)  The revocation of a lease takes effect –
(a) if an appeal is not made under subsection (6) , 28 days after publication of a notice under subsection (5) ; or
(b) if an appeal is made under subsection (6) and the Mining Tribunal makes an order affirming the decision, 10 days after the date of the order.



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