s 736
In forceExclusion of pt 7A for continuance of existing notifiable road uses
Chapter 15Transitional, declaratory and validating provisions
Part 2Transitional provisions before Mines Legislation (Streamlining) Amendment Act 2012
Division 4Transitional provision for Mineral Resources and Other Legislation Amendment Act 2002
736 Exclusion of pt 7A for continuance of existing notifiable road uses
(1)
Part 7A does not apply for a notifiable road use (the continuing use) carried out by a mining tenement holder if—
(a)
at any time within 12 months before the commencement of section 318EP, the holder carried out a notifiable road use (the existing use); and
(b)
the type of haulage under the continuing use is the same, or substantially the same, as the type of haulage under the existing use.
(2)
Subsection (1) applies even if the continuing use stops and later starts again.
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