Queensland Numbered Acts Queensland Numbered ActsAfter section 126A—
insert—
126B Main purpose of PRC plan The main purposes of a PRC plan are to—(a) require the holder of an environmental authority issued for an application mentioned in section 125(1)(n) to plan for how and where environmentally relevant activities will be carried out on land in a way that maximises the progressive rehabilitation of the land to a stable condition; and(b) provide for the condition to which the holder must rehabilitate the land before the authority may be surrendered.
126C Requirements for PRC plan(1) A proposed PRC plan must—(a) be in the approved form; and(b) describe the following—(i) each resource tenure, including the area of each tenure, to which the application relates;(ii) the relevant activities to which the application relates;(iii) the likely duration of the relevant activities; and(c) include—(i) a proposed PRCP schedule that complies with section 126D; and(ii) a detailed description, including maps, of how and where the relevant activities are to be carried out; and(iii) details of the consultation undertaken by the applicant in developing the proposed PRC plan; and(iv) details of how the applicant will undertake ongoing consultation in relation to the rehabilitation to be carried out under the plan; and(d) state the extent to which each proposed post-mining land use for land, or non-use management area, identified in the proposed PRCP schedule for the plan is consistent with—(i) the outcome of consultation with the community in developing the plan; and(ii) any strategies or plans for the land of a local government, the State or the Commonwealth; and(e) for each proposed post-mining land use for land, state the applicant’s proposed methods or techniques for rehabilitating the land to a stable condition in a way that supports the rehabilitation milestones under the proposed PRCP schedule; and(f) identify the risks of a stable condition for land mentioned in paragraph (e) not being achieved, and how the applicant intends to manage or minimise the risks; and(g) for each proposed non-use management area, state the reasons the applicant considers the area can not be rehabilitated to a stable condition because of a matter mentioned in section 126D(2); and(h) for each matter mentioned in paragraph (g), include copies of reports or other evidence relied on by the applicant for each proposed non-use management area; and(i) for each proposed non-use management area, state the applicant’s proposed methodology for achieving best practice management of the area to support the management milestones under the proposed PRCP schedule for the area; and(j) include the other information the administering authority reasonably considers necessary to decide whether to approve the PRCP schedule for the plan.(2) The matters mentioned in subsection (1), other than the matter mentioned in subsection (1)(c)(i), are the
"rehabilitation planning part" of the proposed PRC plan.
126D Requirements for proposed PRCP schedule(1) A proposed PRCP schedule must—(a) for the area of each resource tenure described in the PRC plan, state—(i) the proposed post-mining land use for the land; or(ii) that the applicant considers the land to be a non-use management area; and(b) for each proposed post-mining land use mentioned in paragraph (a)(i), state—(i) each rehabilitation milestone required to achieve a stable condition for the land; and(ii) when each rehabilitation milestone is to be achieved; and(c) for each non-use management area mentioned in paragraph (a)(ii), state—(i) each management milestone for the area; and(ii) when each management milestone is to be achieved; and(d) include maps showing the land mentioned in paragraphs (a), (b) and (c).(2) The PRCP schedule may state that land is a non-use management area only if—(a) carrying out rehabilitation of the land would cause a greater risk of environmental harm than not carrying out the rehabilitation; or(b) both of the following apply—(i) the risk of environmental harm as a result of not carrying out rehabilitation of the land is confined to the area of the relevant resource tenure;(ii) the applicant considers, having regard to each public interest consideration, that it is in the public interest for the land not to be rehabilitated to a stable condition.(3) Despite subsection (2), if land the subject of the proposed PRCP schedule will contain a void situated wholly or partly in a flood plain, the schedule must provide for rehabilitation of the land to a stable condition.(4) For subsection (1)(b)(ii), the PRCP schedule must provide for each rehabilitation milestone to be achieved as soon as practicable after the land to which it relates becomes available for rehabilitation.(5) For subsection (4), land is
"available for rehabilitation" if the land is not being mined, unless—(a) the land is being used for operating infrastructure or machinery for mining, including, for example, a dam or water storage facility; or(b) the land is identified in the proposed PRCP schedule or the application for an environmental authority for relevant activities to which the schedule relates as containing a probable or proved ore reserve that is to be mined within 10 years after the land would otherwise have become available for rehabilitation; or(ba) the land is required for the mining of a probable or proved ore reserve mentioned in paragraph (b); or(c) the land contains permanent infrastructure identified in the proposed PRCP schedule as remaining on the land for a post-mining land use.(6) In this section—
"mined" means mined within the meaning of the Mineral Resources Act , section 6A.
"probable or proved ore reserve" means a probable ore reserve or proved ore reserve mentioned in the listing rules made by ASX Limited (ACN 008 624 691) for the listing of corporations on the Australian stock exchange.
"void" means an area of land to be excavated in the carrying out of a mining activity.