Commonwealth Consolidated Acts

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OFFSHORE MINERALS ACT 1994 - SECT 145

Grounds for granting retention licence

  (1)   The Joint Authority may provisionally grant the retention licence only if it is satisfied that:

  (a)   the exploration licence holder has identified and evaluated a significant mineral deposit in the exploration licence area; and

  (b)   there are reasonable grounds for the holder not applying immediately for a mining licence.

  (2)   Without limiting subsection   (1), reasonable grounds for not applying immediately for a mining licence include the following:

  (a)   the need to obtain government approvals (for example, relating to environmental protection) before mining activities can commence;

  (b)   the need to carry out further exploration or evaluation in order to establish the commercial viability of a mineral deposit found in the licence area;

  (c)   the need to develop technologies before mining activities can commence;

  (d)   the need to arrange finance, or to secure additional capital reserves, before mining activities can commence;

  (e)   the existence of economic considerations (for example, the prevailing condition of the commodity market for the minerals concerned) that effectively preclude mining activities in the immediate future;

  (f)   the existence of political considerations that effectively preclude mining activities in the immediate future.



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