Environmental Protection Act 1994

A prescribed condition, for a small scale mining activity, is a condition prescribed under a regulation for the carrying out of the activity.

It is also a prescribed condition for carrying out a small scale mining activity that the holder of the mining tenure (a small scale mining tenure) for the activity must not carry out, or allow the carrying out of, the activity unless the holder has given a surety—

of the amount prescribed by regulation; and

in the form approved by the scheme manager under the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 56.

However, subsection (2) does not apply if the holder’s small scale mining tenure is a prospecting permit.