Environment Protection Act 2019

The Minister may, by Gazette notice, grant an exemption from a requirement under this Part to hold an environmental (mining) licence in relation to a class of mining activities.

The Minister, on the application of the mining operator, may grant an exemption from a requirement under this Part to hold an environmental (mining) licence for a mining activity.

Without limiting subsections (1) and (2), an exemption may be granted under this section from the requirement to hold an environmental (mining) licence in relation to the obligations in section 124H.

In determining whether to grant an exemption under this section, the Minister may consider any of the following:

whether the environmental risks associated with the proposed mining activity are insignificant;

whether the environmental risks associated with the proposed mining activity can be appropriately managed through compliance with the duties and obligations under Division 3 and Part 5B;

whether failure to license the proposed mining activity will undermine the objects of this Act;

any other matter the Minister considers appropriate in the circumstances.

The Minister must consult with the Commonwealth Minister before an exemption is granted, or provided for under the regulations, for a mining activity or class of mining activities in respect of a prescribed substance.

Despite subsections (1) and (2), the Minister must not exempt a mining activity mentioned in subsection (5) otherwise than in accordance with the advice of the Commonwealth Minister.