Environmental Protection Act 1994

This section applies if—

a mining EA holder gave a plan of operations to the administering authority for a mining lease under the pre-amended Act; and

on the commencement, the plan period for the plan under the pre-amended Act, section 288(1)(b) has not ended.

The plan of operations continues as a plan of operations under the pre-amended Act, and the pre-amended Act, sections 289, 290 and 291 continue to apply in relation to the plan of operations, until the earliest of the following days—

the day the plan period for the plan of operations ends;

the day a PRCP schedule is approved for the holder for the mining lease;

if the holder of the mining lease re-applies for an ERC decision under the amended Act, section 304—the day the ERC decision for the application is made.

However, from the commencement, the holder may not, under the pre-amended Act, section 289—

replace the plan; or

amend the plan in a way that increases the total area of land the subject of a rehabilitation program mentioned in the pre-amended Act, section 288(1)(c)(iii).

If the plan of operations ends before the day a PRCP schedule is approved for the holder’s mining lease, section 431A does not apply to the holder until the earlier of the following days—

the day the holder fails to give a proposed PRC plan in compliance with a notice given to the holder under section 754;

the day a PRCP schedule is approved for the holder.

However, subsection (5) applies if—

the holder fails to comply with the notice given to the holder under section 754 because the holder purported to give the administering authority a proposed PRC plan in compliance with the notice; and

the administering authority gives the holder written notice for a decision to refuse to approve the proposed PRCP schedule.

Section 431A does not apply to the holder until—

if the holder re-applies for approval of another proposed PRCP schedule within 40 business days after the written notice is given—the day the administering authority—

issues a PRCP schedule under section 195; or

gives the holder written notice refusing to approve the other PRCP schedule; or

otherwise—40 business days after the written notice mentioned in subsection (4)(b) is given.