Work plans—licences
3 Work plans—licences
This clause applies to—
a licensee who has an approved work plan immediately before the commencement of section 16 of the amending Act; or
a licensee who, before that commencement, lodged a work plan or a variation of an approved work plan under section 40 or 41 as in force before that commencement.
Despite anything to the contrary in Part 3 of this Act, a person to whom this clause applies is not required to comply with the requirements for an approved work plan as in force after the commencement of section 16 of the amending Act if the approved work plan has not been varied after that commencement.
Sch. 9 cl. 3(3) amended by No. 47/2015 s. 15(2).
Part 3 of this Act as in force immediately before the commencement of section 16 of the amending Act continues to apply to the approval of a work plan to which subclause (1)(b) applies.
Sch. 9 cl. 3(4) inserted by No. 47/2015 s. 15(3).
Despite subclauses (2) and (3), if the Department Head is satisfied that work set out in a work plan described in subclause (1)(a) or (b) may pose an unacceptable risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of that work, the Department Head may direct that the work plan be varied so that it complies with section 40(3) as amended by section 16 of the amending Act.
Sch. 9 cl. 3(5) inserted by No. 47/2015 s. 15(3).
On making a determination under subclause (4), the Department Head must give the licensee written notice of the proposed variation, and the reasons for it, and give the licensee an opportunity to comment on the proposal.
Sch. 9 cl. 3(6) inserted by No. 47/2015 s. 15(3).
After considering any comments made by the licensee, the Department Head may direct the licensee to lodge an application under section 41 for approval of the variation.
Sch. 9 cl. 3A inserted by No. 47/2015 s. 16.
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