Decision on application
124ZG Decision on application
(1) After assessing the application in accordance with this section and the regulations, the Minister may:
grant:
a standard condition licence; or
a modified condition licence; or
a tailored condition licence; or
decide not to grant an environmental (mining) licence.
(2) If the Minister decides not to grant a standard condition licence, the Minister may treat the application as an application for a modified condition licence or a tailored condition licence and grant a modified condition licence or a tailored condition licence instead.
(3) The Minister may grant a modified condition licence or a tailored condition licence regardless of which of those types of licence is applied for.
(4) If an application relates to more than one mining activity, the Minister may grant:
(a) a separate environmental (mining) licence for each mining activity; or
(b) a composite environmental (mining) licence covering all of the mining activities; or
(c) a separate environmental (mining) licence for any of the mining activities and a composite environmental (mining) licence covering some or all of the remaining mining activities.
(5) The Minister may grant an environmental (mining) licence relating to more than one mineral interest if the mining operator:
is the title holder for each mineral interest; or
(b) has been appointed under section 124D by the title holder for each mineral interest.
(6) In addition to the matters set out in Part 2, the Minister must consider the following in deciding whether to grant or not to grant an environmental (mining) licence:
the objects of this Act;
(b) whether the mining operator is a fit and proper person to hold an environmental (mining) licence;
(c) the type of mineral interest applying to the mining site and whether the mining activity is authorised under the mineral interest;
any other matters the Minister considers relevant.
Subsection (6) does not apply if the mining operator:
(a) holds an environmental approval for the mining activity for which the environmental (mining) licence is sought; or
(b) has applied to the Minister for the transfer of an environmental approval for the mining activity for which the environmental (mining) licence is sought.
(8) The Minister is not required to comply with subsection (6)(b) if, under section 70(4) of the Mineral Titles Act, the Mining Minister considered the mining operator to be a fit and proper person to hold the mineral interest.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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