(a) before the commencement, a person applied
under the existing Act for, or in relation to, an SAA environmental authority
(mining) for a mining lease provided for under a special agreement Act; and
(b) the application has not been decided.
(2) Subject to subsections (3) to
(7)—
(a) the application is taken to have been made on the commencement; and
(b) chapter 5 applies to the application, with necessary changes, as if it
were a non-code compliant application for a level 1 mining project.
(3) If
the application was accompanied by an environmental management overview
strategy under the pre-amended MRA, section 245, the strategy is taken to be
an environmental management plan submitted by the applicant under section 201.
(4) If a certificate of application for the mining lease was endorsed by the
mining registrar under the pre-amended MRA, section 252, the person is taken
to have given and published an application notice under section 211 for the
application.
(5) If the person gave an environmental impact statement under
the pre-amended MRA, section 264, the EIS process is taken to have been
completed under section 60.
(6) If an objection was lodged with the mining
registrar under the pre-amended MRA, section 260, and not heard by the
tribunal under that Act, the objection is taken to be a properly made
objection under section 217.
(7) If the tribunal made a recommendation under
section 269 of the pre-amended MRA relating to an environmental matter, an
objections decision on the same terms as the recommendation is taken to have
been made under section 222.
Editor’s notes—
1 pre-amended MRA,
sections 252 (Certificate of application etc.), 245 (Application for grant of
mining lease), 260 (Objection to application for grant of mining lease), 264
(What happens after environmental impact statement is prepared?) and 269
(Tribunal’s recommendation on hearing)
2 sections 60 (When process is
completed), 201 (Environmental management plan required), 211 (Public notice
of application), 217 (Acceptance of objections) and 222 (Nature of objections
decision) of the Act
