Grant of replacement environmental (mining) licence
313 Grant of replacement environmental (mining) licence
(1) The Minister may grant a standard condition licence to the mining operator in place of a deemed mining licence if:
(a) the Minister reasonably considers the mining activity meets the risk criteria and that the mining operator is able to comply with the standard conditions associated with the mining activity for which the licence is to be granted; and
(b) the mining operator consents to the grant of a standard condition licence.
(2) The Minister may grant a modified condition licence in place of a deemed mining licence if:
(a) the Minister reasonably considers the mining activity meets the risk criteria and that the mining operator is able to comply with the standard conditions as modified for the mining activity; and
(b) the mining operator consents to the grant of a modified condition licence.
(3) In any other case, subject to section 314, the Minister may grant a tailored condition licence in place of a deemed mining licence on substantially the same terms and conditions and requirements that applied to the deemed mining licence.
(4) In granting a replacement environmental (mining) licence under this section, the Minister is not required to consider:
Part 2; or
the objects of this Act; or
(c) whether the mining operator is a fit and proper person to hold an environmental (mining) licence.
The Minister is not required to:
(a) publish an application under section 312 for a replacement environmental (mining) licence; or
(b) publish a notice of a proposal under section 312 to grant a replacement environmental (mining) licence; or
(c) publish an application under section 314 for a condition to be included in a replacement environmental (mining) licence.
This Act’s bill:Explanatory statementSecond reading speech
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