MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 77I Extractive industry work authorities

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 77I

    (1)     A person who proposes to carry out an extractive industry may apply to the Minister for an authority to carry out the extractive industry.

    (2)     The Minister may grant or refuse to grant an authority to a person (who has applied for the authority) to carry out the extractive industry specified in the authority on the land specified in the authority.

    (3)     The Minister must not grant an authority under subsection (2) unless he or she is satisfied that the applicant has—

        (a)     when required under section 77G, a work plan approved under that section; and

        (b)     entered into a rehabilitation bond under section 80; and

        (c)     complied with any relevant planning scheme and obtained any necessary planning permit under that planning scheme; and

        (d)     obtained all necessary consents and other authorities required by or under this or any other Act; and

        (e)     in the case of Crown land, obtained the consent of the Crown land Minister—

and that the proposed extractive industry will, if carried out in accordance with the extractive industry work authority, comply with any relevant planning scheme.

    (4)     The Crown land Minister may consent to the carrying out of an extractive industry on C rown land―

        (a)     for an unlimited period or for a specified period; and

        (b)     unconditionally or subject to any specified conditions.

    (5)     An extractive industry work authority must describe the land in respect of which the work authority is granted.

    (6)     The grant of an extractive industry work authority under this section does not confer a right on the holder of the authority to enter any land without the consent of the owner of the land.

Note to s. 77I inserted by No. 62/2010 s. 140(2).

Note

The granting of an authority under this section may be a land use activity under the Traditional Owner Settlement Act 2010 if it relates to public land to which a land use activity agreement under that Act applies.

S. 77J inserted by No. 6/2009 s. 20.