MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 41 Application for variation of work plan

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 41

    (1)     The holder of a licence who—

        (a)     proposes to vary an approved work plan; or

S. 41(1)(b) amended by No. 47/2015 s. 10.

        (b)     is directed by the Department Head under section 41AA or clause 3 of Schedule 9 to lodge an application for approval of a variation of a work plan—

must lodge an application for approval of the variation with the Department Head.

    (2)     An application for approval of a variation must contain the prescribed information.

    (3)     A proposed specified variation that is the subject of an application must be statutorily endorsed.

S. 41(4) amended by No. 68/2014 s. 41.

    (4)     In the case of a mining licence or prospecting licence, if any part of the land relating to the proposed variation of the work plan is Crown land, the Department Head must without delay lodge a copy of the application with the Crown land Minister.

S. 41(4A) inserted by No. 22/2017 s. 9(1), amended by No. 32/2019 s. 7(1).

    (4A)     In the case of a mining licence, if any part of the land relating to the proposed variation of the work plan is land that forms part of declared mine land, the Department Head must without delay lodge a copy of the application with the Rehabilitation Authority.

    (5)     Subsection (4) does not apply if the only work set out in the work plan that is proposed to be done on the Crown land is exploration work.

    (6)     Within 28 days after the application is lodged with the Crown land Minister under subsection (4), or any longer period allowed by the Minister, the Crown land Minister—

        (a)     must give comments to the Minister on the rehabilitation plan included in the work plan if affected by the proposed variation; and

        (b)     may recommend changes to be made to the proposed variation before it is approved or conditions to which an approval should be made subject.

S. 41(7) inserted by No. 22/2017 s. 9(2), amended by No. 32/2019 s. 7(2).

    (7)     Within 28 days after the application is lodged with the Rehabilitation Authority under subsection (4A), or any longer period allowed by the Minister, the Rehabilitation Authority—

        (a)     must give comments to the Minister on the following if affected by the proposed variation—

              (i)     the rehabilitation plan included in the work plan;

              (ii)     the community engagement plan included in the work plan in respect of rehabilitation;

S. 41(7)(a)(iii) amended by No. 32/2019 s. 7(3).

              (iii)     in respect of the work plan, the identification of mining hazards on declared mine land in relation to the ending of mining and the rehabilitation of that land;

S. 41(7)(a)(iv) amended by No. 32/2019 s. 7(3).

              (iv)     in respect of the work plan, the identification and assessment of risk on declared mine land in relation to the ending of mining and the rehabilitation of that land;

S. 41(7)(a)(v) amended by No. 32/2019 s. 7(3).

              (v)     in respect of the work plan, the risk management plan for declared mine land in relation to the ending of mining and the rehabilitation of that land; and

        (b)     may recommend changes to be made to the proposed variation before it is approved or conditions to which an approval should be made subject.

S. 41AA

inserted by No. 82/2000 s. 38, amended by No. 63/2006 s. 28, substituted by No. 10/2014 s. 18.