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MINERAL RESOURCES ACT 1989 - SECT 735

Existing Act continues to apply for special agreement Acts until Environmental Protection Act, ch 13, pt 2, div 7 commences

735 Existing Act continues to apply for special agreement Acts until Environmental Protection Act, ch 13, pt 2, div 7 commences

(1) The existing Act continues to apply for an activity, circumstance, or matter provided for under, or to which, a special agreement Act applies as if the amending Act had not been enacted.
(2) Subject to subsections (3) and (4A), subsection (1) ceases to apply when the Environmental Protection Act, chapter 13, part 2, division 7 commences.
(3) The existing Act continues to apply for changing a condition of a transitional authority (SAA) as if the amending Act had not been enacted.
Note—
See also the Environmental Protection Act, section 616D (Changing conditions of transitional authority (SAA)).
(4) However, subsection (3)—
(a) does not apply for making or deciding an application under the Environmental Protection Act, section 616H(b) to amend the authority; and
(b) does not limit chapter 13 , part 2 , division 7 , subdivision 6 of that Act; and
(c) stops applying if the authority is amended under chapter 13 , part 2 , division 7 , subdivision 6 of that Act and the amended authority has taken effect under that Act.
Editor’s notes—
†¢ Environmental Protection Act, chapter 13 (Savings, transitional and related provisions), part 2 (Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2000 ), division 7 (Provisions about special agreement Acts inserted under Environmental Protection and Other Legislation Amendment Act 2008 ), subdivision 6 (Amendment of transitional authorities (SAA) for conversion to new authorities)
†¢ Environmental Protection Act, section 616H (Requirement to apply for new authority or amend etc. transitional authority (SAA))
(4A) Section 292(1) and (2) of the existing Act continues to apply for amending a plan of operations under the existing Act for a relevant mining lease for a transitional authority (SAA) as if the amending Act had not been enacted.
(5) In this section—

"amending Act" means the Environmental Protection and Other Legislation Amendment Act 2000 .

"existing Act" means this Act as it was in force immediately before the amending Act, section 6 commenced.

"transitional authority (SAA)" see the Environmental Protection Act, section 615.



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