Mineral Resources (Sustainable Development) Act 1990

Subject to subsection (2), a declared mine licensee may vary a declared mine rehabilitation plan without applying to vary the declared mine rehabilitation plan under section 84AZW(1) if—

the licensee gives the Department Head notice of the proposed variation; and

the Department Head determines under subsection (3) that the proposed variation is a minor variation.

Subsection (1) does not apply to the holder of a declared mine licence if any part of the land relating to the proposed variation of the declared mine rehabilitation plan is Crown land.

Within 28 days after receiving a notice under subsection (1)(a), the Department Head must—

in accordance with the regulations (if any), determine whether or not the proposed variation is a minor variation; and

give the licensee written notice of that determination and the reasons for it.

If the Department Head determines that a proposed variation is a minor variation, the proposed variation is taken to come into effect either—

on the day on which the determination is made; or

on any later day specified in the determination.

If the Department Head does not comply with subsection (3) within the prescribed period after receiving the notice under subsection (1)(a), the Department Head is taken to have determined that the proposed variation is not a minor variation.

The Department Head may direct the holder or former holder of a licence who is required to rehabilitate land in accordance with a declared mine rehabilitation plan to make a minor variation to the declared mine rehabilitation plan.

In this section—

does not significantly increase the risk that the work set out in the declared mine rehabilitation plan poses—

to the environment; or

to any member of the public; or

to land, property or infrastructure in the vicinity of that work; and

is not a variation prescribed for the purposes of this definition.