Minerals Development Act 2017

Competing applications

20. (1) This section applies where competing applications for a prospecting licence exist.

(2) Competing applications for a prospecting licence exist where—

(a) there is more than one application for a prospecting licence and some or all of each such application relates to some or all of the same minerals in or on any part of the same land,

(b) more than one application has been submitted in time, that is to say—

(i) in the case of an application by a licensee under a prospecting licence or a retention licence referred to in section 18 , the licensee has submitted the application within the specified period determined by the Minister under section 18 (b),

(ii) in the case of an application in response to an invitation by the Minister under section 19 , the applicant has submitted the application within the specified period determined by the Minister under section 19 (2)(c), and

(iii) in the case of an application by a person who has registered a statement of interest, the person has submitted the application within the specified period determined by the Minister under section 14 (b),

and

(c) more than one application meets the requirements of paragraphs (a) to (h) of section 17 (1).

(3) The Minister shall grant the prospecting licence under section 17 to the applicant who has, in the opinion of the Minister, the best application having regard to—

(a) the relative likelihood that the applicant’s proposed exploration programme will result in the discovery of minerals of economic value within the shortest period of time,

(b) the relative likelihood that an applicant will carry out the proposed exploration programme,

(c) an applicant’s previous performance in prospecting for or working minerals in the State or elsewhere,

(d) any other prescribed factor.