Environment Protection Act 2019

(1) The Minister may amend the conditions (other than the standard conditions) of an environmental (mining) licence during the period of the licence in the following circumstances:

(b) if in the reasonable opinion of the Minister – an amendment to the conditions is necessary or convenient as a result of a review of licence conditions under section 124ZR;

(c) if in the reasonable opinion of the Minister – an amendment to the conditions is necessary or convenient as a result of a review of standard conditions under section 124V;

(2) The Minister must consult with the mining operator before amending an environmental (mining) licence on the Minister's own initiative.

(3) The Minister must publish a proposed amendment to the conditions of an environmental (mining) licence and invite public comment in accordance with the regulations if the Minister considers that the proposed amendment is required as a result of a substantial alteration to any mining activity to which the licence relates.

(4) Before making a decision to amend the conditions of an environmental (mining) licence, the Minister must consider any written comments received:

(a) within the time specified by the Minister from the mining operator consulted under subsection (2); and

(5) In deciding whether to amend the conditions of an environmental (mining) licence, the Minister must be satisfied that:

(a) the environmental impacts associated with the mining activity will be managed; and

(b) the amendments to the conditions will not undermine the objects of this Act.

(6) Subsections (2) and (4) do not apply to an administrative amendment.