MINERAL RESOURCES DEVELOPMENT (SUSTAINABLE DEVELOPMENT) ACT 2006 (NO 63 OF 2006) - SECT 27 Variation of work plan on application of a licensee
MINERAL RESOURCES DEVELOPMENT (SUSTAINABLE DEVELOPMENT) ACT 2006 (NO 63 OF 2006) - SECT 27
Variation of work plan on application of a licensee(1) After section 41(2) of the Principal Act insert —
"(2A) In the case of a mining licence, if any part of the land relating to the variation of the work plan is Crown land, the Department Head must without delay lodge a copy of the variation to the work plan with the Crown land Minister.
(2B) Sub-section (2A) 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.
(2C) Within 28 days after the variation of the work plan is lodged with the Crown land Minister, 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 variation; and
(b) may recommend changes to be made
to the variation before it is approved or conditions to which an approval
should be made subject.".
s. 27
(2) For section 41(3)(e) of the Principal Act substitute —
"(e) the Crown land Minister giving the Minister comments under sub-section (2C);".
(3) After section 41(5) of the Principal Act insert —
"(5A) The conditions specified under sub-section (5) may include any of the matters set out in section 26(2).".
(4) After section 41(8) of the Principal Act insert —
"(9) If an application to vary the work plan consists solely of the inclusion of a community engagement plan in the work plan—
(a) the Department Head must give the licensee a written notice approving, or refusing to approve, or asking for changes to, the variation of a work plan within 30 days of receiving the application; and
(b) sub-sections (2A), (2B), (2C), (3), (4), (6) and (7) do not apply in respect of the variation.".