Queensland Consolidated Acts Queensland Consolidated Acts(1) The Minister may—
(a) grant an exploration permit, with or without conditions; or
(b) refuse the application.
(2) In deciding whether to grant the exploration permit, the Minister must be satisfied that—
(a) the requirements of this Act have been complied with; and
(b) the applicant is an eligible person.
(3) The Minister must not grant an exploration permit unless—
(a) the applicant has paid rental for the first year of the term of the permit under section 138; and
(b) the Minister has approved the program of work that, under section 133(1)(g)(i), accompanied the application.
Note—
Under section 144, an exploration permit can not be granted until the applicant has deposited security decided under that section.
(3A) In deciding whether to approve the program of work, the Minister must have regard to the following—
(a) the extent of the proposed activities in the proposed area of the exploration permit;
(b) when and where the applicant proposes to carry out exploration activities in the proposed area of the exploration permit;
(c) whether the applicant has the financial and technical capability for carrying out the work.
(4) If the Minister is of the opinion on reasonable grounds that an applicant for an exploration permit had previously contravened or failed to comply with any provision of this Act, the repealed Acts or other mining legislation, the Minister may, whether or not that person had been charged or convicted of an offence in respect of that contravention or failure to comply, refuse to grant the exploration permit.
(5) For the purposes of subsection (4) an applicant which is a company is deemed to have contravened or failed to comply with a provision of an Act if a person who is an officer or employee of the company or who, in the opinion of the Minister, is in a position to control or influence substantially the affairs of the company has contravened or failed to comply with the provision.
(5A) The Minister must refuse an exploration permit for land if all or any part of the land is—
(a) in a fossicking area; or
(b) subject to an exploration permit for the same mineral.
(5B) However subsection (5A)(a) does not apply if the application was made but not decided before the land became a fossicking area.
(6) The chief executive must, within 5 business days after making a grant or refusal under this section, give the EPA administering authority written notice of the grant or refusal.
(7) If the Minister refuses to grant an application for an exploration permit the Minister may decide whether all or part of the application fee that accompanied the application will be retained.