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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 753
Plan of operations for mining lease
753 Plan of operations for mining lease
(1) This section applies if— (a) a mining EA holder gave a plan of
operations to the administering authority for a mining lease under the
pre-amended Act; and
(b) on the commencement, the plan period for the plan
under the pre-amended Act, section 288(1)(b) has not ended.
(2) The plan of
operations continues as a plan of operations under the pre-amended Act, and
the pre-amended Act, sections 289, 290 and 291 continue to apply in relation
to the plan of operations, until the earliest of the following days— (a) the
day the plan period for the plan of operations ends;
(b) the day a PRCP
schedule is approved for the holder for the mining lease;
(c) if the holder
of the mining lease re-applies for an ERC decision under the amended Act,
section 304—the day the ERC decision for the application is made.
(2A)
However, from the commencement, the holder may not, under the pre-amended Act,
section 289— (a) replace the plan; or
(b) amend the plan in a way that
increases the total area of land the subject of a rehabilitation program
mentioned in the pre-amended Act, section 288(1)(c)(iii).
(3) If the plan of
operations ends before the day a PRCP schedule is approved for the holder’s
mining lease, section 431A does not apply to the holder until the earlier of
the following days— (a) the day the holder fails to give a proposed PRC plan
in compliance with a notice given to the holder under section 754;
(b) the
day a PRCP schedule is approved for the holder.
(4) However, subsection (5)
applies if— (a) the holder fails to comply with the notice given to the
holder under section 754 because the holder purported to give the
administering authority a proposed PRC plan in compliance with the notice; and
(b) the administering authority gives the holder written notice for a decision
to refuse to approve the proposed PRCP schedule.
(5) Section 431A does not
apply to the holder until— (a) if the holder re-applies for approval of
another proposed PRCP schedule within 40 business days after the written
notice is given—the day the administering authority— (i) issues a PRCP
schedule under section 195; or
(ii) gives the holder written notice refusing
to approve the other PRCP schedule; or
(b) otherwise—40 business days after
the written notice mentioned in subsection (4)(b) is given.
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