24Allocation by public tender

1. Unless a minerals programme expressly provides otherwise, the Minister may, from time to time, by notice in such publications as the Minister considers appropriate, offer permits for allocation by public tender.

2. Every notice for the purposes of subsection (1) shall specify—

3. the type of permit offered; and
4. the land and minerals to which the permit relates; and
5. the manner in which tenders must be submitted, and the time by which tenders must be received by the Minister, in order for such tenders to be valid; and
6. that each tender must include an application that complies with section 29A(1) and be accompanied by sufficient information in relation to the permit offered for the Minister to satisfy himself or herself of the matters set out in section 29A(2) or the matters required under section 29B, as the case may be; and
7. that, if the tender is to be considered in accordance with section 29B, the tender must include a statement to that effect; and
8. the conditions to which any permit granted pursuant to the tender will be subject.

9. The Minister shall not accept any tender which does not comply in a material way with the requirements of the notice.

10. The Minister may amend or revoke a notice before the time by which tenders must be received expires.

11. To avoid doubt, tenders must be assessed by the Minister in accordance with this section and the criteria in section 29A or in section 29B, as the case may be.

12. The Minister may decline to grant any permit pursuant to a tender.

13. Repealed

14. A permit granted pursuant to a tender shall be subject to the relevant conditions specified in the notice, unless otherwise agreed with the applicant.