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MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 40A

Work plan—approval

    (1)     The Department Head must—

        (a)     approve the work plan with or without conditions; or

        (b)     require the changes to the rehabilitation plan or the work plan specified in a notice to the licensee to be made before the plan will be approved; or

        (c)     refuse to approve the work plan.

    (2)     The Department Head must approve the work plan, require changes to the rehabilitation plan or work plan, or refuse to approve the work plan under subsection (1), within 28 days after the last of any of the following events that are applicable occurs—

        (a)     the licensee notifying the Department Head that all required planning approvals have been granted;

        (b)     the Minister administering the Environment Effects Act 1978 submitting an assessment to the Minister under section 42(7);

        (c)     the granting or refusal of any application under section 26B relating to the licence;

        (d)     the Minister notifying the Department Head that he or she has considered any comments received under section 41A(2);

        (e)     the Crown land Minister giving the Minister comments under section 40(7) ;

        (f)     the lodging of the work plan.

    (3)     If the Minister administering the Environment Effects Act 1978 submits an assessment under section 42(7), the Department Head must give a copy of the work plan to that Minister at least 10 days before approving the plan.

    (4)     The Department Head must—

        (a)     notify the licensee of his or her decision on the work plan; and

        (b)     give the licensee a statement of reasons for the decision.

S. 41
amended by Nos 86/1993 s. 20, 76/1998 s. 31(c)(i)(ii), substituted by No. 82/2000 s. 38, amended by Nos 63/2006 s. 27, 25/2008 s. 12, 59/2010 s. 35, substituted by No. 10/2014 s. 18.



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