An Act to amend the Mining Act 1992 and other legislation to make further provision with respect to prospecting for and mining minerals.
This Act is the Mining Amendment Act 2008.
This Act commences on a day or days to be appointed by proclamation.
The Mining Act 1992 is amended as set out in Schedule 1.
Each Act and instrument set out in Schedule 2 is amended as set out in that Schedule.
The Mining Amendment (Miscellaneous Provisions) Act 2004 is repealed.
This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.
The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
(Section 3)
(Repealed)
Omit the subsection. Insert instead:
Without limiting the generality of subsection (1) or any other provision of this Act, an application may be refused on any one or more of the following grounds:
(a) that the applicant (or, in the case of an applicant that is a corporation, a director of the corporation) has contravened this Act or the regulations (whether or not the person has been prosecuted or convicted of any offence arising from the contravention) or has been convicted of any other offence relating to mining or minerals,
(b) that the decision-maker reasonably considers that the applicant provided false or misleading information in or in connection with the application,
(c) that the decision-maker considers it appropriate to do so having taken into account the matters required by section 238.
Section 238 specifies additional matters that may be taken into account in deciding whether or not an application should be refused.
Omit section 23 (3). Insert instead:
Without limiting the generality of subsections (1) and (2) or any other provision of this Act, a tender may be refused on any one or more of the following grounds:
(a) that the tenderer (or, in the case of a tenderer that is a corporation, a director of the corporation) has contravened this Act or the regulations (whether or not the person has been prosecuted or convicted of any offence arising from the contravention) or has been convicted of any other offence relating to mining or minerals,
(b) that the decision-maker reasonably considers that the tenderer provided false or misleading information in or in connection with an application or any report provided under this Act for or with respect to the tender,
(c) that the decision-maker considers it appropriate to do so having taken into account the matters required by section 238.
Section…