Conditions of authorisations
7 Conditions of authorisations
An authorisation is subject to—
any condition imposed by the relevant decision-maker under this Schedule (including any variation of such a condition), and
any condition imposed by or under section 246P or 261B, and
in the case of a mining lease—the conditions referred to in clauses 7A and 7B, and
in the case of a mineral claim—the conditions referred to in clause 8, and
in the case of an opal prospecting licence—the conditions referred to in clause 9, and
any condition prescribed by the regulations.
Without limiting the generality of subclause (1), conditions imposed by the relevant decision-maker or prescribed by the regulations may include conditions relating to the following—
the development and conduct of mining operations,
environmental management, protection and rehabilitation, including requiring the holder of the authorisation to—
carry out activities or not to carry out activities in order to protect, prevent, control or mitigate harm to the environment, and
rehabilitate land or water that is or may be affected by activities under the authorisation,
compliance with codes of practice or sets of standards published by any person or body,
ensuring the safety of the public in relation to prospecting and mining operations,
the administration of authorisations,
community relations,
requiring the holder to provide the Minister with reports detailing any non-compliance with the conditions of the authorisation, or any requirements of this Act or the regulations relating to activities under the authorisation, and any action taken, or to be taken, to prevent any recurrence, or to mitigate the effects of that non-compliance.
Any obligation imposed on the holder of an authorisation in relation to environmental management, protection and rehabilitation—
continues to have effect despite the cancellation of the authorisation or it ceasing to have effect, and
can be imposed despite anything to the contrary in section 4.50 of the Environmental Planning and Assessment Act 1979.
Unless an exemption from conditions imposed by regulations applies, in the event of an inconsistency between conditions imposed by the relevant decision-maker and those imposed by regulations, the conditions imposed by the regulations prevail to the extent of any inconsistency.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.