General conditions for exploration licence (coal)

Change in effective control of the licence holder means any occurrence which results in any person, not being a related body corporate of the licence holder, newly being in one or more of the following positions:

(a) having the capacity to appoint or control more than 50% of the number of directors of the licence holder's board;

(b) being entitled to exercise (directly or indirectly) more than 50% of the votes entitled to be cast at any general meeting of the licence holder; or

(c) holding more than 50% of the issued share capital (other than shares issued with no rights other than to receive a specified amount in distribution) of the licence holder.

Environmental incident notifications and reports means any notifications and reports to be provided to relevant authorities under Part 5.7 or Part 5.7A of the Protection of the Environment Operations Act 1997.

Foreign acquisition of substantial control in the licence holder means any occurrence which results in a foreign party, not being a related body corporate of the licence holder, newly being in one or more of the following positions:

(a) having the capacity to appoint or control 20% or more of the number of directors of the licence holder's board;

(b) being entitled to exercise (directly or indirectly) 20% or more of the votes entitled to be cast at any general meeting of the licence holder; or

(c) holding interests in 20% or more of the issued share capital (other than shares issued with no rights other than to receive a specified amount in distribution) of the licence holder.

National park, regional park, historic site, nature reserve, karst conservation reserve and Aboriginal area have the meaning given to those terms in the National Parks and Wildlife Act 1974.

Relevant authorities have the meaning given to that term in section 148 of the Protection of the Environment Operations Act 1997.

Work program means the approved work program identified in Schedule 5 of this licence, as amended from time to time with the approval of the Minister.

The licence holder must carry out the operations, and any other activities, described in the work program and comply with any commitments in relation to the conduct of operations specified in the work program, as for the time being in force, in respect of this licence.

The licence holder must not prospect on any land or waters within the exploration area on which Native Title has not been extinguished under the Native Title Act 1993 (Cth) without the prior written consent of the Minister.

The licence holder must carry out community consultation in relation to the planning and conduct of activities under this licence in accordance with the Exploration code of practice: Community consultation (PDF, 513.38 KB)(March 2016).

The licence holder must prevent, or if that is not reasonably practicable, minimise so far as is reasonably practicable, any harm to the environment arising from activities carried out under this licence.

The following condition is used for individual securities.

5. The licence holder must provide a security deposit to secure funding for the fulfilment of obligations under this licence (including obligations that may arise in the future) as follows:

(a) Amount: $ [here]

(b) Licence holder’s entitlement to interest: none.

The following condition is used for group securities.

5. The licence holder must provide and maintain a group security deposit to secure funding for the fulfilment of all obligations under all exploration licences under head title exploration licence no. [Head Title number entered here] (including obligations that may arise in the future) as follows:

(a) Amount: $ [amount]

(b) Licence holder’s entitlement to interest: none

The licence holder must carry out rehabilitation of all disturbance caused by activities carried out under this licence in accordance with the requirements in Part B of the Exploration code of practice: Rehabilitation (PDF, 547.44 KB) (July 2015) to the satisfaction of the Minister.

The licence holder must provide environmental incident notifications and reports to the Secretary no later than seven days after those notifications and reports are provided to relevant authorities under the Protection of the Environment Operations Act 1997.

Unless otherwise approved by the Secretary, the licence holder must submit annual activity reports prepared in accordance with the Exploration guideline: Annual activity reporting for prospecting titles (PDF, 319.51 KB) (July 2015) at the following times:

(a) Annually, within one calendar month following the grant anniversary date of this licence

(b) On any other date or dates directed by the Secretary in writing; and

(c) Within one calendar month following the cancellation or expiry of this licence.

 If the licence holder is a corporation, the Secretary must be notified within 30 days of any:

(a) Change in effective control of the licence holder; or

(b) Foreign acquisition of substantial control in the licence holder.

Notification is not required where a change in effective control of the licence holder, or a foreign acquisition of substantial control of the licence holder, occurs as a result of the acquisition of shares or other securities on a registered stock exchange.