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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 585
What is a condition of a mining tenement for div 2
585 What is a condition of a mining tenement for div 2
(1) For this division, a
"condition" of a mining tenement means any of the following— (a) a condition
of the mining tenement determined, imposed or prescribed under the
Mineral Resources Act;
(b) a condition of, or stated in, the mining tenement;
(c) a commitment, obligation, requirement or undertaking under, or stated in,
the most recent version of a planning document for the mining tenement.
(2)
For subsection (1)(c), the most recent version of a planning document is taken
to be the original planning document adopted by the MRA department, as amended
from time to time by any amendment or purported amendment of the document
adopted by that department.
(3) For subsection (2), a document or amendment
is taken to have been adopted by the MRA department if— (a) it has been
accepted or approved under the Mineral Resources Act by the MRA Minister, the
mining registrar, the MRA department or an officer of that department; or
(b)
the MRA department, or an officer of that department, has accepted or
approved, or purported to accept or approve, the document or amendment,
whether or not the acceptance or approval was required by, or could lawfully
have been made under, the Mineral Resources Act.
(4) In this section—
"Mineral Resources Act" means that Act as in force from time to time before
the commencement day.
"MRA department" means the department through which the Mineral Resources Act
is administered.
"planning document" , for a mining tenement, means— (a) if the mining
tenement is a mining claim—the outline under the Mineral Resources Act,
section 61(1)(j)(iv) for the mining claim; or
(b) if the mining tenement is
an exploration permit—the statement under the Mineral Resources Act,
section 133(f)(i) specifying a description of the program of work for the
permit; or
(c) if the mining tenement is a mineral development licence—the
statement under the Mineral Resources Act, section 183(1)(m) containing
proposals for the licence mentioned in that paragraph; or
(d) if the mining
tenement is a mining lease— (i) any environmental management overview
strategy for the lease; and
(ii) either— (A) any plan of operations for the
lease under the Mineral Resources Act, part 7; or
(B) if there is no plan of
operations in force for the lease immediately before the
commencement day—the most recent expired plan of operations for the lease
under the Mineral Resources Act, part 7.
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