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MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) (MINERAL INDUSTRIES) REGULATIONS 2019 (SR NO 48 OF 2019) - REG 48

Information required in application for variation of work plan

    (1)     For the purposes of section 41(2) of the Act, the prescribed information is the following—

        (a)     if changes to the work or rehabilitation set out in the work plan are proposed, a description of any new or changed exploration hazard, mining hazard or rehabilitation hazard arising from the proposed changes that significantly increases the risks posed to—

              (i)     the environment; or

              (ii)     any member of the public; or

              (iii)     land, property or infrastructure in the vicinity of the work or rehabilitation relating to the new or changed hazard;

        (b)     if any new or changed hazard is described under paragraph (a), the information specified in regulations 44 and 45 that relate to the new or changed hazard, including the resulting proposed changes to the work plan;

        (c)     if the proposed variation includes new or changed rehabilitation of areas disturbed by exploration work, the information specified in regulation 41(b) that relates to the new or changed rehabilitation, including the resulting proposed changes to the work plan;

        (d)     if the application for the proposed variation is lodged on or after 1 July 2020 and includes new or changed rehabilitation of land disturbed by mining, the information specified in regulation 43(2) that relates to the new or changed rehabilitation, including the resulting proposed changes to the rehabilitation plan in the work plan;

        (e)     if the application for the proposed variation is lodged on or after 1 July 2019 but before 1 July 2020 and includes new or changed rehabilitation of land disturbed by mining, the information specified in regulation 43(4) that relates to the new or changed rehabilitation, including the resulting proposed changes to the rehabilitation plan in the work plan;

        (f)     if the application for the proposed variation is lodged on or after 1 July 2020 and the variation is in respect of a work plan that includes a pre-July 2020 rehabilitation plan, the information specified in regulation 43(2) (other than information already included in the application under paragraph (d)), including the resulting proposed changes to the rehabilitation plan in the work plan;

        (g)     if the proposed variation includes or gives rise to any changes relating to community consultation, the proposed changes to the work plan in relation to the information specified in regulation 46;

        (h)     if the proposed variation includes any new or changed work to be carried out at a declared mine, the information that relates to, and is applicable to, the proposed changes to the work plan in relation to the requirements and processes set out in Schedule 12;

              (i)     if the proposed variation includes any new or changed mining work that is the mining of coal, the information that relates to, and is applicable to, the proposed changes to the work plan in relation to the information specified in regulation 40(b)(iii);

        (j)     a description of how the proposed variation to the work plan relates to the current approved work plan.

    (2)     In this regulation—

pre-July 2020 rehabilitation plan means a rehabilitation plan included in a work plan lodged before 1 July 2020 that does not include the information prescribed in regulation 43(2).



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