Mineral Resources (Sustainable Development) Act 1990

On application by the holder or former holder of a licence under section 41(1) or (1A) or 41AE for approval of the variation of a work plan, the Department Head must—

approve the variation with or without conditions; or

require the changes specified in a notice to the holder or former holder of the licence to be made before the variation will be approved; or

refuse to approve the variation.

The Department Head must approve, require changes, or refuse to approve a variation under subsection (1), within 28 days after the last of any of the following events that are applicable occurs—

the holder or former holder of the licence notifying the Department Head that all required planning approvals have been granted;

the Minister administering the Environment Effects Act 1978 submitting an assessment to the Minister under section 42(7) or section 42A;

the granting or refusal of any application under section 26B relating to the licence;

the Minister notifying the Department Head that he or she has considered any comments received under section 41A(2);

the Crown land Minister giving the Minister comments under section 41(6);

the lodging of the application for approval.

Once the Department Head has decided to approve a variation, the approved work plan for the licence is the work plan as amended by that variation.

If the Minister administering the Environment Effects Act 1978 submits an assessment under section 42(7) or 42A, the Department Head must give a copy of the proposed variation to that Minister at least 10 days before approving the variation.

The Department Head must—

notify the holder or former holder of the licence of the Department Head's decision on the application; and

give the holder or former holder of the licence a statement of reasons for the decision.