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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 126D
Requirements for proposed PRCP schedule
126D Requirements for proposed PRCP schedule
(1) A proposed PRCP schedule must— (a) for the area of each resource tenure
described in the PRC plan, state— (i) the proposed post-mining land use for
the land; or
(ii) that the applicant considers the land to be a non-use
management area; and
(b) for each proposed post-mining land use mentioned in
paragraph (a) (i) , state— (i) each rehabilitation milestone required to
achieve a stable condition for the land; and
(ii) when each rehabilitation
milestone is to be achieved; and
(c) for each non-use management area
mentioned in paragraph (a) (ii) , state— (i) each management milestone for
the area; and
(ii) when each management milestone is to be achieved; and
(d)
include maps showing the land mentioned in paragraphs (a) , (b) and (c) .
(2)
The PRCP schedule may state that land is a non-use management area only if—
(a) carrying out rehabilitation of the land would cause a greater risk of
environmental harm than not carrying out the rehabilitation; or
(b) both of
the following apply— (i) the risk of environmental harm as a result of not
carrying out rehabilitation of the land is confined to the area of the
relevant resource tenure;
(ii) the applicant considers, having regard to each
public interest consideration, that it is in the public interest for the land
not to be rehabilitated to a stable condition.
(3) Despite subsection (2) ,
if land the subject of the proposed PRCP schedule will contain a void situated
wholly or partly in a flood plain, the schedule must provide for
rehabilitation of the land to a stable condition.
(4) For subsection (1) (b)
(ii) , the PRCP schedule must provide for each rehabilitation milestone to be
achieved as soon as practicable after the land to which it relates becomes
available for rehabilitation.
(5) For subsection (4) , land is
"available for rehabilitation" if the land is not being mined, unless— (a)
the land is being used for operating infrastructure or machinery for mining,
including, for example, a dam or water storage facility; or
(b) the land is
identified in the proposed PRCP schedule or the application for an
environmental authority for relevant activities to which the schedule relates
as containing a probable or proved ore reserve that is to be mined within 10
years after the land would otherwise have become available for rehabilitation;
or
(ba) the land is required for the mining of a
probable or proved ore reserve mentioned in paragraph (b) ; or
(c) the land
contains permanent infrastructure identified in the proposed PRCP schedule as
remaining on the land for a post-mining land use.
(6) In this section—
"mined" means mined within the meaning of the Mineral Resources Act , section
6A .
"probable or proved ore reserve" means a probable ore reserve or proved ore
reserve mentioned in the listing rules made by ASX Limited (ACN 008 624 691)
for the listing of corporations on the Australian stock exchange.
"void" means an area of land to be excavated in the carrying out of a mining
activity.
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