s. 38 (vii) the area covered by the licence is S. 38(1)(b)(vii) depleted of minerals to the extent that it inserted by No. 82/2000 is no longer feasible to mine that area; s. 33(1)(d). or (viia) in the case of a retention licence, that S. 38 (1)(b)(viia) the mining of a mineral resource to inserted by which the retention licence relates No. 59/2010 s. 22(2). would not be economically viable in the future; or (viib) in the case of a retention licence, the S. 38 (1)(b)(viib) licensee is unlikely to undertake inserted by economically viable mining of a No. 59/2010 s. 22(2). mineral resource to which the retention licence relates in the future; or (viic) in the case of a retention licence, the S. 38 (1)(b)(viic) licensee has failed to comply with a inserted by requirement under section 112A; or No. 59/2010 s. 22(2). (viii) it is not feasible to mine minerals in the S. 38(1)(b)(viii) inserted by area covered by the licence and will not No. 82/2000 be feasible to do so in the foreseeable s. 33(1)(d). future. (1AA) Subsection (1)(b)(iiia) applies only to a period S. 38(1AA) inserted by referred to in that subparagraph that commences No. 59/2010 on or after the day on which section 22(1) of the s. 22(3). Mineral Resources Amendment (Sustainable Development) Act 2010 comes into operation. (1A) The Minister must not cancel a licence under S. 38(1A) inserted by subsection (1) because of non-compliance with No. 86/1993 section 15(6)(ba) if the Minister waived s. 17(2), amended by compliance by the licensee with that section under Nos 82/2000 section 31(1) or 33(3A) (as the case requires). s. 33(2), 53/2011 s. 5.
S. 38(1)(b)(vii) inserted by No. 82/2000 s. 33(1)(d). (vii) the area covered by the licence is depleted of minerals to the extent that it is no longer feasible to mine that area; or S. 38 (1)(b)(viia) inserted by No. 59/2010 s. 22(2). (viia) in the case of a retention licence, that the mining of a mineral resource to which the retention licence relates would not be economically viable in the future; or S. 38 (1)(b)(viib) inserted by No. 59/2010 s. 22(2). (viib) in the case of a retention licence, the licensee is unlikely to undertake economically viable mining of a mineral resource to which the retention licence relates in the future; or S. 38 (1)(b)(viic) inserted by No. 59/2010 s. 22(2). (viic) in the case of a retention licence, the licensee has failed to comply with a requirement under section 112A; or s. 38 S. 38(1)(b)(viii) inserted by No. 82/2000 s. 33(1)(d). (viii) it is not feasible to mine minerals in the area covered by the licence and will not be feasible to do so in the foreseeable future. S. 38(1AA) inserted by No. 59/2010 s. 22(3). (1AA) Subsection (1)(b)(iiia) applies only to a period referred to in that subparagraph that commences on or after the day on which section 22(1) of the Mineral Resources Amendment (Sustainable Development) Act 2010 comes into operation. S. 38(1A) inserted by No. 86/1993 s. 17(2), amended by Nos 82/2000 s. 33(2), 53/2011 s. 5. (1A) The Minister must not cancel a licence under subsection (1) because of non-compliance with section 15(6)(ba) if the Minister waived compliance by the licensee with that section under section 31(1) or 33(3A) (as the case requires).