Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 386Q

386Q Period of effect of particular later development plans

(1) This section applies if—

(a) before the commencement of this section, the holder of a mining lease was given, under section 318EH , a notice (the
"notice" ) of the approval of a proposed later development plan for the lease; and

(b) the notice was given to the holder of the lease after the start of the plan period for the proposed plan as stated in the proposed plan.

(2) For an Act, the approval has effect, and is taken to have had effect, from—

(a) the start of the plan period; or

(b) if the notice stated a later day of effect—the later day.

(3) The notice is, and is taken always to have been, valid and effective—

(a) even though the notice was given after the commencement of the plan period stated for the proposed plan; and

(b) whether or not the notice purported, expressly or impliedly, to approve the carrying out of work under the plan before the approval was given; and

(c) regardless of the extent to which section 318EF (b) was complied with.

Example for paragraph (c)—

It does not matter if a development plan was considered under section 318EF (b) but was not current at the time of its consideration.

(4) For this section, it does not matter if the notice was required to be an information notice as mentioned in section 318EH (2) (b) or (c) .

(5) This section applies despite chapter 8 , part 9 .