Exceptional circumstances in which land taken not to be available for rehabilitation—Act, s 754
187B Exceptional circumstances in which land taken not to be available for rehabilitation—Act, s 754
For section 754(9) of the Act, exceptional circumstances in which land is taken not to be available for rehabilitation for section 126D(4) of the Act exist to the extent—
the land is identified in a proposed PRCP schedule as containing a probable or proved ore reserve; and
the mining of the reserve is required to rehabilitate a relevant rehabilitation area under the proposed PRCP schedule; and
the reserve can not reasonably be mined within 10 years after the land would otherwise have become available for rehabilitation under section 126D(5) of the Act; and
the proposed PRCP schedule provides for the mining of the reserve and the area becoming available for rehabilitation as soon as practicable after the 10-year period mentioned paragraph (c) ends.
In this section—
relevant rehabilitation area, for a proposed PRCP schedule, means land under the proposed PRCP schedule if—
it is land described in section 754(3) of the Act; and
despite paragraph (a), the proposed PRCP schedule provides for a post-mining land use for the land.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.