Mineral Resources (Sustainable Development) Act 1990

A licensee must obtain a consent under section 45 (a new consent) to do mining work (the new work) that is proposed by a variation to an approved work plan under section 41 if—

the new work affects all or part of any mining work within an area of land prohibited by section 45(1), being mining work—

for which a consent under section 45 or an authorisation under section 46 is held by the licensee; or

that is permitted to be done under section 45A; and

if the mining work affected by the new work is within an area of land prohibited by section 45(1)(a)(i) or within 100 metres below that area, a permit is required to be obtained under a planning scheme for the new work.

The Department Head must direct a licensee to obtain consent under section 45 (a new consent) to do exploration work (the new work) that is proposed by a variation to an approved work plan under section 41 if—

the new work affects all or part of any exploration work within an area of land prohibited by section 45(1) being exploration work—

for which a consent under section 45 or an authorisation under section 46 is held by the licensee; or

that is permitted to be done under section 45A; and

the Department Head considers that the new work will result in significant changes to that exploration work.

In this section work has the same meaning as it has in section 45(7).

This section applies despite section 45A.