Mineral and bulk material handling

Current

(1)

Mineral and bulk material handling (the relevant activity) consists of—

(a)

handling minerals or bulk materials, other than handling mentioned in paragraph (b), in a way that involves—

(i)

loading or unloading minerals at a rate of 100t or more a day; or

(ii)

storing 50,000t or more of minerals; or

(iii)

loading or unloading bulk materials—

(A)

in connection with operations at a port area; and

(B)

at a rate of 100t or more a day; or

(iv)

storing bulk materials in connection with operations at a port area; or

(b)

handling minerals or bulk materials in a way that involves loading or unloading minerals or bulk materials from 1 ship to another ship at a rate of 100t or more a day.

(2)

The relevant activity does not include handling minerals or bulk materials in a way that involves loading, unloading or storing materials on a site the subject of an environmental authority for a resource activity.

(3)

Also, for handling mentioned in subsection (1)(b), the relevant activity does not include handling minerals or bulk materials in a way that involves—

(a)

loading or unloading minerals or bulk materials in relation to—

(i)

an emergency response; or

(ii)

refuelling a ship; or

(iii)

transferring minerals or bulk materials between 2 or more ships docked within a port area; or

(iv)

transporting bulk materials to a remote area of the State; or

(b)

loading or unloading minerals or bulk materials for carrying out an activity to which section 16(1)(a) applies; or

(c)

loading or unloading minerals or bulk materials if a Commonwealth law—

(i)

permits the activity to be carried out; or

(ii)

requires a permit or other authority to carry out the activity.

(4)

In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.

Threshold	Aggregate environmental score	3
1 loading or unloading 100t or more of minerals in a day, other than loading or unloading mentioned in item 3, or storing 50,000t or more of minerals—
(a) within 5km of the highest astronomical tide or 1km of a watercourse	73	C
(b) at another place	49	C
2 loading or unloading 100t or more of bulk materials in a day, other than loading or unloading mentioned in item 3, or storing bulk materials	73	C
3 loading or unloading 100t or more of minerals or bulk materials from 1 ship to another ship in a day	73

(5)

In this section—

bulk material—

1 Bulk material means—

(a)

solid material consisting of separate particles, granules or other small pieces of the material; or

(b)

any material that is a liquid or gas.

2 However, bulk material does not include—

(a)

any material contained or wrapped in a way that prevents the material from escaping the container or wrapper; or

(b)

a mineral; or

(c)

water.

emergency response means an activity carried out for any of the following purposes—

(a)

to investigate and respond to an emergency;

(b)

to save human life or avoid the risk of injury to a person;

(c)

to deal with a threat of pollution to the marine environment.

mineral—

1 Mineral means any substance that is a mineral as defined under the Mineral Resources Act 1989, section 6.

2 However, a mineral does not include any mineral contained or wrapped in a way that prevents the mineral from escaping the container or wrapper.

remote area, of the State, means an area of the State identified as remote Australia or very remote Australia in the document called ‘Australian Statistical Geography Standard, Volume 5—Remoteness Structure’, published by the Australian Bureau of Statistics on its website.

ship see the Transport Operations (Marine Safety) Act 1994, section 10.

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50 Mineral and bulk material handling