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. |