I think the Minister has to accept the recommendation not to grant an exception. He has discretionary power, but this is not unfettered. Any exercise of his discretion must be in conformity with the overall objectives of the Mining Act.
But it would be farcical if the issue was sent back to the Wardens Court, as it's very clear from the case law that the tenements would not be forfeited. All the activity and expenditure before and since the period of underspending gets taken into account, and in KDR's case this is massive. A fine would be the worst result for KDR, so the Minister might as well impose the fine now.
KDR Price at posting:
$1.16 Sentiment: Hold Disclosure: Held
