Mining leases granted before development consent, or without compliance with s 116(1) of the Mining Act 1973, do not attract the immunity from planning legislation provided by s 116(4) of the 1973 Act or ss 65 and 74 of the Mining Act 1992. Clause 8 of Schedule 6 to the 1992 Act is a special provision that limits the general deeming effect of cl 4(2), so that leases not granted 'in accordance with s 116' cannot obtain immunity through the transitional provisions. Conditions of development consent requiring operations not to cause detrimental effects to an aquifer or increase in pollutants are to be given their plain and ordinary meaning and cannot be read down to exclude the 'inevitable consequences of a well managed dredging operation'. The word 'remedy' in s 124 of the EPA Act is broad enough to encompass rehabilitation orders even after mining operations have ceased.
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