MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 34 Variation of licence
MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 34
Variation of licenceS. 34(1) amended by Nos 86/1993 s. 16(1), 82/2000 s. 29(1).
(1) The Minister may after consultation with the licensee, by instrument served on the licensee, vary a licence, or vary, suspend or revoke a condition of a licence or add a new condition but the Minister cannot vary the period for which a mining licence has effect.
S. 34(1A) inserted by No. 82/2000 s. 29(2), repealed by No. 63/2006 s. 20(1).
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(2) The Minister may act under subsection (1)—
(a) at the request of the licensee; or
S. 34(2)(ab) inserted by No. 47/2015 s. 8(1).
(ab) if the Minister decides it is necessary to eliminate or minimise the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work; or
S. 34(2)(b) amended by No. 47/2015 s. 8(2).
(b) if the Minister decides it is necessary for the rehabilitation or stabilisation of the land to which the licence applies; or
S. 34(2)(ba) inserted by No. 63/2006 s. 20(2)(a).
(ba) if the Minister decides it is necessary to ensure that appropriate environmental offsets are provided for or implemented; or
S. 34(2)(c) substituted by No. 63/2006 s. 20(2)(b).
(c) if the Minister decides it is
necessary for the protection of a community facility; or
S. 34(2)(ca) inserted by No. 86/1993 s. 16(2).
(ca) if the Minister decides it is necessary for the purpose of allowing access to and use of the land to which the licence applies by the holder of another licence that is limited to a particular stratum; or
S. 34(2)(cb) inserted by No. 86/1993 s. 16(2), amended by Nos 63/2006 s. 20(2)(c), 10/2014 s. 11(1).
(cb) if the Minister decides it is
necessary because of any condition imposed on the approval of a work plan or
of a variation of a work plan under section 40A or 41AAB; or
(d) in any other circumstances that are prescribed.
S. 34(2A) inserted by No. 82/2000 s. 29(3), repealed by No. 63/2006
s. 20(3),
new s. 34(2A) inserted by No. 10/2014 s. 11(2).
(2A) The Minister may also act under subsection (1) to make compliance with the Code of Practice a condition of—
(i) covers an area of 5 hectares or less; and
(ii) does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments; or
(b) a prospecting licence that does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments.
S. 34(3) amended by No. 86/1993 s. 16(3).
(3) A variation of a licence or a variation, suspension, revocation or addition of a licence condition has no effect until the instrument by which it was done is registered.
S.
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substituted by No. 82/2000 s. 30.