Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 765B

765B Application of s 431A for particular mining EA holders

(1) This section applies—

(a) to a mining EA holder for a mining lease who was required to have a plan of operations under the pre-amended Act if, before 1 April 2019—

(i) the holder gave a plan of operations for the mining lease to the administering authority; and

(ii) the plan period for the holder’s plan of operations ended; and

(iii) a new plan of operations was not given to the administering authority; or

(b) to a mining EA holder for a mining lease who was required to have a plan of operations under the pre-amended Act but, at the beginning of 1 April 2019, had not complied with the requirement; or

(c) to a mining EA applicant who became or becomes a mining EA holder on or after 1 April 2019.

(2) However, this section applies only if section 431A has not started to apply to the holder before the commencement.

(3) Section 431A does not apply to the holder until the earlier of the following days—

(a) the day the holder fails to give the administering authority 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 the holder fails to comply with a notice given to the holder under section 754 because—

(a) the holder purported to give the administering authority a proposed PRC plan in compliance with the notice; and

(b) the administering authority has given the holder written notice for a decision to refuse to approve the proposed PRCP schedule for the proposed PRC plan.

(5) Section 431A does not apply to the holder until—

(a) if the holder reapplies for approval of another proposed PRCP schedule within 40 business days after the written notice mentioned in subsection (4)(b) was 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) was given.