Mine operations plans
73G Mine operations plans
Unless otherwise approved by the Director, a person must not, after the commencement of this Part, carry out mining operations at a private mine unless a mine operations plan that relates to the operations and complies with requirements of this section is in place.
A mine operations plan must, in order to comply with the requirements of this section—
include, in accordance with the requirements of the regulations—
a set of objectives approved by the Director; and
a set of criteria for measuring those objectives approved by the
Director, that relate to the mining operations carried out at the private mine;
and
be consistent with any relevant environment improvement programme or environment protection policy under the Environment Protection
Act 1993; and
comply with any other requirement prescribed by the regulations.
Objectives under subsection (2)(a) must include specific objectives to achieve compliance with the general duty (see section 73H).
A person wishing to obtain the approval of the Director to a set of objectives and a set of criteria, or to an alteration to a set of objectives or a set of criteria, must submit a draft of the objectives and criteria, or a draft of the objectives or criteria as altered, (as the case may be) to the
Director in accordance with the regulations.
A submission to the Director under subsection (4) must be accompanied by the prescribed fee.
The Director may, on receipt of a draft under subsection (4)—
accept the draft, without alteration; or
require alterations to the draft after consultation with the person who has submitted the draft (and in this case the person must (subject to any appeal under subsection (6)) alter the draft in accordance with the requirements of the Director).
The person who has submitted the draft may appeal to the Warden's
Court against a requirement of the Director under subsection (5)(b) and the Warden's Court may, on hearing an appeal—
confirm the requirement of the Director;
vary or revoke the requirement of the Director, or impose any requirement in substitution for a requirement of the Director;
make any consequential or ancillary order that it considers necessary or expedient.
Subject to the outcome of any appeal under subsection (6), the Director will then, unless subsection (8) applies, be taken to have approved the objectives and criteria contained in the draft.
If a draft relates to new operations to be carried out at a private mine, the draft must then be released for public consultation on the proposed objectives and criteria.
The public consultation must be conducted in accordance with the regulations.
The person who submitted the draft must, after complying with the public consultation requirements, prepare a report on the matters raised as a result of public consultation (insofar as they are relevant to the matters that were referred for public consultation) and, if relevant, on any recommended alterations to the objectives and criteria contained in the draft, and submit the report to the Director.
The Director may then—
approve the objectives and criteria (with any alterations recommended under subsection (10)); or
refer the matter back to the person who submitted the draft for further consideration or report (and in this case the Director must provide written reasons for his or her action and may subsequently approve the objectives and criteria, or altered objectives and criteria, if or when the
Director is satisfied that the matter has been satisfactorily resolved).
The person who submitted the draft may appeal to the Warden's Court against a decision of the Director under subsection (11)(b) (including a decision not to approve objectives and criteria) and the Warden's Court may, on hearing an appeal—
confirm the decision of the Director;
vary or revoke the decision of the Director, or make any decision in substitution for a decision of the Director;
make any consequential or ancillary order that it considers necessary or expedient.
The Minister may publish a mine operations plan in such manner, and to such extent, as the Minister thinks fit.
A mine operations plan may be reviewed by a person carrying out, or intending to carry out, mining operations at the private mine at any time.
A mine operations plan must be reviewed at the direction of the
Director (which may be given at any time for any reasonable cause).
A mine operations plan must also be reviewed—
within seven years after the commencement of the plan (unless it has been reviewed sooner under subsection (13) or
); or
in any event, within seven years after it was last reviewed.
A review must be conducted in accordance with the regulations.
A report must be furnished to the Director in accordance with the regulations on the completion of a review.
An appeal under this section must be made in a manner and form determined by the Warden's Court, setting out the grounds of the appeal.
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