Minerals Development Act 2017

Validity of application

62. (1) An application that has been accepted by the Minister ceases to be valid on the earliest of the following occurring:

(a) the expiration of a period of 3 years, or such longer period as may be authorised by the Minister under subsection (2), after the day that the Minister accepts the application;

(b) the prospecting licence, retention licence or mining licence on which the application is based expires, terminates or is revoked or surrendered;

(c) the applicant or nominee company—

(i) commences a voluntary winding-up or becomes subject to a winding-up order,

(ii) is subject to the appointment of a receiver or examiner, or

(iii) proposes a compromise or arrangement that is sanctioned under section 453 (2) of the Companies Act 2014 , or

(iv) where it is a body incorporated under the laws of another state, on the occurrence of any event which corresponds to an event referred to in subparagraph (i), (ii) or (iii);

(d) in the case of an applicant that is an individual, the applicant dies, is adjudicated bankrupt or becomes an arranging debtor; or

(e) the applicant withdraws the application.

(2) The Minister may, before the expiration of the 3 year period mentioned in subsection (1)(a), extend that period by not more than 2 years from the date of expiration if the Minister considers it appropriate to do so.

(3) If the Minister grants a mining licence for only a portion of the area specified in an application, subsection (1) continues to apply to the application in respect of the remaining portion.