Environmental Protection Act 1994

For this division, a condition of a mining tenement means any of the following—

a condition of the mining tenement determined, imposed or prescribed under the Mineral Resources Act;

a condition of, or stated in, the mining tenement;

a commitment, obligation, requirement or undertaking under, or stated in, the most recent version of a planning document for the mining tenement.

For subsection (1)(c), the most recent version of a planning document is taken to be the original planning document adopted by the MRA department, as amended from time to time by any amendment or purported amendment of the document adopted by that department.

For subsection (2), a document or amendment is taken to have been adopted by the MRA department if—

it has been accepted or approved under the Mineral Resources Act by the MRA Minister, the mining registrar, the MRA department or an officer of that department; or

the MRA department, or an officer of that department, has accepted or approved, or purported to accept or approve, the document or amendment, whether or not the acceptance or approval was required by, or could lawfully have been made under, the Mineral Resources Act.

In this section—

if the mining tenement is a mining claim—the outline under the Mineral Resources Act, section 61(1)(j)(iv) for the mining claim; or

if the mining tenement is an exploration permit—the statement under the Mineral Resources Act, section 133(f)(i) specifying a description of the program of work for the permit; or

if the mining tenement is a mineral development licence—the statement under the Mineral Resources Act, section 183(1)(m) containing proposals for the licence mentioned in that paragraph; or

if the mining tenement is a mining lease—

any environmental management overview strategy for the lease; and

either—

any plan of operations for the lease under the Mineral Resources Act, part 7; or

if there is no plan of operations in force for the lease immediately before the commencement day—the most recent expired plan of operations for the lease under the Mineral Resources Act, part 7.