Review of licence conditions
124ZR Review of licence conditions
(1) A modified condition licence and a tailored condition licence are to be reviewed to ensure that the conditions of the licence:
(a) are appropriate to manage the environmental risks and impacts of the mining activity; and
(b) reflect the environmental risks associated with the different phases of a mining activity.
(2) An environmental (mining) licence may specify a period for the review of the licence.
(3) In addition to any review for which a period is specified in an environmental (mining) licence, the Minister may review the conditions of an environmental (mining) licence in the following circumstances:
(a) if the Minister becomes aware of information that was not available to the Minister at the time of granting the licence and the Minister would have imposed different conditions on the licence if the information had been so available;
(b) if, in the reasonable opinion of the Minister, the mining operator has contravened a provision of this Act, or a condition of the licence, and an amendment to the conditions is necessary or convenient to prevent environmental harm (whether or not any enforcement action has been taken in relation to the contravention);
(c) if mining activities under the licence have been suspended for 12 months or longer during a care and maintenance period;
(d) if there is a change in the mining activity to which the licence relates or in the methods for conducting the mining activity or the mining activity is entering a different phase of activity;
(e) if the results of monitoring of the mining activity indicate that a change in the level of environment protection or management is required for the mining activity;
a circumstance prescribed by regulation.
(4) A review under this section is not required to include a review of the standard conditions applying to an environmental (mining) licence.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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