ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 53 - SECT 98 98 Amendment of sch 3 (Dictionary)
ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 53 - SECT 98
98 Amendment of sch 3 (Dictionary)(1) Schedule 3, definitions EIS process, representative and transfer application--
omit.
(2) Schedule 3--
insert--
'certified rehabilitated area, for a mining tenement, see section 266A(3).
conditional surrender, of a mining tenement, means a surrender in relation to the tenement of a type mentioned in the Mineral Resources Act, section 107(7), 161(4), 210(13) or 309(12).
EIS process, for an EIS, means--
(a) the process under chapter 3, part 1; and
(b) the seeking and giving, under chapter 3, part 1, division 7, subdivision 1, of advice, comment or information in relation to the EIS.
level 2 chapter 4 activity means a chapter 4 activity that is a level 2 environmentally relevant activity.
progressive certification, for a mining tenement, see section 266A(2).
project authority see section 155(4)(a).
rehabilitation direction means a direction given under section 278A.
residual risks, of a proposed certified rehabilitated area for a mining tenement, means all or any of the following--
(a) the risk that, although the rehabilitation appeared to be satisfactory when the area was assessed for an application for progressive certification or for surrender--
(i) it will, in the foreseeable future, fail to perform as predicted in a relevant progressive rehabilitation report or final rehabilitation report; and
(ii) the failure will result in the need for repair, replacement or maintenance work for the area;
(b) the risk that the area will need ongoing management;
Examples of ongoing management--
maintenance of fences to ensure the safety of steep slopes or to prevent access to contaminated areas
providing a pump-back system to manage the discharge of contaminants
(c) the risk of contaminants being released from the area by animals, water or wind and potentially causing environmental harm that may require a program to monitor what management action should be taken in relation to the release.
transfer application for--
(a) chapter 4A--see section 129(2)(a); or
(b) chapter 5--see section 259(2)(a).'.
(3) Schedule 3, definition amendment application, paragraph (b), 'section 238'--
omit, insert--
'section 238(1)'.
(4) Schedule 3, definition EIS assessment report, ' section 57'--
omit, insert--
'section 57(2)'.
(5) Schedule 3, definition mobile and temporary environmentally relevant activity, subparagraph (c)(i), from 'but, other than' to 'calendar year'--
omit.
(6) Schedule 3, definition, non-code compliant authority, paragraph (b), ' section 154(5)'--
omit, insert--
'section 148(5)'.
(7) Schedule 3, definition public notice requirement, ' section 122(1)'--
omit, insert--
'section 122(2)'.
(8) Schedule 3, definition submitted EM plan, 'environment management plan'--
omit, insert--
'environmental management plan'.
(9) Schedule 3, definition submitted EM plan, after 'section 204,'--
insert--
'226A,'.