Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MINING AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 10 - SECT 4

4 Insertion of new ch 13, pt 19

Chapter 13—

insert—

'(1) This section applies if, on the cancellation of an environmental authority under section 277A, there is no prescribed condition requiring the holder of the mining tenure for carrying out the small scale activity to which the authority relates—

(a) to give the administering authority financial assurance; or
(b) to rehabilitate land.

'(2) On the cancellation of the environmental authority, a current condition of the authority is taken to be a prescribed condition for carrying out the small scale mining activity.

'(3) Subsection (2) applies in relation to the carrying out of the small scale mining activity until a regulation under section 21A prescribes a condition requiring the holder of the mining tenure for carrying out the small scale mining activity—

(a) to give the administering authority financial assurance; or
(b) to rehabilitate land.

'(4) In this section—

current condition, of an environmental authority, means a condition of the authority requiring the holder of the authority—

(a) to give the administering authority financial assurance; or
(b) to rehabilitate land.

'(1) This section applies to financial assurance for an environmental authority (EA financial assurance) if—

(a) the financial assurance is held by the administering authority immediately before the commencement of the section; and
(b) the activity carried out under the environmental authority is a small scale mining activity; and
(c) the chief executive cancels the environmental authority under section 277A; and
(d) a prescribed condition requires the holder of a mining tenure for carrying out the small scale mining activity to give the administering authority financial assurance for the tenure.

'(2) If the amount of the EA financial assurance is equal to the amount required under the prescribed condition (the required amount), the amount of the EA financial assurance is taken to be the financial assurance for the mining tenure.

'(3) If the amount of the EA financial assurance is more than the required amount—

(a) the amount of the EA financial assurance that is equal to the required amount is taken to be the financial assurance for the mining tenure; and
(b) the administering authority must return to the holder the amount that is more than the required amount.

'(4) If the amount of the EA financial assurance is less than the required amount—

(a) the amount of the EA financial assurance is taken to be part of the financial assurance for the mining tenure; and
(b) the holder must, to comply with the prescribed condition, give the administering authority the amount that is the difference between the required amount and the EA financial assurance.'.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback