Commencement of work under mining licence or prospecting licence
42 Commencement of work under mining licence or prospecting licence
S. 42(1) amended by No. 76/1998 s. 31(d), substituted by No. 82/2000 s. 40(1), amended by No. 59/2010 s. 24(2), substituted by No. 10/2014 s. 21(1).
The holder of a mining licence or prospecting licence must not carry out any work on the land covered by the licence unless—
the licensee has an approved work plan if required under this Act; and
Note
Section 40 contains the requirements for a work plan.
the licensee has entered into a rehabilitation bond in accordance with section 80; and
the licensee has obtained all the necessary consents and other authorities required by or under this or any other Act; and
the licensee has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and
the licensee has obtained the insurance required under section 39(5); and
any consent under section 45 or authorisation under section 46 has been registered; and
the licensee has given 7 days notice to—
the Chief Inspector; and
the owners and occupiers of the land affected—
of the licensee's intention to commence work; and
if the land affected is private land—
the licensee has obtained the written consent of the owners and occupiers of the land affected; or
the licensee has made and registered compensation agreements with those owners and occupiers; or
the amount of compensation payable to those owners and occupiers has been determined under Part 8; or
the licensee has purchased the land affected.
Penalty: In the case of a corporation, 1000 penalty units;
In any other case, 200 penalty units.
Default Penalty:
In the case of a corporation, 20 penalty units;
In any other case, 10 penalty units.
S. 42(2) amended by Nos 76/1998 s. 31(d), 82/2000 ss 40(2), 61(b), 63/2006 s. 30(1)(2), 6/2009 s. 15, substituted by No. 10/2014 s. 21(1).
Subsection (1)(h) does not apply if it is waived by the Department Head under subsection (3).
S. 42(2A) inserted by No. 82/2000 s. 40(3), repealed by No. 10/2014 s. 21(1).
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S. 42(3) substituted by Nos 82/2000 s. 40(4), 10/2014 s. 21(1).
If the land affected is private land and the licensee has been unable to determine the name and address of the owners and occupiers of the land, the licensee may apply to the Department Head to have the requirement specified by subsection (1)(h) waived.
S. 42(4) amended by No. 82/2000 s. 40(5), substituted by No. 10/2014 s. 21(1).
The Department Head may grant such an application if, in his or her opinion, the licensee has made all reasonable efforts to determine the name and address of the owners and occupiers of the land.
S. 42(5) substituted by No. 82/2000 s. 40(6), amended by No. 63/2006 s. 30(3), substituted by No. 10/2014 s. 21(1).
Before waiving the requirement, the Department Head may require the licensee—
to advertise the licensee's intention to start work on the land affected in a specified edition of a newspaper circulating generally in the area in which the land is situated;
to post a notice on the land affected stating that the licensee intends to start work on that land.
S. 42(6) inserted by No. 86/1993 s. 22, amended by No. 64/2012 s. 32.
Despite anything in any planning scheme approved under the Planning and Environment Act 1987, the holder of a mining licence or prospecting licence may be granted a permit under the scheme for carrying out mining on the land covered by the licence even if the scheme prohibits that use or development of the land (whether absolutely or unless specified conditions are complied with) and does not provide for the granting of a permit for that use or development.
S. 42(7) inserted by No. 86/1993 s. 22, amended by No. 64/2012 s. 32.
If under subsection (6) or any planning scheme a permit is required to be obtained for carrying out mining on the land covered by a mining licence or prospecting licence in accordance with that licence, the licensee is not required to obtain a permit for that work if—
an Environment Effects Statement has been prepared under the Environment Effects Act 1978 on the work proposed to be done under the licence; and
S. 42(7)(b) amended by No. 10/2014 s. 21(2)(a).
an assessment of that Statement by the Minister administering the Environment Effects Act 1978 has been submitted to the Minister.
S. 42(7)(c) amended by No. 76/1998 s. 31(d), substituted by No. 82/2000 s. 40(7), amended by No. 63/2006 s. 30(3), repealed by No. 10/2014 s. 21(2)(b).
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S. 42(8) inserted by No. 86/1993 s. 22, amended by No. 64/2012 s. 32.
In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Minister administering the Planning and Environment Act 1987 may—
on the recommendation of the Minister prepare; and
adopt and approve—
amendments to any planning scheme to facilitate the carrying out of mining on land covered by a mining licence or prospecting licence in accordance with that licence.
S. 42(9) inserted by No. 86/1993 s. 22, amended by No. 64/2012 s. 32.
Without limiting what an amendment may include, an amendment prepared under subsection (8) may provide that, in the circumstances set out in subsection (7), no permit is required to carry out mining on land covered by a mining licence or prospecting licence in accordance with that licence.
S. 42(10) inserted by No. 86/1993 s. 22.
The Planning and Environment Act 1987 (except section 12(2), Divisions 1 and 2 of Part 3 and section 39(1) to (6) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under subsection (8).
S. 42(11) inserted by No. 86/1993 s. 22.
Section 39(7) of the Planning and Environment Act 1987 applies to an amendment prepared, adopted or approved under subsection (8) as if before "Division 1" there were inserted "section 12(1) or".
S. 42(12) inserted by No. 86/1993 s. 22.
Section 39(8) of the Planning and Environment Act 1987 applies to an amendment prepared or adopted under subsection (8) as if—
the expression "Except for an application under this section," were deleted; and
before "Division 1" there were inserted "section 12(1) or".
S. 42(13) inserted by No. 86/1993 s. 22.
Section 46 of the Planning and Environment Act 1987 does not apply to a planning scheme to the extent to which, because of an amendment prepared, adopted or approved under subsection (8), it is expressed or purports to deal with any land that has been permanently reserved for any purpose set out in section 4 of the Crown Land (Reserves) Act 1978 in any manner inconsistent with that reservation.
S. 42(14) inserted by No. 86/1993 s. 22.
Nothing in this section prevents either House of Parliament exercising its power under section 38 of the Planning and Environment Act 1987.
S. 42A inserted by No. 82/2000 s. 41.
This provision refers to the regulations (any regulations
). Made under this Act:
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