Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 318EB

318EB Obligation to lodge proposed later development plan

(1) It is a condition of each coal or oil shale mining lease that its holder must lodge a proposed later development plan for the mining lease as provided for under this section.

Note—

If the holder wishes to renew the lease, a proposed later development plan must be included in the renewal application. See section 318DI (2) (c) .

(2) The condition is complied with only if the proposed later development plan—

(a) is lodged; and

(b) complies with the later development plan requirements; and

(c) is accompanied by the relevant fee.

(3) A proposed later development plan must be lodged—

(a) at least 40, but no more than 100, business days before the end of the plan period for its current development plan (the
"current plan period" ); or

(b) as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the lease; or

(c) within 20 business days after a coordination arrangement relating to the lease ends.

(4) However, if before the end of the current plan period, a decision is made not to approve a proposed later development plan lodged under subsection (3) , the holder may, within the period, lodge another proposed later development plan.

(5) If the holder does not lodge any proposed later development plan before the end of the current plan period or if subsection (4) applies and the holder does not lodge another proposed later development plan within the current plan period—

(a) the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 40 business days after the giving of the notice; and

(b) the holder must comply with the requirement.

(6) In this section—

"relevant fee" , for the lodgement of the proposed plan, means—

(a) if the proposed plan is lodged within the time required under subsection (3) —the fee prescribed under a regulation; or

(b) if the proposed plan is lodged after the time required under subsection (3) —

(i) if it is lodged under subsection (4) —nil; or

(ii) if it is not lodged under subsection (4) —an amount that is 10 times the prescribed fee.