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Western Australia Mining Legislation Amendment Bill 2015 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Mining Act 1978 amended 3. Act amended 3 4. Section 6 amended 3 5. Section 8 amended 3 6. Section 12 replaced 3 12. Delegation 3 7. Section 20 amended 4 8. Section 23A inserted 4 23A. Forfeiture of mining tenements 4 9. Section 40D amended 6 10. Section 46 amended 6 11. Section 46A deleted 7 12. Section 48 amended 7 13. Section 52 amended 7 14. Section 55 amended 7 15. Section 55A amended 8 16. Section 56A amended 8 17. Section 58 amended 8 18. Section 60 amended 9 19. Section 63 amended 9 20. Section 63AA deleted 10 21. Section 63A amended 10 22. Section 66 amended 10 23. Section 69C amended 11 24. Section 69D amended 11 25. Section 70F amended 11 26. Section 70H amended 11 128--2 page i Mining Legislation Amendment Bill 2015 Contents 27. Section 70I deleted 12 28. Section 70IA amended 12 29. Section 70J amended 13 30. Section 70K amended 13 31. Section 70L amended 14 32. Section 70O amended 14 33. Section 70P deleted 14 34. Section 74 amended 14 35. Section 82 amended 14 36. Section 82A deleted 15 37. Section 84AA deleted 15 38. Section 84 deleted 15 39. Section 84A amended 15 40. Section 90 amended 15 41. Section 92 amended 16 42. Section 96 amended 16 43. Section 102 amended 17 44. Section 102A amended 19 45. Section 103 deleted 20 46. Part IVAA inserted 20 Part IVAA --Environmental management Division 1 -- Preliminary 103AA. Terms used 20 103AB. Object of Part 21 103AC. Low-impact activities 21 103AD. False or misleading information 21 Division 2 -- Programmes of work 103AE. Conditions attached to prospecting licences, exploration licences and retention licences 22 103AF. Conditions attached to mining leases 23 103AG. Conditions attached to miscellaneous licences 25 Division 3 -- Mining proposals 103AH. Conditions attached to mining leases 26 103AI. Conditions attached to miscellaneous licences 28 103AJ. Review of mine closure plans: condition attached to mining leases 29 103AK. Review of mine closure plans: condition attached to miscellaneous licences 30 page ii Mining Legislation Amendment Bill 2015 Contents Division 4 -- Programmes of work and mining proposals: requirements and approvals 103AL. Terms used 31 103AM. Guidelines 32 103AN. Requirements as to form and content 34 103AO. Lodging and approving programmes of work 35 103AP. Lodging and approving mining proposals 36 103AQ. Matters to be considered when assessing programmes of work or mining proposals 38 103AR. Director General of Mines may require revised programme of work or mining proposal to be lodged 39 103AS. Replacement or change of approvals under this Part 40 103AT. Lodging reviewed mine closure plans and approvals 40 Division 5 -- Low-impact activities 103AU. Giving notice of low-impact activity and notice of completion of low-impact activity 40 103AV. When prescribed requirements for carrying out low-impact activities must be followed 41 Division 6 -- Other conditions 103AW. Conditions for preventing, reducing or remediating environmental harm and for other purposes 42 103AX. Conditions relating to mining operations within specified distance of natural surface of land 43 103AY. Conditions relating to clearing of native vegetation 43 103AZA. Conditions relating to monitoring and reporting of operations and environmental harm 44 103AZB. Security for compliance with conditions for preventing, reducing or remediating environmental harm 44 47. Sections 103AZC and 103AZD inserted 45 103AZC. Environmental management systems 45 103AZD. Duty to prevent or reduce environmental harm 46 48. Section 114B amended 48 49. Section 126 amended 48 50. Section 156 amended 49 51. Section 158 amended 49 52. Section 162 amended 50 page iii Mining Legislation Amendment Bill 2015 Contents 53. Second Schedule amended 54 Division 3 -- Provisions relating to Mining Legislation Amendment Act 2015 20. Term used: commencement day 54 21. Continuation of conditions for prevention or reduction of injury to land 54 22. Continuation of securities 55 23. Transitional provisions for programmes of work 56 24. Transitional provisions for mining proposals 57 Part 3 -- Mining Legislation Amendment Act 2014 amended 54. Act amended 59 55. Section 8 deleted 59 Part 4 -- Environmental Protection Act 1986 amended 56. Act amended 60 57. Schedule 6 amended 60 Part 5 -- Mining Rehabilitation Fund Act 2012 amended 58. Act amended 61 59. Section 3 amended 61 60. Section 12 amended 61 61. Section 15 amended 62 page iv Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Mining Legislation Amendment Bill 2015 A Bill for An Act to amend -- • the Mining Act 1978; and • the Mining Legislation Amendment Act 2014; and • the Environmental Protection Act 1986; and • the Mining Rehabilitation Fund Act 2012. The Parliament of Western Australia enacts as follows: page 1 Mining Legislation Amendment Bill 2015 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Mining Legislation Amendment Act 2015. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 Royal Assent; 8 (b) the rest of the Act, other than sections 40(4), 47 9 and 52(2)(b) -- on a day fixed by proclamation, and 10 different days may be fixed for different provisions; 11 (c) sections 40(4), 47 and 52(2)(b) -- on the day after the 12 period of 2 years beginning on the day on which 13 section 46 comes into operation. page 2 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 3 1 Part 2 -- Mining Act 1978 amended 2 3. Act amended 3 This Part amends the Mining Act 1978. 4 4. Section 6 amended 5 In section 6(1d): 6 (a) in paragraph (a) delete "section 82(1)(ca); or" and insert: 7 8 section 103AF(2) or (3), or a notice under 9 section 103AR(2); or 10 11 (b) in paragraph (b) delete "section 82A." and insert: 12 13 section 103AH(2) or (3), or a notice under 14 section 103AR(4). 15 16 5. Section 8 amended 17 In section 8(1) delete the definition of ground disturbing 18 equipment. 19 6. Section 12 replaced 20 Delete section 12 and insert: 21 22 12. Delegation 23 (1) The Minister may delegate to an officer of the 24 Department any power or duty of the Minister except 25 this power of delegation. 26 (2) A delegation under subsection (1) must be in writing 27 signed by the Minister. page 3 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 7 1 (3) The Director General of Mines may delegate to an 2 officer of the Department any power or duty of the 3 Director General of Mines except this power of 4 delegation. 5 (4) A delegation under subsection (3) must be in writing 6 signed by the Director General of Mines. 7 (5) A person exercising or performing a power or duty that 8 has been delegated to the person under this section, is 9 to be taken to do so in accordance with the terms of the 10 delegation unless the contrary is shown. 11 (6) Nothing in this section limits the ability of the Minister 12 or the Director General of Mines to perform a function 13 through an officer or agent. 14 15 7. Section 20 amended 16 Delete section 20(5a)(d)(i) and insert: 17 18 (i) take all necessary steps to prevent 19 damage or injury to property or 20 livestock whether resulting from fire, 21 the presence of dogs, the discharge of 22 firearms, the use of vehicles or any 23 other cause; and 24 25 8. Section 23A inserted 26 After section 23 insert: 27 28 23A. Forfeiture of mining tenements 29 (1) If a mining tenement is liable to forfeiture under 30 section 23(3), the Minister may cause the mining 31 tenement to be forfeited by declaring by notice page 4 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 8 1 published in the Gazette that the mining tenement is 2 forfeited. 3 (2) The Minister may, for any cause that he or she deems 4 sufficient and subject to subsection (3), by notice 5 published in the Gazette -- 6 (a) cancel a declaration made under subsection (1); 7 and 8 (b) restore the mining tenement to which the 9 declaration referred to in paragraph (a) relates 10 to the holder. 11 (3) The Minister may, in effecting the cancellation and 12 restoration referred to in subsection (2), impose on the 13 mining tenement restored under that subsection such 14 conditions as the Minister thinks fit. 15 (4) The production of a copy of the Gazette containing a 16 notice published under subsection (1) or (2) is evidence 17 that the mining tenement concerned has been forfeited 18 or restored, as the case requires. 19 (5) The Minister, as he or she thinks fit in the 20 circumstances of the case, as an alternative to causing 21 the mining tenement to be forfeited, may -- 22 (a) impose on the holder of the mining tenement a 23 penalty not exceeding $75 000 if the holder is 24 an individual or $150 000 if the holder is a 25 body corporate; or 26 (b) impose no penalty on the holder. 27 (6) If a penalty is imposed as an alternative to forfeiture 28 under subsection (5), the mining tenement is forfeited 29 if the penalty is not paid -- 30 (a) within the time specified by the Minister; or 31 (b) if no other time is specified by the Minister, 32 within 30 days of written notice of the penalty page 5 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 9 1 being given by the Minister to the holder of the 2 mining tenement. 3 4 9. Section 40D amended 5 In section 40D(2): 6 (a) in paragraph (c)(i) delete "which are likely to" and 7 insert: 8 9 may 10 11 (b) delete paragraph (d) and insert: 12 13 (d) must take all necessary steps to prevent damage 14 or injury to property or livestock whether 15 resulting from fire, the presence of dogs, the 16 discharge of firearms, the use of vehicles or any 17 other cause. 18 19 10. Section 46 amended 20 In section 46: 21 (a) delete paragraph (aa); 22 (b) delete paragraph (b) and insert: 23 24 (b) that all holes, pits, trenches and other 25 disturbances to the surface of the land the 26 subject of the prospecting licence that -- 27 (i) are made while prospecting; and 28 (ii) may endanger the safety of any person 29 or animal, 30 will be filled in or otherwise made safe; 31 page 6 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 11 1 (c) delete paragraph (c) and insert: 2 3 (c) that all necessary steps are taken by the holder 4 to prevent damage or injury to property or 5 livestock whether resulting from fire, the 6 presence of dogs, the discharge of firearms, the 7 use of vehicles or any other cause. 8 9 11. Section 46A deleted 10 Delete section 46A. 11 12. Section 48 amended 12 In section 48(b) and (c) after "25," insert: 13 14 and the conditions referred to in section 103AE, 15 16 13. Section 52 amended 17 (1) Delete section 52(1a). 18 (2) In section 52(2) delete "or (1a)". 19 14. Section 55 amended 20 After section 55(4) insert: 21 22 (5) Subsection (1), (2), (3) or (4) does not apply to the 23 approval of retention status under section 54 for land 24 unless consent to the carrying out of mining on the land 25 has previously been given by the Minister under 26 section 24, 24A or 25, as the case may be. 27 page 7 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 15 1 15. Section 55A amended 2 In section 55A(1) and (2) delete "programme of work" and 3 insert: 4 5 works schedule 6 7 Note: The heading to amended section 55A is to read: 8 Works schedule 9 16. Section 56A amended 10 In section 56A(6)(b) delete "shall" and insert: 11 12 subject to the conditions referred to in section 103AE, shall 13 14 17. Section 58 amended 15 Before section 58(2) insert: 16 17 (1A) Subsection (1B) applies if -- 18 (a) a person (the original applicant) has lodged an 19 application referred to in subsection (1) for an 20 exploration licence in respect of an area (the 21 exploration area); and 22 (b) the Minister has not determined the application 23 by granting or refusing the exploration licence 24 under section 59(6), 25 and applies even if the application has been withdrawn. 26 (1B) If this subsection applies, an application referred to in 27 subsection (1) lodged by the original applicant, or by a 28 person related to the original applicant, in respect of -- 29 (a) the exploration area; or page 8 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 18 1 (b) an area included in the exploration area; or 2 (c) an area that includes the exploration area, 3 cannot be dealt with under section 59 unless the 4 Minister advises the mining registrar and the warden in 5 writing that the Minister considers that there are special 6 circumstances justifying it being so dealt with. 7 (1C) Subsection (1B) has effect despite any other provision 8 of this Division. 9 10 18. Section 60 amended 11 (1) Delete section 60(1a). 12 (2) In section 60(2) delete "or (1a)". 13 19. Section 63 amended 14 In section 63: 15 (a) delete paragraph (aa); 16 (b) delete paragraph (b) and insert: 17 18 (b) will fill in or otherwise make safe all holes, 19 pits, trenches and other disturbances to the 20 surface of the land the subject of the 21 exploration licence that -- 22 (i) are made while exploring for minerals; 23 and 24 (ii) may endanger the safety of any person 25 or animal; 26 and 27 page 9 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 20 1 (c) delete paragraph (c) and insert: 2 3 (c) will take all necessary steps to prevent damage 4 or injury to property or livestock whether 5 resulting from fire, the presence of dogs, the 6 discharge of firearms, the use of vehicles or any 7 other cause. 8 9 20. Section 63AA deleted 10 Delete section 63AA. 11 21. Section 63A amended 12 In section 63A: 13 (a) in paragraph (aa) delete "section 60(1a), 65(4), 69E(2)" 14 and insert: 15 16 section 65(4), 69E(2), 103AZB(1) 17 18 (b) in paragraph (b) delete "section 63," and insert: 19 20 section 63 or 103AE, or any conditions imposed under 21 section 69D(1) or 103AW(1), 22 23 22. Section 66 amended 24 In section 66(b) and (c) after "25," insert: 25 26 and the conditions referred to in section 103AE, 27 page 10 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 23 1 23. Section 69C amended 2 After section 69C(4) insert: 3 4 (5) Subsection (1), (2), (3) or (4) does not apply to the 5 approval of retention status under section 69B for land 6 unless consent to the carrying out of mining on the land 7 has previously been given by the Minister under 8 section 24, 24A or 25, as the case may be. 9 10 24. Section 69D amended 11 In section 69D(1) and (2) delete "programme of work" and 12 insert: 13 14 works schedule 15 16 Note: The heading to amended section 69D is to read: 17 Works schedule 18 25. Section 70F amended 19 (1) Delete section 70F(2). 20 (2) In section 70F(3) delete "or (2)". 21 26. Section 70H amended 22 In section 70H(1): 23 (a) delete paragraph (aa); 24 (b) delete paragraph (a) and insert: 25 26 (a) fill in or otherwise make safe all holes, pits, 27 trenches and other disturbances to the surface 28 of the land the subject of the licence that -- 29 (i) are made while exploring for minerals; 30 and page 11 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 27 1 (ii) may endanger the safety of any person 2 or animal; 3 and 4 5 (c) delete paragraph (b) and insert: 6 7 (b) take all necessary steps to prevent damage or 8 injury to property or livestock whether resulting 9 from fire, the presence of dogs, the discharge of 10 firearms, the use of vehicles or any other cause; 11 and 12 13 27. Section 70I deleted 14 Delete section 70I. 15 28. Section 70IA amended 16 In section 70IA: 17 (a) in subsections (1) and (2) delete "programme of work" 18 and insert: 19 20 works schedule 21 22 (b) delete subsection (3) and insert: 23 24 (3) A condition imposed under subsection (1) may be 25 cancelled or varied by the Minister at any time. 26 (4A) A condition imposed under subsection (1) may, either 27 in full or with sufficient particularity as to identify the 28 recommendation or other source from which it derives, 29 be endorsed on the licence, for which purpose the 30 holder of the licence shall produce the licence on 31 demand. page 12 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 29 1 (4B) Whether or not a condition imposed under 2 subsection (1) is endorsed on the licence, on notice of 3 the imposition of the condition being given in writing 4 to the holder of the licence the condition has effect for 5 all purposes as a condition to which the licence is 6 subject. 7 8 Note: The heading to amended section 70IA is to read: 9 Works schedule 10 29. Section 70J amended 11 In section 70J(b) and (c) after "25," insert: 12 13 and the conditions referred to in section 103AE, 14 15 30. Section 70K amended 16 In section 70K: 17 (a) in paragraph (b)(i) delete "section 70H; and" and insert: 18 19 section 70H or 103AE; and 20 21 (b) in paragraph (b)(ii) delete "section 70I or 70IA," and 22 insert: 23 24 section 70IA(1) or 103AW(1), 25 26 (c) in paragraph (bb) delete "section 70F(2)" and insert: 27 28 section 103AZB(1) 29 page 13 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 31 1 31. Section 70L amended 2 In section 70L(1)(b) delete "section 70I or 70IA; and" and 3 insert: 4 5 section 70IA(1) or 103AW(1); and 6 7 32. Section 70O amended 8 Delete section 70O(1). 9 Note: The heading to amended section 70O is to read: 10 Meaning of significant mineralisation 11 33. Section 70P deleted 12 Delete section 70P. 13 34. Section 74 amended 14 (1) Delete section 74(1)(ca)(i) and insert: 15 16 (i) a mining proposal in accordance with 17 Part IVAA Division 4; or 18 19 (2) In section 74(1AA) delete "and in the prescribed manner". 20 35. Section 82 amended 21 (1) In section 82(1): 22 (a) delete paragraph (ca); 23 (b) delete paragraph (ga); 24 (c) in paragraph (g) delete "section 84A(2)" and insert: 25 26 section 103AZB(1) 27 page 14 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 36 1 (2) Delete section 82(1b). 2 36. Section 82A deleted 3 Delete section 82A. 4 37. Section 84AA deleted 5 Delete section 84AA. 6 38. Section 84 deleted 7 Delete section 84. 8 39. Section 84A amended 9 (1) Delete section 84A(2). 10 (2) In section 84A(3) delete "or (2)". 11 40. Section 90 amended 12 (1) In section 90(1): 13 (a) in paragraph (a) delete "subsections" and insert: 14 15 subsections, other than in subsection (1d)(a), 16 17 (b) delete paragraph (b) and insert: 18 19 (b) subsection (1d)(a) were replaced by the 20 following paragraph -- 21 22 (a) a programme of work lodged by the 23 holder of the general purpose lease in 24 compliance with a condition prescribed 25 by the regulations for the purposes of 26 section 89; or 27 page 15 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 41 1 (2) Delete section 90(2)(b) and insert: 2 3 (b) subsection (1)(ca)(ii) and (iii) were replaced by 4 the following subparagraph -- 5 6 (ii) a statement in accordance with 7 subsection (1a); 8 9 10 (3) In section 90(4) delete "82A, 83, 84, 84A," and insert: 11 12 83, 84A, 103AH, 13 14 (4) In section 90(4) as amended by subsection (3) after "103AH," 15 insert: 16 17 103AZC, 103AZD, 18 19 41. Section 92 amended 20 In section 92 delete "46A,". 21 42. Section 96 amended 22 In section 96(2): 23 (a) in paragraph (b) delete "section 46 or section 50," and 24 insert: 25 26 section 46, 50, 103AE, 103AG or 103AI 27 page 16 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 43 1 (b) in paragraph (bb) delete "section 52(1a), 55B(2)" and 2 insert: 3 4 section 55B(2), 103AZB(1) 5 6 43. Section 102 amended 7 (1) Delete section 102(1) and insert: 8 9 (1) An application (an application for exemption) may be 10 made to the mining registrar, as prescribed, by the 11 holder of a mining tenement (other than a retention 12 licence), or the holder's authorised agent, for a total or 13 partial exemption of the mining tenement from the 14 prescribed expenditure conditions relating to it in an 15 amount not exceeding -- 16 (a) in the case of any mining tenement, the amount 17 required to be expended in the year specified in 18 the application; or 19 (b) in the case of a mining lease, the amount 20 required to be expended in the period of 5 years 21 from the commencement of the year specified 22 in the application. 23 24 (2) After section 102(1a) insert: 25 26 (1B) An application for exemption must be made before the 27 end of the year specified in the application, or within 28 the prescribed period after the end of that year. 29 30 (3) In section 102(2) delete "A certificate of " and insert: 31 32 An 33 page 17 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 43 1 (4) In section 102(3) delete "a certificate of " and insert: 2 3 an 4 5 (5) Delete section 102(5) to (7) and insert: 6 7 (5) A person who wishes to object to the granting of an 8 exemption shall lodge a notice of objection within the 9 prescribed time and in the prescribed manner. 10 (6) If no notice of objection is lodged within the prescribed 11 time, or any notice of objection is withdrawn, the 12 mining registrar shall forward the application for 13 exemption to the Minister for determination. 14 (7) If a notice of objection -- 15 (a) is lodged within the prescribed time; or 16 (b) where the application for exemption has been 17 forwarded to the Minister under subsection (6), 18 is lodged before the Minister has determined 19 the application for exemption under 20 subsection (9) and the warden is satisfied that 21 there are reasonable grounds for late lodgment, 22 and the notice of objection is not withdrawn, the 23 warden shall hear the application for exemption on a 24 day appointed by the warden and may give any person 25 who has lodged a notice of objection an opportunity to 26 be heard. 27 (8) If an application for exemption is heard by the warden 28 under subsection (7) the warden shall as soon as 29 practicable after the hearing of the application transmit 30 to the Minister -- 31 (a) the notes of evidence given in the hearing; and page 18 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 44 1 (b) any maps or other documents referred to in the 2 hearing; and 3 (c) the warden's report recommending the granting 4 or refusal of the application and setting out the 5 reasons for that recommendation. 6 (9) If an application for exemption is not heard by the 7 warden or the Minister receives a report under 8 subsection (8), the Minister may -- 9 (a) in the case of an application for exemption 10 made under subsection (1)(a), grant an 11 exemption in an amount not exceeding the 12 amount required to be expended in respect of 13 the mining tenement in the year specified in the 14 application; or 15 (b) in the case of an application for exemption 16 made under subsection (1)(b), grant an 17 exemption in an amount not exceeding the 18 amount required to be expended in respect of 19 the mining lease in the period of 5 years from 20 the commencement of the year specified in the 21 application, 22 or may refuse the application for exemption. 23 (10) If the Minister has received a report under 24 subsection (8), the Minister may grant an exemption 25 under subsection (9) whether or not the report 26 recommends the granting of an exemption. 27 28 44. Section 102A amended 29 In section 102A(1) delete "certificate in the prescribed form 30 totally or partially exempting the holder of that licence" and 31 insert: 32 33 total or partial exemption 34 page 19 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 45 1 45. Section 103 deleted 2 Delete section 103. 3 46. Part IVAA inserted 4 Before Part IVA insert: 5 6 Part IVAA -- Environmental management 7 Division 1 -- Preliminary 8 103AA. Terms used 9 In this Part -- 10 clearing has the meaning given in the Environmental 11 Protection Act 1986 section 51A; 12 environment means -- 13 (a) ecosystems and their constituent parts; and 14 (b) natural physical and biological attributes of 15 land, 16 but does not include -- 17 (c) man-made structures or works on land; or 18 (d) social, economic, heritage and cultural features 19 of land; 20 environmental harm means adverse ecological effects 21 on the environment; 22 guidelines means guidelines approved under 23 section 103AM; 24 low-impact activity means a low-impact activity 25 prescribed under section 103AC(1); 26 native vegetation has the meaning given in the 27 Environmental Protection Act 1986 section 51A; page 20 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 practicable means reasonably practicable having 2 regard to, among other things, local conditions and 3 circumstances (including costs) and to the current state 4 of technical knowledge. 5 103AB. Object of Part 6 The object of this Part is to support the responsible 7 environmental management of mining, including land 8 rehabilitation and mine closure. 9 103AC. Low-impact activities 10 (1) The regulations may prescribe an activity relating to, or 11 connected with, mining to be a low-impact activity for 12 the purposes of this Part. 13 (2) Without limiting the generality of subsection (1), 14 regulations under that subsection may be made in 15 respect of clearing. 16 103AD. False or misleading information 17 (1) A person must not do any of the things set out in 18 subsection (2) in or in relation to a document lodged, or 19 a notice given, under this Part. 20 Penalty: a fine of $20 000. 21 (2) The things to which subsection (1) applies are -- 22 (a) make a statement which the person knows is 23 false or misleading in a material particular; or 24 (b) make a statement which is false or misleading 25 in a material particular, with reckless disregard 26 as to whether or not the statement is false or 27 misleading in a material particular; or 28 (c) provide, or cause to be provided, information 29 that the person knows is false or misleading in a 30 material particular; or page 21 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 (d) provide, or cause to be provided, information 2 that is false or misleading in a material 3 particular, with reckless disregard as to whether 4 the information is false or misleading in a 5 material particular; or 6 (e) omit, or cause to be omitted, information 7 without which the document or notice (as the 8 case may be) is to the person's knowledge 9 misleading in a material particular. 10 Division 2 -- Programmes of work 11 103AE. Conditions attached to prospecting licences, 12 exploration licences and retention licences 13 (1) In this section -- 14 licence means -- 15 (a) a prospecting licence; or 16 (b) an exploration licence; or 17 (c) a retention licence; 18 relevant activity, done on land the subject of a licence, 19 means any of the following -- 20 (a) clearing on the land for the purposes of, or in 21 preparation for, prospecting or exploring for 22 minerals; 23 (b) using machinery to disturb the surface of the 24 land for the purposes of, or in preparation for, 25 prospecting or exploring for minerals; 26 (c) prospecting; 27 (d) exploring for minerals. page 22 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 (2) It is a condition of every licence that a relevant activity 2 that is a low-impact activity must not be done by the 3 licensee on land the subject of the licence until -- 4 (a) the licensee has given a notice of low-impact 5 activity in respect of the relevant activity; or 6 (b) the licensee has lodged a programme of work in 7 respect of the relevant activity in accordance 8 with Division 4, and the relevant activity is 9 approved under this Part. 10 (3) It is a condition of every licence that a relevant activity 11 that is not a low-impact activity must not be done by 12 the licensee on land the subject of the licence until the 13 licensee has lodged a programme of work in respect of 14 the relevant activity in accordance with Division 4, and 15 the relevant activity is approved under this Part. 16 (4) It is a condition of every licence that, if a relevant 17 activity on land the subject of the licence is approved 18 under this Part, the licensee must not do the relevant 19 activity on the land otherwise than in accordance with 20 the approval. 21 103AF. Conditions attached to mining leases 22 (1) In this section -- 23 relevant activity, done on land the subject of a mining 24 lease, means any of the following -- 25 (a) clearing on the land for the purposes of, or in 26 preparation for, exploring for minerals; 27 (b) using machinery to disturb the surface of the 28 land for the purposes of, or in preparation for, 29 exploring for minerals; 30 (c) exploring for minerals. 31 (2) It is a condition of every mining lease that a relevant 32 activity that is a low-impact activity must not be done page 23 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 by the lessee on land the subject of the mining lease 2 until -- 3 (a) the lessee has given a notice of low-impact 4 activity in respect of the relevant activity; or 5 (b) the lessee has lodged a programme of work in 6 respect of the relevant activity in accordance 7 with Division 4, and the relevant activity is 8 approved under this Part. 9 (3) It is a condition of every mining lease that a relevant 10 activity that is not a low-impact activity must not be 11 done by the lessee on land the subject of the mining 12 lease until the lessee has lodged a programme of work 13 in respect of the relevant activity in accordance with 14 Division 4, and the relevant activity is approved under 15 this Part. 16 (4) A lessee of a mining lease is not required to comply 17 with the condition referred to in subsection (2) or (3) in 18 respect of a relevant activity that is -- 19 (a) proposed in a mining proposal relating to the 20 mining lease and lodged in accordance with 21 Division 4; and 22 (b) approved under this Part. 23 (5) It is a condition of every mining lease that, if a relevant 24 activity on land the subject of the lease is approved 25 under this Part, the lessee must not do the relevant 26 activity on the land otherwise than in accordance with 27 the approval. 28 (6) If a mining lease is granted, or held, pursuant to a 29 Government agreement, as defined in the Government 30 Agreements Act 1979 section 2, in accordance with 31 proposals approved, deemed to be approved or 32 determined under the agreement, this section does not 33 apply to the mining lease unless the agreement 34 otherwise provides. page 24 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 103AG. Conditions attached to miscellaneous licences 2 (1) In this section -- 3 licensed activity means an activity authorised by the 4 miscellaneous licence but does not include prescribed 5 mining operations as defined in section 103AI(1); 6 relevant activity, done on land the subject of a 7 miscellaneous licence, means any of the following -- 8 (a) clearing on the land for the purposes of, or in 9 preparation for, a licensed activity; 10 (b) using machinery to disturb the surface of the 11 land for the purposes of, or in preparation for, a 12 licensed activity; 13 (c) a licensed activity. 14 (2) It is a condition of every miscellaneous licence that a 15 relevant activity that is a low-impact activity must not 16 be done by the licensee on land the subject of the 17 miscellaneous licence until -- 18 (a) the licensee has given a notice of low-impact 19 activity in respect of the relevant activity; or 20 (b) the licensee has lodged a programme of work in 21 respect of the relevant activity in accordance 22 with Division 4, and the relevant activity is 23 approved under this Part. 24 (3) It is a condition of every miscellaneous licence that a 25 relevant activity that is not a low-impact activity must 26 not be done by the licensee on land the subject of the 27 miscellaneous licence until the licensee has lodged a 28 programme of work in respect of the relevant activity 29 in accordance with Division 4, and the relevant activity 30 is approved under this Part. page 25 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 (4) A licensee is not required to comply with the condition 2 referred to in subsection (2) or (3) in respect of a 3 relevant activity that is -- 4 (a) proposed in a mining proposal relating to the 5 miscellaneous licence and lodged in accordance 6 with Division 4; and 7 (b) approved under this Part. 8 (5) It is a condition of every miscellaneous licence that, if 9 a relevant activity on land the subject of the 10 miscellaneous licence is approved under this Part, the 11 licensee must not do the relevant activity on the land 12 otherwise than in accordance with the approval. 13 (6) If a miscellaneous licence is granted, or held, pursuant 14 to a Government agreement, as defined in the 15 Government Agreements Act 1979 section 2, in 16 accordance with proposals approved, deemed to be 17 approved or determined under the agreement, this 18 section does not apply to the miscellaneous licence 19 unless the agreement otherwise provides. 20 Division 3 -- Mining proposals 21 103AH. Conditions attached to mining leases 22 (1) In this section -- 23 prescribed mining operations means mining 24 operations prescribed for the purposes of this 25 definition; 26 relevant activity, done on land the subject of a mining 27 lease, means any of the following -- 28 (a) clearing on the land for the purposes of, or in 29 preparation for, prescribed mining operations; 30 (b) using machinery to disturb the surface of the 31 land for the purposes of, or in preparation for, 32 prescribed mining operations; page 26 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 (c) prescribed mining operations. 2 (2) It is a condition of every mining lease that a relevant 3 activity that is a low-impact activity must not be done 4 by the lessee on land the subject of the mining lease 5 until -- 6 (a) the lessee has given a notice of low-impact 7 activity in respect of the relevant activity; or 8 (b) the lessee has lodged a mining proposal in 9 respect of the relevant activity in accordance 10 with Division 4, and the relevant activity is 11 approved under this Part. 12 (3) It is a condition of every mining lease that a relevant 13 activity that is not a low-impact activity must not be 14 done by the lessee on land the subject of the mining 15 lease until the lessee has lodged a mining proposal in 16 respect of the relevant activity in accordance with 17 Division 4, and the relevant activity is approved under 18 this Part. 19 (4) It is a condition of every mining lease that, if a relevant 20 activity on land the subject of the lease is approved 21 under this Part, the lessee must not do the relevant 22 activity on the land otherwise than in accordance with 23 the approval. 24 (5) If a mining lease is granted, or held, pursuant to a 25 Government agreement, as defined in the Government 26 Agreements Act 1979 section 2, in accordance with 27 proposals approved, deemed to be approved or 28 determined under the agreement, this section does not 29 apply to the mining lease unless the agreement 30 otherwise provides. page 27 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 103AI. Conditions attached to miscellaneous licences 2 (1) In this section -- 3 prescribed mining operations means mining 4 operations prescribed for the purposes of this 5 definition; 6 relevant activity, done on land the subject of a 7 miscellaneous licence, means any of the following -- 8 (a) clearing on the land for the purposes of, or in 9 preparation for, prescribed mining operations; 10 (b) using machinery to disturb the surface of the 11 land for the purposes of, or in preparation for, 12 prescribed mining operations; 13 (c) prescribed mining operations. 14 (2) It is a condition of every miscellaneous licence that a 15 relevant activity that is a low-impact activity must not 16 be done by the licensee on land the subject of the 17 miscellaneous licence until -- 18 (a) the licensee has given a notice of low-impact 19 activity in respect of the relevant activity; or 20 (b) the licensee has lodged a mining proposal in 21 respect of the relevant activity in accordance 22 with Division 4, and the relevant activity is 23 approved under this Part. 24 (3) It is a condition of every miscellaneous licence that a 25 relevant activity that is not a low-impact activity must 26 not be done by the licensee on land the subject of the 27 miscellaneous licence until the licensee has lodged a 28 mining proposal in respect of the relevant activity in 29 accordance with Division 4, and the relevant activity is 30 approved under this Part. 31 (4) It is a condition of every miscellaneous licence that, if 32 a relevant activity on land the subject of the 33 miscellaneous licence is approved under this Part, the page 28 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 licensee must not do the relevant activity on the land 2 otherwise than in accordance with the approval. 3 (5) If a miscellaneous licence is granted, or held, pursuant 4 to a Government agreement, as defined in the 5 Government Agreements Act 1979 section 2, in 6 accordance with proposals approved, deemed to be 7 approved or determined under the agreement, this 8 section does not apply to the miscellaneous licence 9 unless the agreement otherwise provides. 10 103AJ. Review of mine closure plans: condition attached to 11 mining leases 12 (1) In this section -- 13 commencement day means the day of the coming into 14 operation of the Mining Legislation Amendment 15 Act 2015 section 36; 16 former section 82A(2)(b) means section 82A(2)(b) as 17 in force immediately before commencement day; 18 relevant mining proposal, in relation to a mining lease, 19 means a mining proposal in respect of activities -- 20 (a) on land the subject of the mining lease; and 21 (b) approved under this Part. 22 (2) It is a condition of every mining lease that the lessee 23 must, in accordance with this section and Division 4 -- 24 (a) review the mine closure plan contained in a 25 relevant mining proposal and lodge a reviewed 26 mine closure plan; and 27 (b) obtain the written approval of the reviewed 28 mine closure plan from the Director General of 29 Mines. page 29 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 (3) A mine closure plan contained in a relevant mining 2 proposal must be reviewed and a reviewed mine 3 closure plan lodged -- 4 (a) if the mining proposal accompanied the 5 application for the mining lease under 6 section 74(1)(ca), no later than 3 years after the 7 mining lease is granted; or 8 (b) if there was, immediately before 9 commencement day, approval of the mining 10 proposal as described in former 11 section 82A(2)(b), no later than 3 years after 12 the approval; or 13 (c) in each other case, no later than 3 years after 14 the day on which an activity proposed in the 15 mining proposal is approved under this Part. 16 (4) In addition to the requirement in subsection (3), a mine 17 closure plan contained in a relevant mining proposal 18 must be reviewed, and a reviewed mine closure plan 19 lodged, no later than 3 years after its most recent 20 review was approved. 21 (5) The Director General of Mines may, by notice in 22 writing to the lessee of a mining lease, extend the time 23 by which a mine closure plan must be reviewed, and a 24 reviewed mine closure plan lodged, under 25 subsection (3) or (4). 26 103AK. Review of mine closure plans: condition attached to 27 miscellaneous licences 28 (1) In this section -- 29 relevant mining proposal, in relation to a 30 miscellaneous licence, means a mining proposal in 31 respect of activities -- 32 (a) on land the subject of the miscellaneous 33 licence; and page 30 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 (b) approved under this Part. 2 (2) It is a condition of every miscellaneous licence that the 3 licensee must, in accordance with this section and 4 Division 4 -- 5 (a) review the mine closure plan contained in a 6 relevant mining proposal and lodge a reviewed 7 mine closure plan; and 8 (b) obtain the written approval of the reviewed 9 mine closure plan from the Director General of 10 Mines. 11 (3) A mine closure plan contained in a relevant mining 12 proposal must be reviewed, and a reviewed mine 13 closure plan lodged, no later than 3 years after the day 14 on which an activity proposed in the mining proposal is 15 approved under this Part. 16 (4) In addition to the requirement in subsection (3), a mine 17 closure plan contained in a relevant mining proposal 18 must be reviewed, and a reviewed mine closure plan 19 lodged, no later than 3 years after its most recent 20 review was approved. 21 (5) The Director General of Mines may, by notice in 22 writing to the licensee, extend the time by which a 23 mine closure plan must be reviewed, and a reviewed 24 mine closure plan lodged, under subsection (3) or (4). 25 Division 4 -- Programmes of work and mining 26 proposals: requirements and approvals 27 103AL. Terms used 28 In this Division -- 29 lodging party means -- 30 (a) in relation to a programme of work lodged 31 under section 103AO, the holder of a mining 32 tenement who lodged the programme of work; 33 or page 31 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 (b) in relation to a mining proposal lodged under 2 section 103AP, the holder of a mining tenement 3 who lodged the mining proposal; 4 mining proposal means a mining proposal -- 5 (a) accompanying an application for a mining lease 6 under section 74(1)(ca); or 7 (b) required in order to comply with a condition 8 referred to in section 103AH or 103AI, or a 9 notice under section 103AR(4); 10 programme of work means a programme of work 11 required in order to comply with a condition referred to 12 in section 103AE, 103AF or 103AG, or a notice under 13 section 103AR(2); 14 proposed activity -- 15 (a) in relation to a programme of work, means a 16 relevant activity (as defined in 17 section 103AE(1), 103AF(1) or 103AG(1)) 18 proposed in the programme of work; and 19 (b) in relation to a mining proposal, means a 20 relevant activity (as defined in 21 section 103AH(1) or 103AI(1)) proposed in the 22 mining proposal. 23 103AM. Guidelines 24 (1) The Director General of Mines may approve guidelines 25 for the purposes of this Part. 26 (2) Without limiting the matters that may be included in 27 guidelines, they may -- 28 (a) require a programme of work, or a mining 29 proposal, to identify the following -- 30 (i) clearing proposed to be done on land the 31 subject of a mining tenement; page 32 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 (ii) each type of native vegetation proposed 2 to be cleared; 3 (iii) the condition of the native vegetation 4 proposed to be cleared; 5 (iv) the biological significance of the native 6 vegetation proposed to be cleared; 7 (v) the likely environmental impacts 8 resulting from the proposed clearing; 9 (vi) the amount of land proposed to be 10 cleared; 11 (vii) the manner of the proposed clearing; 12 (viii) the extent to which the proposed 13 clearing would accord with or be 14 inconsistent, or at variance, with the 15 clearing principles set out in the 16 Environmental Protection Act 1986 17 Schedule 5; 18 (ix) practicable measures proposed to be 19 undertaken to manage clearing that will 20 promote the rehabilitation and 21 restoration of the land proposed to be 22 cleared; 23 and 24 (b) require a programme of work, or a mining 25 proposal, to identify the following -- 26 (i) the foreseeable risk of environmental 27 harm resulting from a proposed activity; 28 (ii) practicable measures proposed to be 29 undertaken to avoid or minimise the risk 30 of environmental harm resulting from a 31 proposed activity; 32 and page 33 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 (c) require the holder of a mining tenement to 2 consult with persons likely to be affected by a 3 proposed activity; and 4 (d) require a programme of work, or a mining 5 proposal, to demonstrate that any consultation 6 required under the guidelines has been 7 undertaken; and 8 (e) require a programme of work, or a mining 9 proposal, to be accompanied by a management 10 plan, maps or any other documents or 11 information. 12 (3) The Director General of Mines must ensure that 13 guidelines approved under this section are made 14 available, without charge, for public inspection in the 15 prescribed manner. 16 103AN. Requirements as to form and content 17 (1) A programme of work must -- 18 (a) be in the form required by the guidelines; and 19 (b) contain information of the kind required by the 20 guidelines. 21 (2) A mining proposal must -- 22 (a) be in the form required by the guidelines; and 23 (b) contain information of the kind required by the 24 guidelines; and 25 (c) contain a mine closure plan that complies with 26 subsection (3). 27 (3) A mine closure plan referred to in subsection (2)(c) and 28 section 103AT(1) must -- 29 (a) be in the form required by the guidelines; and 30 (b) contain information of the kind required by the 31 guidelines about the decommissioning of each page 34 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 proposed mine and the rehabilitation of land the 2 subject of a mining tenement. 3 103AO. Lodging and approving programmes of work 4 (1) A programme of work must -- 5 (a) be lodged in the prescribed manner; and 6 (b) be accompanied by the prescribed assessment 7 fee. 8 (2) Before the Director General of Mines has, under this 9 section, approved or refused to approve proposed 10 activities in a programme of work -- 11 (a) the lodging party may, with the written 12 permission of the Director General of Mines, 13 lodge a substitute programme of work; and 14 (b) the Director General of Mines may, as he or she 15 thinks fit, request the lodging party to lodge a 16 substitute programme of work. 17 (3) The proposed activities in a substitute programme of 18 work must not be substantially different to the 19 proposed activities in the programme of work it is 20 intended to replace. 21 (4) A substitute programme of work must be lodged in the 22 prescribed manner. 23 (5) Subject to subsection (6), the Director General of 24 Mines may approve, or refuse to approve, a proposed 25 activity in a programme of work. 26 (6) The Director General of Mines must not approve a 27 proposed activity in a programme of work if, in his or 28 her opinion, carrying out the activity in the manner 29 proposed will have an unacceptable impact on the 30 environment. page 35 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 (7) In deciding whether or not to approve a proposed 2 activity in a programme of work, the Director General 3 of Mines -- 4 (a) must have regard to the matters set out in 5 section 103AQ(1); and 6 (b) may have regard to other matters, including the 7 effect the proposed activity may have on 8 man-made structures on land and the social, 9 economic and cultural attributes of land; and 10 (c) may request the lodging party to furnish such 11 further information as the Director General of 12 Mines may require for the purposes of making 13 the decision. 14 (8) An approval must be given in writing. 15 (9) An approval takes effect when notice of it is given to 16 the holder of the mining tenement. 17 103AP. Lodging and approving mining proposals 18 (1) A mining proposal must -- 19 (a) be lodged in the prescribed manner; and 20 (b) be accompanied by the prescribed assessment 21 fee. 22 (2) Before the Director General of Mines has, under this 23 section, approved or refused to approve proposed 24 activities in a mining proposal -- 25 (a) the lodging party may, with the written 26 permission of the Director General of Mines, 27 lodge a substitute mining proposal; and 28 (b) the Director General of Mines may, as he or she 29 thinks fit, request the lodging party to lodge a 30 substitute mining proposal. page 36 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 (3) The proposed activities in a substitute mining proposal 2 must not be substantially different to the proposed 3 activities in the mining proposal it is intended to 4 replace. 5 (4) A substitute mining proposal must be lodged in the 6 prescribed manner. 7 (5) Subject to subsection (6), the Director General of 8 Mines may approve, or refuse to approve, a proposed 9 activity in a mining proposal. 10 (6) The Director General of Mines must not approve a 11 proposed activity in a mining proposal if, in his or her 12 opinion, carrying out the activity in the manner 13 proposed will have an unacceptable impact on the 14 environment. 15 (7) In deciding whether or not to approve a proposed 16 activity in a mining proposal, the Director General of 17 Mines -- 18 (a) must have regard to the matters set out in 19 section 103AQ(2); and 20 (b) may have regard to other matters, including the 21 effect the proposed activity may have on 22 man-made structures on land and the social, 23 economic and cultural attributes of land; and 24 (c) may request the lodging party to furnish such 25 further information as he or she may require for 26 the purposes of making the decision. 27 (8) An approval must be in writing. 28 (9) An approval takes effect when notice of it is given to 29 the holder of the mining tenement. page 37 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 103AQ. Matters to be considered when assessing 2 programmes of work or mining proposals 3 (1) The matters referred to in section 103AO(7)(a) are -- 4 (a) the effect the proposed activity may have on the 5 environment; and 6 (b) if clearing is proposed in the programme of 7 work, the extent to which it would accord with 8 or be inconsistent, or at variance, with the 9 clearing principles set out in the Environmental 10 Protection Act 1986 Schedule 5; and 11 (c) whether the programme of work adequately 12 identifies the foreseeable risk of environmental 13 harm resulting from the proposed activity; and 14 (d) whether the programme of work adequately 15 identifies measures to be undertaken to avoid or 16 minimise the risks referred to in paragraph (c). 17 (2) The matters referred to in section 103AP(7)(a) are -- 18 (a) the effect the proposed activity may have on the 19 environment; and 20 (b) if the clearing is proposed in the mining 21 proposal, the extent to which it would accord 22 with or be inconsistent, or at variance, with the 23 clearing principles set out in the Environmental 24 Protection Act 1986 Schedule 5; and 25 (c) whether the mining proposal adequately 26 identifies the foreseeable risk of environmental 27 harm resulting from the proposed activity; and 28 (d) whether the mining proposal adequately 29 identifies measures to be undertaken to avoid or 30 minimise the risks referred to in paragraph (c). page 38 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 103AR. Director General of Mines may require revised 2 programme of work or mining proposal to be 3 lodged 4 (1) Subsection (2) applies if -- 5 (a) a proposed activity in a programme of work is 6 approved under this Part; and 7 (b) the Director General of Mines is of the opinion 8 that the risk of environmental harm from 9 carrying out the activity in the manner proposed 10 in the programme of work is significantly 11 different to any previous assessment of that 12 risk. 13 (2) If this subsection applies, the Director General of 14 Mines may, by notice in writing given to the holder of 15 the mining tenement to which the programme of work 16 relates, require the holder to lodge, in the time and in 17 the manner directed in the notice, a revised programme 18 of work. 19 (3) Subsection (4) applies if -- 20 (a) a proposed activity in a mining proposal is 21 approved under this Part; and 22 (b) the Director General of Mines is of the opinion 23 that the risk of environmental harm from 24 carrying out the activity in the manner proposed 25 in the mining proposal is significantly different 26 to any previous assessment of that risk. 27 (4) If this subsection applies, the Director General of 28 Mines may, by notice in writing given to the holder of 29 the mining tenement to which the mining proposal 30 relates, require the holder to lodge, in the time and in 31 the manner directed in the notice, a revised mining 32 proposal. page 39 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 103AS. Replacement or change of approvals under this Part 2 (1) An approval under this Part of a proposed activity in a 3 programme of work may be replaced, or have its 4 operation affected, by another approval under this Part. 5 (2) An approval under this Part of a proposed activity in a 6 mining proposal may be replaced, or have its operation 7 affected, by another approval under this Part. 8 103AT. Lodging reviewed mine closure plans and approvals 9 (1) A reviewed mine closure plan required in order to 10 comply with the condition referred to in 11 section 103AJ(2) or 103AK(2) -- 12 (a) must be lodged in the prescribed manner; and 13 (b) must comply with section 103AN(3). 14 (2) On receipt of a reviewed mine closure plan lodged in 15 accordance with this section, the Director General of 16 Mines may approve, or refuse to approve, the reviewed 17 mine closure plan. 18 Division 5 -- Low-impact activities 19 103AU. Giving notice of low-impact activity and notice of 20 completion of low-impact activity 21 (1) A notice of low-impact activity required in order to 22 comply with the condition referred to in 23 section 103AE(2), 103AF(2), 103AG(2), 103AH(2) or 24 103AI(2) -- 25 (a) must be given to the Director General of Mines 26 within the time, and in the manner and form, 27 prescribed; and 28 (b) must specify the nature and extent of the 29 proposed low-impact activity. page 40 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 (2) The holder of a mining tenement who gives notice of a 2 proposed low-impact activity under this Part must, on 3 completing the activity, give the Director General of 4 Mines notice of the fact in accordance with 5 subsection (3). 6 (3) A notice under subsection (2) must be given within the 7 time, and in the manner and form, prescribed. 8 103AV. When prescribed requirements for carrying out 9 low-impact activities must be followed 10 (1) It is a condition of every mining tenement that the 11 holder of the mining tenement must not carry out a 12 low-impact activity on land the subject of the mining 13 tenement otherwise than in accordance with the 14 prescribed requirements for carrying out that 15 low-impact activity. 16 (2) The holder of a mining tenement is not required to 17 comply with subsection (1) in respect of the carrying 18 out of a low-impact activity that -- 19 (a) is a proposed activity in a programme of work, 20 or a proposed activity in a mining proposal, 21 relating to the tenement; and 22 (b) is approved under this Part. 23 (3) Subsection (1) does not affect the obligation the holder 24 of a mining tenement may have to comply with a 25 condition referred to in section 103AE(4), 103AF(5), 26 103AG(5), 103AH(4) or 103AI(4) in relation to the 27 carrying out of a low-impact activity. page 41 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 Division 6 -- Other conditions 2 103AW. Conditions for preventing, reducing or remediating 3 environmental harm and for other purposes 4 (1) Reasonable conditions may be imposed on a mining 5 tenement for the following purposes -- 6 (a) preventing, reducing or remediating 7 environmental harm on land the subject of the 8 mining tenement or other land; 9 (b) preventing or reducing the impact of mining on 10 man-made structures or works on land the 11 subject of the mining tenement or other land, or 12 remediating such structures or works; 13 (c) preventing or reducing the impact of mining on 14 the statutory or public purposes for which land 15 to which section 24 or 24A applies is reserved 16 or managed, or remediating such land. 17 (2) A condition may be imposed under subsection (1) -- 18 (a) in the case of a prospecting licence -- 19 (i) by the mining registrar, or the warden, 20 on the granting of the licence; or 21 (ii) by the Minister on the granting of the 22 licence or at any subsequent time; 23 and 24 (b) in any other case, by the Minister on the 25 granting of the mining tenement or at any 26 subsequent time. 27 (3) A condition imposed under subsection (1) may be 28 cancelled or varied by the Minister at any time. 29 (4) A condition imposed under subsection (1) may, either 30 in full or with sufficient particularity as to identify the 31 recommendation or other source from which it derives, 32 be endorsed on the mining tenement, for which purpose page 42 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 46 1 the holder of the mining tenement must produce the 2 mining tenement on demand. 3 (5) Whether or not a condition imposed under 4 subsection (1) is endorsed on the mining tenement, on 5 notice of the imposition of the condition being given in 6 writing to the holder of the mining tenement, the 7 condition has effect for all purposes as a condition to 8 which the tenement is subject. 9 103AX. Conditions relating to mining operations within 10 specified distance of natural surface of land 11 Without limiting section 103AW(1), a condition may 12 be imposed under that section for the purpose of 13 preventing mining operations being carried out within 14 such distance of the natural surface of land the subject 15 of a mining tenement as is specified in the condition. 16 103AY. Conditions relating to clearing of native vegetation 17 (1) Without limiting section 103AW(1), a condition 18 imposed under that section -- 19 (a) may be for the purpose of preventing, reducing 20 or remediating environmental harm from 21 clearing or of offsetting the loss of cleared 22 vegetation; and 23 (b) may require the holder of a mining tenement to 24 establish and maintain native vegetation on 25 land, other than land cleared by the holder, to 26 offset the loss of the cleared vegetation; and 27 (c) may require the holder of a mining tenement to 28 make monetary contributions to a fund 29 maintained for the purpose of establishing or 30 maintaining native vegetation on any land. 31 (2) In imposing a condition under section 103AW(1) in 32 relation to clearing, the Minister, warden or registrar page 43 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 46 1 (as the case may be) must have regard to the extent to 2 which the proposed clearing would accord with or be 3 inconsistent, or at variance, with the clearing principles 4 set out in the Environmental Protection Act 1986 5 Schedule 5. 6 103AZA. Conditions relating to monitoring and reporting of 7 operations and environmental harm 8 Without limiting section 103AW(1), a condition 9 imposed under that section may require the holder of a 10 mining tenement to monitor operations (including 11 remediation and offset operations) or environmental 12 harm, conduct analysis of monitoring data, and provide 13 reports on monitoring data, and analysis of it, to the 14 Director General of Mines. 15 103AZB. Security for compliance with conditions for 16 preventing, reducing or remediating environmental 17 harm 18 (1) The Minister may require the holder of a mining 19 tenement to lodge a security for compliance with any 20 condition imposed on the mining tenement under 21 section 103AW(1). 22 (2) A security referred to in subsection (1) -- 23 (a) must be lodged in the prescribed manner and 24 within such period as the Minister specifies in 25 writing; and 26 (b) is subject to the provisions of section 126. 27 page 44 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 47 1 47. Sections 103AZC and 103AZD inserted 2 At the end of Part IVAA as inserted by section 46 insert: 3 4 103AZC. Environmental management systems 5 (1) In this section -- 6 environmental management system, in relation to 7 carrying out mining operations on land the subject of a 8 mining lease or a miscellaneous licence, means a 9 system of procedures and practices relating to -- 10 (a) the identification and assessment of the risk of 11 environmental harm occurring as a result of the 12 carrying out of the mining operations; and 13 (b) the implementation of practicable measures to 14 avoid or minimise the risk of such 15 environmental harm occurring, or reduce such 16 environmental harm if it occurs. 17 (2) It is a condition of every mining lease that the lessee -- 18 (a) must maintain an environmental management 19 system in relation to the carrying out of mining 20 operations on land the subject of the mining 21 lease at all times while an approval of those 22 operations is in effect under this Part; and 23 (b) must ensure that the environmental 24 management system is reviewed and revised as 25 and when necessary to ensure that, at any time, 26 it is relevant to operations and operating 27 conditions on the land at that time. 28 (3) It is a condition of every miscellaneous licence that the 29 licensee -- 30 (a) must maintain an environmental management 31 system in relation to the carrying out of the page 45 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 47 1 mining operations on land the subject of the 2 miscellaneous licence at all times while an 3 approval of those operations is in effect under 4 this Part; and 5 (b) must ensure that the environmental 6 management system is reviewed and revised as 7 and when necessary to ensure that, at any time, 8 it is relevant to operations and operating 9 conditions on the land at that time. 10 (4) An environmental management system must deal with 11 matters that the guidelines require it to deal with but 12 may also deal with other matters. 13 (5) The obligations under this section of the holder of a 14 mining tenement may be affected by directions given 15 by an inspector under regulations referred to in 16 section 162(2)(aa)(xv). 17 (6) If a mining lease or miscellaneous licence is granted, or 18 held, pursuant to a Government agreement, as defined 19 in the Government Agreements Act 1979 section 2, in 20 accordance with proposals approved, deemed to be 21 approved or determined under the agreement, this 22 section does not apply to the mining lease or 23 miscellaneous licence unless the agreement otherwise 24 provides. 25 103AZD. Duty to prevent or reduce environmental harm 26 (1) It is a condition of every mining lease that, if mining 27 operations on land the subject of the mining lease are 28 approved under this Part, the lessee must, in carrying 29 out the mining operations, take all reasonable and 30 practicable measures to avoid or minimise the risk of 31 environmental harm occurring as a result of the mining 32 operations. page 46 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 47 1 (2) A lessee is taken to have complied with the condition 2 referred to in subsection (1) in respect of mining 3 operations carried out in accordance with an 4 environmental management system -- 5 (a) relating to the mining lease; and 6 (b) kept and reviewed by the lessee in accordance 7 with section 103AZC. 8 (3) It is a condition of every miscellaneous licence that, if 9 mining operations on land the subject of the 10 miscellaneous licence are approved under this Part, the 11 licensee must, in carrying out the mining operations, 12 take all reasonable and practicable measures to avoid 13 or minimise the risk of environmental harm occurring 14 as a result of the mining operations. 15 (4) A licensee is taken to have complied with the condition 16 referred to in subsection (3) in respect of mining 17 operations carried out in accordance with an 18 environmental management system -- 19 (a) relating to the miscellaneous licence; and 20 (b) kept and reviewed by the licensee in 21 accordance with section 103AZC. 22 (5) This section does not affect -- 23 (a) the obligations the lessee of a mining lease may 24 have to comply with any condition imposed on 25 the mining lease under section 103AW(1); or 26 (b) the obligations the holder of a miscellaneous 27 licence may have to comply with any condition 28 imposed on the miscellaneous licence under 29 section 103AW(1). 30 page 47 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 48 1 48. Section 114B amended 2 (1) In section 114B: 3 (a) delete "The expiry, surrender" and insert: 4 5 The expiry, surrender in whole or in part 6 7 (b) in paragraphs (a) and (b) delete "tenement; or" and 8 insert: 9 10 tenement or, in the case of a surrender in part, the part of 11 the mining tenement that was surrendered; or 12 13 (c) in paragraph (c) delete "tenement." and insert: 14 15 tenement or, in the case of a surrender in part, the part of 16 the mining tenement that was surrendered. 17 18 49. Section 126 amended 19 In section 126(1): 20 (a) delete "section 26, 52, 60, 70F or 84A --" and insert: 21 22 section 26, 52(1), 60(1), 70F(1), 84A(1) or 23 103AZB(1) -- 24 25 (b) in paragraph (a)(i) delete "section 26, 52(1a), 60(1a), 26 70F(2) or 84A(2)," and insert: 27 28 section 26 or 103AZB(1), 29 page 48 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 50 1 50. Section 156 amended 2 In section 156(1): 3 (a) in paragraph (b) before "resists" insert: 4 5 hinders, 6 7 (b) in paragraph (b)(i) before "officer" insert: 8 9 inspector or other 10 11 51. Section 158 amended 12 (1) Delete section 158(2) and (3) and insert: 13 14 (2) If a requirement is made under subsection (1), a person 15 who -- 16 (a) refuses or fails to comply with the requirement; 17 or 18 (b) obstructs or hinders the person making the 19 requirement; or 20 (c) knowingly misleads or deceives the person 21 making the requirement, 22 commits an offence. 23 Penalty: a fine of $10 000. 24 (3) If a person who makes a requirement under 25 subsection (1) is not satisfied with any evidence or 26 explanation given pursuant to a requirement made 27 under that subsection, the person may orally or by 28 notice in writing direct the person to whom the 29 requirement is made to cease mining on the land 30 referred to in the direction. 31 page 49 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 52 1 (2) In section 158(4) delete "request" and insert: 2 3 direction 4 5 (3) Delete section 158(5). 6 (4) After section 158(6) insert: 7 8 (7) Nothing in this section limits or otherwise affects -- 9 (a) the effect or operation of regulations relating to 10 the administration and enforcement of the 11 provisions of this Act relating to mining on 12 land without authority under this Act; or 13 (b) the performance by inspectors appointed under 14 section 11 of functions conferred on them by 15 the regulations. 16 17 52. Section 162 amended 18 (1) In section 162(1) delete "he" and insert: 19 20 the Governor 21 22 (2) In section 162(2): 23 (a) delete paragraph (aa)(i) to (iii) and insert: 24 25 (i) to enter upon land where the inspector 26 has reason to suspect that mining 27 operations are or have been carried out 28 for the purpose of ascertaining whether 29 those mining operations are or were 30 carried out with authority under this 31 Act; page 50 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 52 1 (ii) to give directions to a person requiring 2 the person to cease mining operations 3 carried out without authority under this 4 Act; 5 (iii) to enter upon land on which there is a 6 mining tenement for the purpose of 7 inspecting mining operations; 8 (iv) to give directions to the holder of a 9 mining tenement requiring the holder to 10 modify or cease mining operations in 11 prescribed circumstances; 12 (v) when entering land, to take with the 13 inspector such persons, equipment and 14 materials as the inspector considers 15 appropriate; 16 (vi) to conduct such examination and 17 inquiry as the inspector considers 18 necessary to ascertain whether the 19 provisions of this Act have been and are 20 being complied with in respect of 21 mining operations; 22 (vii) to take and remove samples of any 23 substance or thing whatsoever at a mine 24 without paying for them; 25 (viii) to take possession of any plant, 26 equipment or other thing for further 27 examination or testing or for use as 28 evidence; 29 (ix) to take photographs and measurements, 30 and make sketches and recordings; 31 (x) to require the production of, examine, 32 and take copies of or extracts from, any 33 document; page 51 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 52 1 (xi) to interview any person who the 2 inspector has reasonable grounds to 3 believe may be able to provide 4 information relevant to a matter about 5 which the inspector is inquiring and to 6 record the interview with or without the 7 person's consent; 8 (xii) to require the attendance of any person 9 for an interview referred to in 10 subparagraph (xi); 11 (xiii) to require any person whom the 12 inspector interviews as referred to in 13 subparagraph (xi) to answer any 14 question put to that person; 15 (xiv) to require any person to state his or her 16 name and address; 17 18 (b) after paragraph (aa)(xiv) as inserted by paragraph (a) 19 insert: 20 21 (xv) to give directions to the holder of a 22 mining tenement -- 23 (I) specifying the time within 24 which the holder of the mining 25 tenement is to prepare or revise 26 an environmental management 27 system under section 103AZC; 28 or 29 (II) requiring the holder of the 30 mining tenement to deal with 31 specific matters in an 32 environmental management 33 system maintained under 34 section 103AZC; or page 52 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 52 1 (III) requiring the holder of the 2 mining tenement to provide 3 information about an 4 environmental management 5 system maintained under 6 section 103AZC and allow the 7 inspector to examine it and take 8 copies of or extracts from any 9 document that forms part of it; 10 11 (c) in paragraph (ab) delete "paragraph (aa)(iii)" and insert: 12 13 paragraph (aa)(iv) 14 15 (d) after paragraph (ab) insert: 16 17 (ac) provide for an interview referred to in 18 paragraph (aa)(xi) to be conducted in private in 19 circumstances specified in the regulations; 20 21 (e) in paragraph (ka)(iii) delete "pegs" insert: 22 23 pegs, marks or poles 24 25 (f) after paragraph (ka) insert: 26 27 (la) without limiting paragraph (ka), provide for the 28 resolution of uncertainty or disputes as to the 29 location of the boundaries of tenements; 30 (lb) without limiting paragraph (ka) or (la), provide 31 that any peg, survey peg, mark, post, cairn of 32 stones or pole purporting to indicate the 33 boundary of a tenement is to be taken to do so 34 unless the contrary is shown; 35 page 53 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 53 1 (g) after paragraph (n) insert: 2 3 (oa) provide for recording and reporting to the 4 Director General of Mines by the holder of a 5 mining tenement prescribed incidents that pose, 6 or are likely to pose, a risk of environmental 7 harm (as defined in section 103AA); 8 (ob) provide for the lodging with the Director 9 General of Mines by the holder of a mining 10 tenement an environmental report in respect of 11 mining operations carried out during a 12 prescribed period; 13 14 53. Second Schedule amended 15 After Second Schedule Division 2 insert: 16 17 Division 3 -- Provisions relating to Mining Legislation 18 Amendment Act 2015 19 20. Term used: commencement day 20 In this Division -- 21 commencement day means the day of the coming into 22 operation of the Mining Legislation Amendment Act 2015 23 section 46. 24 21. Continuation of conditions for prevention or reduction 25 of injury to land 26 (1) In this clause -- 27 former provision means 28 (a) section 46A as in force immediately before 29 commencement day; or 30 (b) section 63AA as in force immediately before 31 commencement day; or page 54 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 53 1 (c) section 70I as in force immediately before 2 commencement day; or 3 (d) section 84 as in force immediately before 4 commencement day. 5 (2) A condition that was, immediately before commencement 6 day, imposed on the holder of a mining tenement under a 7 former provision has effect, on and from commencement 8 day, as if it were a condition imposed on the mining 9 tenement under section 103AW(1) whether or not it is a 10 condition of a kind that, on or after commencement day, 11 could be imposed on the tenement under section 103AW(1). 12 22. Continuation of securities 13 (1) In this clause -- 14 former provision means 15 (a) section 52(1a) as in force immediately before 16 commencement day; or 17 (b) section 60(1a) as in force immediately before 18 commencement day; or 19 (c) section 70F(2) as in force immediately before 20 commencement day; or 21 (d) section 84A(2) as in force immediately before 22 commencement day. 23 (2) A security that was, immediately before commencement 24 day, required to be lodged by the holder of a mining 25 tenement under a former provision is, on and from 26 commencement day, to be taken to be a security required to 27 be lodged by the holder of the mining tenement under 28 section 103AZB(1). page 55 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 53 1 23. Transitional provisions for programmes of work 2 (1) In this clause -- 3 existing undetermined programme of work means a 4 programme of work that -- 5 (a) was lodged before commencement day in 6 accordance with a former provision; and 7 (b) was not, before commencement day, approved or 8 refused to be approved as described in that former 9 provision; 10 former provision means -- 11 (a) section 46(aa) as in force immediately before 12 commencement day; or 13 (b) section 63(aa) as in force immediately before 14 commencement day; or 15 (c) section 70H(1)(aa) as in force immediately before 16 commencement day; or 17 (d) section 82(1)(ca) as in force immediately before 18 commencement day; 19 previously approved programme of work means a 20 programme of work referred to in a former provision for 21 which there was, immediately before commencement day, 22 approval as described in that former provision. 23 (2) On and from commencement day -- 24 (a) a previously approved programme of work is to be 25 taken to be a programme of work lodged in 26 accordance with Part IVAA Division 4; and 27 (b) an activity proposed in a previously approved 28 programme of work is to be taken to be approved 29 under Part IVAA. 30 (3) On and from commencement day, an existing undetermined 31 programme of work -- 32 (a) is to be taken to be a programme of work lodged in 33 accordance with Part IVAA Division 4; and page 56 Mining Legislation Amendment Bill 2015 Mining Act 1978 amended Part 2 s. 53 1 (b) is to be dealt with by the Director General of Mines 2 in accordance with Part IVAA Division 4. 3 24. Transitional provisions for mining proposals 4 (1) In this clause -- 5 existing undetermined mining proposal means -- 6 (a) a mining proposal that accompanied, under 7 section 74(1)(ca), the application for a mining lease 8 that was made, but not finally determined, before 9 commencement day; or 10 (b) a mining proposal that was lodged before 11 commencement day in accordance with former 12 section 82A and was not, before commencement 13 day, approved or refused to be approved as 14 described in former section 82A; 15 former section 82A means section 82A as in force 16 immediately before commencement day; 17 previously approved mining proposal means -- 18 (a) a mining proposal that accompanied, under 19 section 74(1)(ca), the application for a mining lease 20 that was granted before commencement day; or 21 (b) a mining proposal for which there was, immediately 22 before commencement day, approval as described 23 in former section 82A; 24 transition period means the period beginning on 25 commencement day and ending 6 years after that day. 26 (2) During the transition period -- 27 (a) a previously approved mining proposal is to be 28 taken to be a mining proposal lodged in accordance 29 with Part IVAA Division 4; and 30 (b) the mining operations proposed in a previously 31 approved mining proposal are to be taken to be 32 approved under Part IVAA. page 57 Mining Legislation Amendment Bill 2015 Part 2 Mining Act 1978 amended s. 53 1 (3) On and from commencement day, an existing undetermined 2 mining proposal -- 3 (a) is to be taken to be a mining proposal lodged in 4 accordance with Part IVAA Division 4; and 5 (b) is to be dealt by the Director General of Mines in 6 accordance with Part IVAA Division 4. 7 page 58 Mining Legislation Amendment Bill 2015 Mining Legislation Amendment Act 2014 amended Part 3 s. 54 1 Part 3 -- Mining Legislation Amendment 2 Act 2014 amended 3 54. Act amended 4 This Part amends the Mining Legislation Amendment Act 2014. 5 55. Section 8 deleted 6 Delete section 8. page 59 Mining Legislation Amendment Bill 2015 Part 4 amended Environmental Protection Act 1986 s. 56 1 Part 4 -- Environmental Protection Act 1986 amended 2 56. Act amended 3 This Part amends the Environmental Protection Act 1986. 4 57. Schedule 6 amended 5 After Schedule 6 item 14 insert: 6 7 15. Clearing that is -- 8 (a) a proposed activity in a programme of work or a 9 mining proposal approved under the Mining Act 10 1978 Part IVAA after the coming into operation of 11 the Mining Legislation Amendment Act 2015 12 section 46; and 13 (b) done in accordance with that approval. 14 16. Clearing that is -- 15 (a) required for the purposes of carrying out a 16 low-impact activity, as defined in the Mining 17 Act 1978 section 103AA, in respect of which a 18 notice of low-impact activity has been given under 19 Part IVAA of that Act; and 20 (b) done in accordance with the requirements of 21 Part IVAA of that Act. 22 page 60 Mining Legislation Amendment Bill 2015 Mining Rehabilitation Fund Act 2012 amended Part 5 s. 58 1 Part 5 -- Mining Rehabilitation Fund 2 Act 2012 amended 3 58. Act amended 4 This Part amends the Mining Rehabilitation Fund Act 2012. 5 59. Section 3 amended 6 (1) In section 3 insert in alphabetical order: 7 8 register means the register kept under the Mining 9 Act 1978 section 103F. 10 11 (2) In section 3 in the definition of record paragraph (b) delete 12 "means." and insert: 13 14 means; 15 16 60. Section 12 amended 17 (1) In section 12: 18 (a) delete "holder of the mining authorisation" and insert: 19 20 person who, 21 22 (b) delete "year." and insert: 23 24 year, is shown on the register as the holder of the mining 25 authorisation. 26 page 61 Mining Legislation Amendment Bill 2015 Part 5 Mining Rehabilitation Fund Act 2012 amended s. 61 1 61. Section 15 amended 2 Delete section 15(2) and insert: 3 4 (2) The person who, on the prescribed day in a year, is 5 shown on the register as the holder of a mining 6 authorisation must, on or before that day, give to the 7 CEO assessment information in the form and manner 8 approved by the CEO. 9 Penalty: a fine of $20 000. 10 11
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