Variation of work plans
3 Variation of work plans
If the holder of a work authority, that is continued in operation under clause 2, made an application under section 18 of the old Act to vary the work plan relating to that work authority and that application has not been determined before the commencement of the amending Act, the application must be determined in accordance with this Act.
Despite anything to the contrary in this Act, the holder of a work authority granted under the old Act and continued in operation under clause 2 must not make an application to vary the work plan relating to that authority if the extractive industry—
is carried out on land that has an area of less than 5 hectares and a depth of less than 5 metres; and
does not require blasting or the clearing of native vegetation.
The holder of a work authority to which subclause (2) applies may apply, in writing, to the Minister for a determination of the Minister that the holder is not required to comply with the work plan relating to that authority.
If the holder of a work authority makes an application under subclause (3), the Minister―
may determine that the holder is not required to comply with the work plan relating to that authority; and
may impose a condition on that authority requiring compliance with a Code of Practice.
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