Environmental Protection Act 1994

The administering authority must, within the period stated in subsection (2), give each mining EA holder a notice stating—

the holder must give the administering authority a proposed PRC plan that complies with sections 126C and 126D for the relevant activities the subject of the holder’s environmental authority; and

the period, of not less than 6 months from the day the notice is given, within which the holder must comply with the notice.

Note—See also section 797.

The notice must be given within the period—

starting on the PRCP start date; and

ending—

on the day that is 3 years after the PRCP start date; or

if the environmental authority is issued on or after the day mentioned in subparagraph (i)—within 6 months after the environmental authority is issued.

The holder is not required to comply with a requirement under section 126C(1)(g) or (h) or 126D(2) or (3) for the proposed PRCP schedule for the plan in relation to land if—

an outcome for the land has been identified under a land outcome document; and

the outcome for the land is the same as, or substantially similar to, the outcome for the land if it were a non-use management area under a PRCP schedule.

Example of an outcome for land—A residual void or pit authorised under an environmental authority may constitute the outcome for the land on which the void or pit is located, even though the environmental authority or any other land outcome document does not expressly state anything about the outcome for the land, other than authorising the void or pit.

However, if the environmental authority or any other land outcome document does not state sufficient detail to identify either the location or area of the land to which the outcome relates, the proposed PRC plan must state—

if the area is not identified—how the total area of the land to which the outcome relates will be minimised; and

if the location is not identified—how the mining EA holder will ensure the location of the land to which the outcome relates minimises risks to the environment.

For subsections (3) and (4), if there is an inconsistency in land outcome documents for land, the document appearing first in the list mentioned in section 750, definition land outcome document prevails to the extent of the inconsistency.

The administering authority must keep a register of an extract of a written agreement mentioned in section 750, definition land outcome document, paragraph (f) that identifies the location or area of land mentioned in subsection (4).

Sections 541, 542 and 543 apply in relation to a register mentioned in subsection (6).

Subsection (9) applies in relation to a proposed PRC plan required under a notice mentioned in subsection (1).

A regulation may prescribe exceptional circumstances, in addition to a matter mentioned in section 126D(5), in which land the subject of the PRC plan that is not being mined is taken not to be available for rehabilitation for section 126D(4).