(1) In section 34(2)(cb) of the Principal Act, for "under section 40(6) or 41(5)" substitute "or of a variation of a work plan under section 40A or 41AAB".
(2) After section 34(2) of the Principal Act insert —
"(2A) The Minister may also act under subsection (1) to make compliance with the Code of Practice a condition of—
(a) a mining licence that—
(i) covers an area of 5 hectares or less; and
(ii) does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments; or
(b) a prospecting licence that does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments.".