(1) Despite section 45 (as in force immediately before the commencement date), a licensee who, before the commencement date, did any work under the licence within an area of land prohibited by section 45(1)(a)(i) to (x) (as in force immediately before the commencement date) or within 100 metres below that area is deemed always to have complied with section 45 in respect of that work if—
(a) at the time the work was done an approved work plan and, in the case of a mining licence, a work authority, was registered in respect of the licence; and
(b) the work was done in accordance with the approved work plan.
(2) Nothing in subsection (1) affects the rights of the parties in the proceedings in VCAT known as Tech-Sol Resources Pty Ltd v Minister for Energy Industries and Resources  VCAT 1648 and  VCAT 1654 .
(3) In this section "commencement date" means the date of commencement of section 34 of the Mineral Resources Development (Sustainable Development) Act 2006 .
S. 134 inserted by No. 63/2006 s. 55.