{"id":"qld:act-2018-030","name":"Mineral and Energy Resources (Financial Provisioning) Act 2018","slug":"mineral-and-energy-resources-financial-provisioning-act-2018","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"30 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29615,"registerId":"qld-act-2018-030-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Mineral and Energy Resources (Financial Provisioning) Act 2018 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Purposes and application of Act","content":"## Purposes and application of Act","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purposes","content":"### sec.3 Main purposes\n\nThe main purposes of this Act are—\nto provide for holders of authorities to pay a contribution to the scheme fund, or give a surety, for the authorities; and\nto provide a way to manage the risk to the State of incurring costs and expenses if the holder of an authority or small scale mining tenure does not comply with the holder’s obligations under the authority or tenure; and\nto provide a source of funds to the State for costs and expenses relating to preventing or minimising environmental harm, or rehabilitating or restoring the environment, or securing compliance with an authority or small scale mining tenure; and\nto provide a source of funds to the State for—\nremediation activities in relation to mining activities previously carried out on an abandoned mine site; and\nremediation activities in relation to an abandoned operating plant; and\nresearch that may contribute to the rehabilitation of land on which resource activities have been carried out; and\nto administer payments received by the State under the Environmental Protection Act 1994 for residual risks of land on which resource activities have been carried out.\ns 3 amd 2019 No. 17 s 213 ; 2020 No. 26 s 103 ; 2020 No. 14 s 218 sch 1\n- (a) to provide for holders of authorities to pay a contribution to the scheme fund, or give a surety, for the authorities; and\n- (b) to provide a way to manage the risk to the State of incurring costs and expenses if the holder of an authority or small scale mining tenure does not comply with the holder’s obligations under the authority or tenure; and\n- (c) to provide a source of funds to the State for costs and expenses relating to preventing or minimising environmental harm, or rehabilitating or restoring the environment, or securing compliance with an authority or small scale mining tenure; and\n- (d) to provide a source of funds to the State for— (i) remediation activities in relation to mining activities previously carried out on an abandoned mine site; and (ii) remediation activities in relation to an abandoned operating plant; and (iii) research that may contribute to the rehabilitation of land on which resource activities have been carried out; and\n- (i) remediation activities in relation to mining activities previously carried out on an abandoned mine site; and\n- (ii) remediation activities in relation to an abandoned operating plant; and\n- (iii) research that may contribute to the rehabilitation of land on which resource activities have been carried out; and\n- (e) to administer payments received by the State under the Environmental Protection Act 1994 for residual risks of land on which resource activities have been carried out.\n- (i) remediation activities in relation to mining activities previously carried out on an abandoned mine site; and\n- (ii) remediation activities in relation to an abandoned operating plant; and\n- (iii) research that may contribute to the rehabilitation of land on which resource activities have been carried out; and","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"How main purposes to be achieved","content":"### sec.4 How main purposes to be achieved\n\nThe main purposes are to be achieved by—\nestablishing a financial provisioning scheme to deal with the environmental impacts of resource activities (the scheme ), including, for example—\na scheme fund; and\na cash surety account; and\nestablishing a residual risks fund; and\nproviding for the appointment of a person to manage the scheme and administer the residual risks fund; and\nproviding for the person mentioned in paragraph (c) —\nfor managing the scheme—to make payments from the scheme fund and the cash surety account, enter into surety arrangements, and call on and release sureties; and\nfor administering the residual risks fund—to make payments from the residual risks fund.\ns 4 amd 2020 No. 26 s 104\n- (a) establishing a financial provisioning scheme to deal with the environmental impacts of resource activities (the scheme ), including, for example— (i) a scheme fund; and (ii) a cash surety account; and\n- (i) a scheme fund; and\n- (ii) a cash surety account; and\n- (b) establishing a residual risks fund; and\n- (c) providing for the appointment of a person to manage the scheme and administer the residual risks fund; and\n- (d) providing for the person mentioned in paragraph (c) — (i) for managing the scheme—to make payments from the scheme fund and the cash surety account, enter into surety arrangements, and call on and release sureties; and (ii) for administering the residual risks fund—to make payments from the residual risks fund.\n- (i) for managing the scheme—to make payments from the scheme fund and the cash surety account, enter into surety arrangements, and call on and release sureties; and\n- (ii) for administering the residual risks fund—to make payments from the residual risks fund.\n- (i) a scheme fund; and\n- (ii) a cash surety account; and\n- (i) for managing the scheme—to make payments from the scheme fund and the cash surety account, enter into surety arrangements, and call on and release sureties; and\n- (ii) for administering the residual risks fund—to make payments from the residual risks fund.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Relationship with Environmental Protection Act 1994","content":"### sec.5 Relationship with Environmental Protection Act 1994\n\nThis Act does not exclude, limit or otherwise affect the operation of the Environmental Protection Act 1994 unless this Act otherwise expressly provides.\nWithout limiting subsection (1) , this Act does not exclude, limit or otherwise affect the duties, obligations, requirements or restrictions imposed, under the Environmental Protection Act 1994 , on the holder of an authority or small scale mining tenure.\n(sec.5-ssec.1) This Act does not exclude, limit or otherwise affect the operation of the Environmental Protection Act 1994 unless this Act otherwise expressly provides.\n(sec.5-ssec.2) Without limiting subsection (1) , this Act does not exclude, limit or otherwise affect the duties, obligations, requirements or restrictions imposed, under the Environmental Protection Act 1994 , on the holder of an authority or small scale mining tenure.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act does not affect other rights or remedies","content":"### sec.6 Act does not affect other rights or remedies\n\nThis Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nWithout limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\nIn addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy.\nTo remove any doubt, it is declared that nothing in this Act creates an obligation on the State to take action, or incur costs and expenses, to—\nprevent or minimise environmental harm or rehabilitate or restore the environment, in relation to the carrying out of an activity under an authority or small scale mining tenure; or\nsecure compliance with an authority or small scale mining tenure.\n(sec.6-ssec.1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\n(sec.6-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\n(sec.6-ssec.3) In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy.\n(sec.6-ssec.4) To remove any doubt, it is declared that nothing in this Act creates an obligation on the State to take action, or incur costs and expenses, to— prevent or minimise environmental harm or rehabilitate or restore the environment, in relation to the carrying out of an activity under an authority or small scale mining tenure; or secure compliance with an authority or small scale mining tenure.\n- (a) prevent or minimise environmental harm or rehabilitate or restore the environment, in relation to the carrying out of an activity under an authority or small scale mining tenure; or\n- (b) secure compliance with an authority or small scale mining tenure.","sortOrder":8},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"What is the estimated rehabilitation cost","content":"### sec.8 What is the estimated rehabilitation cost\n\nThe estimated rehabilitation cost , for an environmental authority for a resource activity (an authority ), is the amount of the estimated cost of the following, for an ERC period, as decided under the Environmental Protection Act 1994 , section 300 by the administering authority—\nrehabilitating the land on which the resource activity is carried out;\npreventing or minimising environmental harm, or rehabilitating or restoring the environment, in relation to the resource activity.\n- (a) rehabilitating the land on which the resource activity is carried out;\n- (b) preventing or minimising environmental harm, or rehabilitating or restoring the environment, in relation to the resource activity.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"What is an entity’s total estimated rehabilitation cost","content":"### sec.9 What is an entity’s total estimated rehabilitation cost\n\nThe total estimated rehabilitation cost , for an entity, is the sum of the estimated rehabilitation cost for each authority for which—\na contribution to the scheme fund is payable; and\nthe entity is the holder or, if there is more than 1 holder of the authority, the relevant holder.\n- (a) a contribution to the scheme fund is payable; and\n- (b) the entity is the holder or, if there is more than 1 holder of the authority, the relevant holder.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"What is the State’s total estimated rehabilitation cost","content":"### sec.10 What is the State’s total estimated rehabilitation cost\n\nThe total estimated rehabilitation cost , for the State, is the sum of the estimated rehabilitation cost for each authority granted by the State.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"What is the fund threshold","content":"### sec.11 What is the fund threshold\n\nThe fund threshold applying to an authority is—\nthe amount prescribed for the authority by regulation for this paragraph; or\nif no amount is prescribed under paragraph (a) for the authority—the amount under subsection (2) for the authority.\nThe amount for subsection (1) (b) is—\nif the holder of the authority has a prescribed rating—$600m; or\nif the scheme manager considers the financial soundness of a parent corporation of the holder when making an allocation decision for the authority and the parent corporation has a prescribed rating—$600m; or\nfor an authority for which there is more than 1 holder—\nif the scheme manager considers the financial soundness of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the holders considered has a prescribed rating—$600m; or\nif the scheme manager considers the financial soundness of a parent corporation of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the parent corporations considered has a prescribed rating—$600m; or\nin any other case—$450m.\nBefore recommending to the Governor in Council that an amount be prescribed under subsection (1) (a) , the Minister must have regard to—\nthe percentage of the State’s total estimated rehabilitation cost that the amount represents; and\nthe number of holders of authorities affected by the amount; and\nthe effect of the matters mentioned in paragraphs (a) and (b) on the financial viability of the scheme fund; and\nif the actuarial sustainability of the scheme has been investigated under section 73 —the actuary’s opinion, and the scheme manager’s recommendation, about whether the fund threshold applying to all or some of the authorities should be changed.\nIn this section—\nprescribed rating , in relation to the holder of an authority, means a credit rating prescribed by regulation.\ns 11 amd 2024 No. 33 s 93\n(sec.11-ssec.1) The fund threshold applying to an authority is— the amount prescribed for the authority by regulation for this paragraph; or if no amount is prescribed under paragraph (a) for the authority—the amount under subsection (2) for the authority.\n(sec.11-ssec.2) The amount for subsection (1) (b) is— if the holder of the authority has a prescribed rating—$600m; or if the scheme manager considers the financial soundness of a parent corporation of the holder when making an allocation decision for the authority and the parent corporation has a prescribed rating—$600m; or for an authority for which there is more than 1 holder— if the scheme manager considers the financial soundness of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the holders considered has a prescribed rating—$600m; or if the scheme manager considers the financial soundness of a parent corporation of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the parent corporations considered has a prescribed rating—$600m; or in any other case—$450m.\n(sec.11-ssec.3) Before recommending to the Governor in Council that an amount be prescribed under subsection (1) (a) , the Minister must have regard to— the percentage of the State’s total estimated rehabilitation cost that the amount represents; and the number of holders of authorities affected by the amount; and the effect of the matters mentioned in paragraphs (a) and (b) on the financial viability of the scheme fund; and if the actuarial sustainability of the scheme has been investigated under section 73 —the actuary’s opinion, and the scheme manager’s recommendation, about whether the fund threshold applying to all or some of the authorities should be changed.\n(sec.11-ssec.4) In this section— prescribed rating , in relation to the holder of an authority, means a credit rating prescribed by regulation.\n- (a) the amount prescribed for the authority by regulation for this paragraph; or\n- (b) if no amount is prescribed under paragraph (a) for the authority—the amount under subsection (2) for the authority.\n- (a) if the holder of the authority has a prescribed rating—$600m; or\n- (b) if the scheme manager considers the financial soundness of a parent corporation of the holder when making an allocation decision for the authority and the parent corporation has a prescribed rating—$600m; or\n- (c) for an authority for which there is more than 1 holder— (i) if the scheme manager considers the financial soundness of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the holders considered has a prescribed rating—$600m; or (ii) if the scheme manager considers the financial soundness of a parent corporation of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the parent corporations considered has a prescribed rating—$600m; or\n- (i) if the scheme manager considers the financial soundness of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the holders considered has a prescribed rating—$600m; or\n- (ii) if the scheme manager considers the financial soundness of a parent corporation of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the parent corporations considered has a prescribed rating—$600m; or\n- (d) in any other case—$450m.\n- (i) if the scheme manager considers the financial soundness of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the holders considered has a prescribed rating—$600m; or\n- (ii) if the scheme manager considers the financial soundness of a parent corporation of any or all of the holders of the authority when making an allocation decision for the authority and at least 1 of the parent corporations considered has a prescribed rating—$600m; or\n- (a) the percentage of the State’s total estimated rehabilitation cost that the amount represents; and\n- (b) the number of holders of authorities affected by the amount; and\n- (c) the effect of the matters mentioned in paragraphs (a) and (b) on the financial viability of the scheme fund; and\n- (d) if the actuarial sustainability of the scheme has been investigated under section 73 —the actuary’s opinion, and the scheme manager’s recommendation, about whether the fund threshold applying to all or some of the authorities should be changed.","sortOrder":14},{"sectionNumber":"pt.2","sectionType":"part","heading":"Establishment of scheme and residual risks fund","content":"# Establishment of scheme and residual risks fund","sortOrder":15},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Scheme manager","content":"## Scheme manager","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Appointment","content":"### sec.12 Appointment\n\nThere is to be a scheme manager.\nThe scheme manager is to be appointed by the Governor in Council.\nThe scheme manager is appointed under this Act and not the Public Sector Act 2022 .\nThe scheme manager may be appointed on a full-time or part-time basis.\ns 12 amd 2022 No. 34 s 365 sch 3\n(sec.12-ssec.1) There is to be a scheme manager.\n(sec.12-ssec.2) The scheme manager is to be appointed by the Governor in Council.\n(sec.12-ssec.3) The scheme manager is appointed under this Act and not the Public Sector Act 2022 .\n(sec.12-ssec.4) The scheme manager may be appointed on a full-time or part-time basis.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Term of appointment","content":"### sec.13 Term of appointment\n\nThe scheme manager holds office for the term stated in the scheme manager’s instrument of appointment.\nThe stated term must not be more than 5 years.\nThe scheme manager may be reappointed.\n(sec.13-ssec.1) The scheme manager holds office for the term stated in the scheme manager’s instrument of appointment.\n(sec.13-ssec.2) The stated term must not be more than 5 years.\n(sec.13-ssec.3) The scheme manager may be reappointed.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Remuneration and conditions","content":"### sec.14 Remuneration and conditions\n\nThe scheme manager is to be paid the remuneration and other allowances decided by the Governor in Council.\nThe remuneration must not be reduced during the scheme manager’s term of office without the scheme manager’s written consent.\nThe scheme manager holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.14-ssec.1) The scheme manager is to be paid the remuneration and other allowances decided by the Governor in Council.\n(sec.14-ssec.2) The remuneration must not be reduced during the scheme manager’s term of office without the scheme manager’s written consent.\n(sec.14-ssec.3) The scheme manager holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Resignation","content":"### sec.15 Resignation\n\nThe scheme manager may, at any time, resign office as scheme manager by signed notice given to the Minister.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Acting scheme manager","content":"### sec.16 Acting scheme manager\n\nThe Minister may appoint a person to act as scheme manager—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the scheme manager is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\nHowever, the person can not be appointed for more than 6 months in any 12 month period.\nThe acting scheme manager is appointed under this Act and not the Public Sector Act 2022 .\nIt does not matter whether the appointee is or is not a public service officer.\ns 16 amd 2022 No. 34 s 365 sch 3\n(sec.16-ssec.1) The Minister may appoint a person to act as scheme manager— during a vacancy in the office; or during any period, or during all periods, when the scheme manager is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\n(sec.16-ssec.2) However, the person can not be appointed for more than 6 months in any 12 month period.\n(sec.16-ssec.3) The acting scheme manager is appointed under this Act and not the Public Sector Act 2022 .\n(sec.16-ssec.4) It does not matter whether the appointee is or is not a public service officer.\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the scheme manager is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Preservation of rights","content":"### sec.17 Preservation of rights\n\nThis section applies if a public service officer is appointed as the scheme manager.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the scheme manager were a continuation of service as a public service officer.\nWithout limiting subsection (2) , the person’s appointment does not—\nprejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nentitle the person to a payment or other benefit because the person is no longer a public service officer.\n(sec.17-ssec.1) This section applies if a public service officer is appointed as the scheme manager.\n(sec.17-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the scheme manager were a continuation of service as a public service officer.\n(sec.17-ssec.3) Without limiting subsection (2) , the person’s appointment does not— prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or entitle the person to a payment or other benefit because the person is no longer a public service officer.\n- (a) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (b) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (c) entitle the person to a payment or other benefit because the person is no longer a public service officer.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Relationship with State","content":"### sec.18 Relationship with State\n\nThe scheme manager represents the State.\nWithout limiting subsection (1) , the scheme manager has the status, privileges and immunities of the State.\n(sec.18-ssec.1) The scheme manager represents the State.\n(sec.18-ssec.2) Without limiting subsection (1) , the scheme manager has the status, privileges and immunities of the State.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Finance","content":"### sec.19 Finance\n\nThe scheme manager is a part of the department for the purposes of the Financial Accountability Act 2009 .\nDespite the Financial Accountability Act 2009 , section 76 , the accountable officer for the department under that Act may delegate the officer’s functions under that Act to the scheme manager.\n(sec.19-ssec.1) The scheme manager is a part of the department for the purposes of the Financial Accountability Act 2009 .\n(sec.19-ssec.2) Despite the Financial Accountability Act 2009 , section 76 , the accountable officer for the department under that Act may delegate the officer’s functions under that Act to the scheme manager.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Not statutory body for particular Acts","content":"### sec.20 Not statutory body for particular Acts\n\nThe scheme manager is not a statutory body for the Statutory Bodies Financial Arrangements Act 1982 or the Financial Accountability Act 2009 .","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Functions","content":"### sec.21 Functions\n\nThe scheme manager has the following functions—\nallocating authorities to a risk category;\nreviewing the risk category to which authorities have been allocated;\nmanaging the scheme;\nadministering the residual risks fund;\nsetting investment objectives for the scheme fund or part of the scheme fund, and for the residual risks fund or part of the residual risks fund, and establishing investment strategies and policies to achieve the objectives.\nIn performing the function under subsection (1) (e) , the scheme manager must ask for advice from—\nthe Long Term Asset Advisory Board; or\nif the Treasurer nominates another entity for this paragraph—the nominated entity.\nIn this section—\nLong Term Asset Advisory Board means the Long Term Asset Advisory Board established under the Queensland Treasury Corporation Act 1988 , section 10 .\ns 21 amd 2020 No. 26 s 106\n(sec.21-ssec.1) The scheme manager has the following functions— allocating authorities to a risk category; reviewing the risk category to which authorities have been allocated; managing the scheme; administering the residual risks fund; setting investment objectives for the scheme fund or part of the scheme fund, and for the residual risks fund or part of the residual risks fund, and establishing investment strategies and policies to achieve the objectives.\n(sec.21-ssec.2) In performing the function under subsection (1) (e) , the scheme manager must ask for advice from— the Long Term Asset Advisory Board; or if the Treasurer nominates another entity for this paragraph—the nominated entity.\n(sec.21-ssec.3) In this section— Long Term Asset Advisory Board means the Long Term Asset Advisory Board established under the Queensland Treasury Corporation Act 1988 , section 10 .\n- (a) allocating authorities to a risk category;\n- (b) reviewing the risk category to which authorities have been allocated;\n- (c) managing the scheme;\n- (d) administering the residual risks fund;\n- (e) setting investment objectives for the scheme fund or part of the scheme fund, and for the residual risks fund or part of the residual risks fund, and establishing investment strategies and policies to achieve the objectives.\n- (a) the Long Term Asset Advisory Board; or\n- (b) if the Treasurer nominates another entity for this paragraph—the nominated entity.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Powers","content":"### sec.22 Powers\n\nSubject to subsection (3) , the scheme manager has all the powers of an individual and may, for example—\nenter into contracts; and\nacquire, hold, deal with and dispose of property; and\nappoint agents and attorneys; and\nengage consultants; and\ndo anything else necessary or convenient to be done in the performance of the scheme manager’s functions.\nSubject to subsection (3) , the scheme manager also has the powers given to the scheme manager under this Act or another Act.\nThe scheme manager does not have power to borrow money.\n(sec.22-ssec.1) Subject to subsection (3) , the scheme manager has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants; and do anything else necessary or convenient to be done in the performance of the scheme manager’s functions.\n(sec.22-ssec.2) Subject to subsection (3) , the scheme manager also has the powers given to the scheme manager under this Act or another Act.\n(sec.22-ssec.3) The scheme manager does not have power to borrow money.\n- (a) enter into contracts; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants; and\n- (e) do anything else necessary or convenient to be done in the performance of the scheme manager’s functions.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Staff services from department","content":"### sec.23 Staff services from department\n\nThe chief executive may, at the scheme manager’s request, assign public service employees of the department to perform work for the scheme manager.\nA person assigned to perform work for the scheme manager under subsection (1) is not subject to the direction of the chief executive in relation to the work.\n(sec.23-ssec.1) The chief executive may, at the scheme manager’s request, assign public service employees of the department to perform work for the scheme manager.\n(sec.23-ssec.2) A person assigned to perform work for the scheme manager under subsection (1) is not subject to the direction of the chief executive in relation to the work.","sortOrder":28},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Scheme fund and cash surety account","content":"## Scheme fund and cash surety account","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Establishment of scheme fund","content":"### sec.24 Establishment of scheme fund\n\nThe Financial Provisioning Fund (the scheme fund ) is established.\nAccounts for the scheme fund must be kept as part of the departmental accounts of the department.\nAmounts received for the scheme fund—\nmust be deposited in a departmental financial institution account of the department; and\nmay be deposited in an account used for depositing other amounts of the department.\nThe chief executive (environment) must pay into the scheme fund an amount recovered under the Environmental Protection Act 1994 in relation to costs and expenses for which the chief executive (environment) receives an amount from the scheme manager under section 65 .\nThe Treasurer may advance amounts to the scheme fund on the terms the Treasurer considers appropriate.\nAn advance by the Treasurer under subsection (5) is to be paid by the Treasurer out of the consolidated fund which is appropriated accordingly.\nAmounts received for the scheme fund include the following—\ncontributions to the scheme fund paid under this Act;\nfees paid under this Act;\namounts received from the chief executive (environment) under subsection (4) ;\namounts advanced by the Treasurer;\namounts earned as interest on the cash surety account deposited into the scheme fund by the scheme manager;\namounts earned as interest on the scheme fund.\nAn amount mentioned in subsection (7) is a controlled receipt for the Financial Accountability Act 2009 .\nAn amount is payable from the scheme fund for—\nthe purposes of this Act, including, for example, a cost related to the administration of the scheme or staff services under section 23 ; or\nthe repayment of an amount advanced to the scheme fund by the Treasurer.\ns 24 amd 2020 No. 26 s 118 sch 1\n(sec.24-ssec.1) The Financial Provisioning Fund (the scheme fund ) is established.\n(sec.24-ssec.2) Accounts for the scheme fund must be kept as part of the departmental accounts of the department.\n(sec.24-ssec.3) Amounts received for the scheme fund— must be deposited in a departmental financial institution account of the department; and may be deposited in an account used for depositing other amounts of the department.\n(sec.24-ssec.4) The chief executive (environment) must pay into the scheme fund an amount recovered under the Environmental Protection Act 1994 in relation to costs and expenses for which the chief executive (environment) receives an amount from the scheme manager under section 65 .\n(sec.24-ssec.5) The Treasurer may advance amounts to the scheme fund on the terms the Treasurer considers appropriate.\n(sec.24-ssec.6) An advance by the Treasurer under subsection (5) is to be paid by the Treasurer out of the consolidated fund which is appropriated accordingly.\n(sec.24-ssec.7) Amounts received for the scheme fund include the following— contributions to the scheme fund paid under this Act; fees paid under this Act; amounts received from the chief executive (environment) under subsection (4) ; amounts advanced by the Treasurer; amounts earned as interest on the cash surety account deposited into the scheme fund by the scheme manager; amounts earned as interest on the scheme fund.\n(sec.24-ssec.8) An amount mentioned in subsection (7) is a controlled receipt for the Financial Accountability Act 2009 .\n(sec.24-ssec.9) An amount is payable from the scheme fund for— the purposes of this Act, including, for example, a cost related to the administration of the scheme or staff services under section 23 ; or the repayment of an amount advanced to the scheme fund by the Treasurer.\n- (a) must be deposited in a departmental financial institution account of the department; and\n- (b) may be deposited in an account used for depositing other amounts of the department.\n- (a) contributions to the scheme fund paid under this Act;\n- (b) fees paid under this Act;\n- (c) amounts received from the chief executive (environment) under subsection (4) ;\n- (d) amounts advanced by the Treasurer;\n- (e) amounts earned as interest on the cash surety account deposited into the scheme fund by the scheme manager;\n- (f) amounts earned as interest on the scheme fund.\n- (a) the purposes of this Act, including, for example, a cost related to the administration of the scheme or staff services under section 23 ; or\n- (b) the repayment of an amount advanced to the scheme fund by the Treasurer.","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Cash surety account","content":"### sec.25 Cash surety account\n\nThe scheme manager must keep a separate bank account (a cash surety account ) with a financial institution for the management of cash amounts paid as surety for an authority or small scale mining tenure.\nAccounts for the cash surety account must be kept as part of the departmental accounts of the department.\nThe scheme manager must pay into the cash surety account a cash amount paid as surety for an authority or small scale mining tenure.\nThe scheme manager may make payments from the cash surety account only for—\ngiving an amount to a requesting entity under section 68 (b) ; or\ndepositing an amount of interest earned on the account into the scheme fund; or\nreleasing a surety under section 58 .\nThe scheme manager may invest an amount in the cash surety account only in—\ndeposits with a financial institution; or\ninvestment arrangements mentioned in the Statutory Bodies Financial Arrangements Act 1982 , section 44 (1) (d) .\nAn investment mentioned in subsection (5) must be—\nat call; or\nfor a fixed time of not more than 1 year.\n(sec.25-ssec.1) The scheme manager must keep a separate bank account (a cash surety account ) with a financial institution for the management of cash amounts paid as surety for an authority or small scale mining tenure.\n(sec.25-ssec.2) Accounts for the cash surety account must be kept as part of the departmental accounts of the department.\n(sec.25-ssec.3) The scheme manager must pay into the cash surety account a cash amount paid as surety for an authority or small scale mining tenure.\n(sec.25-ssec.4) The scheme manager may make payments from the cash surety account only for— giving an amount to a requesting entity under section 68 (b) ; or depositing an amount of interest earned on the account into the scheme fund; or releasing a surety under section 58 .\n(sec.25-ssec.5) The scheme manager may invest an amount in the cash surety account only in— deposits with a financial institution; or investment arrangements mentioned in the Statutory Bodies Financial Arrangements Act 1982 , section 44 (1) (d) .\n(sec.25-ssec.6) An investment mentioned in subsection (5) must be— at call; or for a fixed time of not more than 1 year.\n- (a) giving an amount to a requesting entity under section 68 (b) ; or\n- (b) depositing an amount of interest earned on the account into the scheme fund; or\n- (c) releasing a surety under section 58 .\n- (a) deposits with a financial institution; or\n- (b) investment arrangements mentioned in the Statutory Bodies Financial Arrangements Act 1982 , section 44 (1) (d) .\n- (a) at call; or\n- (b) for a fixed time of not more than 1 year.","sortOrder":31},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Residual risks fund","content":"## Residual risks fund","sortOrder":32},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Establishment of residual risks fund","content":"### sec.25A Establishment of residual risks fund\n\nThe Residual Risks Fund is established.\nAccounts for the residual risks fund must be kept as part of the departmental accounts of the department.\nAmounts received for the residual risks fund—\nmust be deposited in a departmental financial institution account of the department; and\nmay be deposited in an account used for depositing other amounts of the department.\nAmounts received for the residual risks fund are—\nresidual risk payment amounts; or\namounts earned as interest on the residual risks fund or as a return from investment of monies in the residual risks fund.\nAn amount mentioned in subsection (4) is a controlled receipt for the Financial Accountability Act 2009 .\nAn amount is payable from the residual risks fund—\nfor payment of costs and expenses related to the administration of the fund; or\nunder part 3A .\ns 25A ins 2020 No. 26 s 107\n(sec.25A-ssec.1) The Residual Risks Fund is established.\n(sec.25A-ssec.2) Accounts for the residual risks fund must be kept as part of the departmental accounts of the department.\n(sec.25A-ssec.3) Amounts received for the residual risks fund— must be deposited in a departmental financial institution account of the department; and may be deposited in an account used for depositing other amounts of the department.\n(sec.25A-ssec.4) Amounts received for the residual risks fund are— residual risk payment amounts; or amounts earned as interest on the residual risks fund or as a return from investment of monies in the residual risks fund.\n(sec.25A-ssec.5) An amount mentioned in subsection (4) is a controlled receipt for the Financial Accountability Act 2009 .\n(sec.25A-ssec.6) An amount is payable from the residual risks fund— for payment of costs and expenses related to the administration of the fund; or under part 3A .\n- (a) must be deposited in a departmental financial institution account of the department; and\n- (b) may be deposited in an account used for depositing other amounts of the department.\n- (a) residual risk payment amounts; or\n- (b) amounts earned as interest on the residual risks fund or as a return from investment of monies in the residual risks fund.\n- (a) for payment of costs and expenses related to the administration of the fund; or\n- (b) under part 3A .","sortOrder":33},{"sectionNumber":"pt.3","sectionType":"part","heading":"Operation of scheme","content":"# Operation of scheme","sortOrder":34},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Risk category allocation","content":"## Risk category allocation","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application of subdivision","content":"### sec.26 Application of subdivision\n\nThis subdivision applies if—\nthe administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and\nthe estimated rehabilitation cost decided by the administering authority is equal to or more than the following amount (the prescribed ERC amount )—\nthe amount, of more than $100,000, prescribed by regulation for this subparagraph;\nif no amount is prescribed under subparagraph (i) —$10m.\nAlso, this subdivision applies if—\nthe administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and\nthe estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\nthe scheme manager gives the holder an election notice for the authority.\nIf the administering authority makes more than 1 decision under the Environmental Protection Act 1994 , section 300 in relation to an authority—\nsubsection (1) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount; and\nsubsection (2) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount.\nHowever, subsection (1) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount if—\nbefore the decision is made, the scheme manager had given the holder an election notice for the authority; and\nimmediately before the decision is made, the election notice is in effect.\nAlso, subsection (2) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount if, immediately before the decision is made, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\nA reference in subsections (3) , (4) and (5) to a decision of the administering authority includes a decision made before the commencement.\ns 26 amd 2024 No. 33 s 94\n(sec.26-ssec.1) This subdivision applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than the following amount (the prescribed ERC amount )— the amount, of more than $100,000, prescribed by regulation for this subparagraph; if no amount is prescribed under subparagraph (i) —$10m.\n(sec.26-ssec.2) Also, this subdivision applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and the scheme manager gives the holder an election notice for the authority.\n(sec.26-ssec.3) If the administering authority makes more than 1 decision under the Environmental Protection Act 1994 , section 300 in relation to an authority— subsection (1) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount; and subsection (2) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount.\n(sec.26-ssec.4) However, subsection (1) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount if— before the decision is made, the scheme manager had given the holder an election notice for the authority; and immediately before the decision is made, the election notice is in effect.\n(sec.26-ssec.5) Also, subsection (2) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount if, immediately before the decision is made, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\n(sec.26-ssec.6) A reference in subsections (3) , (4) and (5) to a decision of the administering authority includes a decision made before the commencement.\n- (a) the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and\n- (b) the estimated rehabilitation cost decided by the administering authority is equal to or more than the following amount (the prescribed ERC amount )— (i) the amount, of more than $100,000, prescribed by regulation for this subparagraph; (ii) if no amount is prescribed under subparagraph (i) —$10m.\n- (i) the amount, of more than $100,000, prescribed by regulation for this subparagraph;\n- (ii) if no amount is prescribed under subparagraph (i) —$10m.\n- (i) the amount, of more than $100,000, prescribed by regulation for this subparagraph;\n- (ii) if no amount is prescribed under subparagraph (i) —$10m.\n- (a) the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and\n- (b) the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\n- (c) the scheme manager gives the holder an election notice for the authority.\n- (a) subsection (1) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount; and\n- (b) subsection (2) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount.\n- (a) before the decision is made, the scheme manager had given the holder an election notice for the authority; and\n- (b) immediately before the decision is made, the election notice is in effect.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Scheme manager must make initial risk category allocation","content":"### sec.27 Scheme manager must make initial risk category allocation\n\nThe scheme manager must decide to allocate the authority to 1 of the following risk categories (the initial risk category allocation )—\nvery low;\nlow;\nmoderate;\nmoderate-high;\nhigh.\nIn deciding the initial risk category allocation, the scheme manager—\nmust consider—\nthe scheme manager’s opinion of the probability of the State incurring costs and expenses because the holder of the authority has not prevented or minimised environmental harm, or rehabilitated or restored the environment, in relation to a resource activity carried out under, or to ensure compliance with, the authority; and\nsubmissions made under section 28 ; and\nthe scheme guidelines; and\nmay consider any other matter the scheme manager considers relevant to the decision.\nIn forming an opinion under subsection (2) (a) (i) , the scheme manager—\nmust consider—\nthe financial soundness of the holder; and\nthe scheme guidelines; and\nmay consider—\nthe characteristics of a resource project to which the authority relates; and\nany other matter the scheme manager considers relevant to forming the opinion.\nIn considering the financial soundness of the holder, the scheme manager may consider the financial soundness of a parent corporation of the holder.\nIf there is more than 1 holder, the scheme manager—\nmay consider the financial soundness of any or all of the holders; and\nin considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and\nmust assign the authority to only 1 of the holders (the relevant holder of the authority).\ns 27 amd 2020 No. 26 s 118 sch 1 ; 2024 No. 33 s 95\n(sec.27-ssec.1) The scheme manager must decide to allocate the authority to 1 of the following risk categories (the initial risk category allocation )— very low; low; moderate; moderate-high; high.\n(sec.27-ssec.2) In deciding the initial risk category allocation, the scheme manager— must consider— the scheme manager’s opinion of the probability of the State incurring costs and expenses because the holder of the authority has not prevented or minimised environmental harm, or rehabilitated or restored the environment, in relation to a resource activity carried out under, or to ensure compliance with, the authority; and submissions made under section 28 ; and the scheme guidelines; and may consider any other matter the scheme manager considers relevant to the decision.\n(sec.27-ssec.3) In forming an opinion under subsection (2) (a) (i) , the scheme manager— must consider— the financial soundness of the holder; and the scheme guidelines; and may consider— the characteristics of a resource project to which the authority relates; and any other matter the scheme manager considers relevant to forming the opinion.\n(sec.27-ssec.4) In considering the financial soundness of the holder, the scheme manager may consider the financial soundness of a parent corporation of the holder.\n(sec.27-ssec.5) If there is more than 1 holder, the scheme manager— may consider the financial soundness of any or all of the holders; and in considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and must assign the authority to only 1 of the holders (the relevant holder of the authority).\n- (a) very low;\n- (b) low;\n- (c) moderate;\n- (d) moderate-high;\n- (e) high.\n- (a) must consider— (i) the scheme manager’s opinion of the probability of the State incurring costs and expenses because the holder of the authority has not prevented or minimised environmental harm, or rehabilitated or restored the environment, in relation to a resource activity carried out under, or to ensure compliance with, the authority; and (ii) submissions made under section 28 ; and (iii) the scheme guidelines; and\n- (i) the scheme manager’s opinion of the probability of the State incurring costs and expenses because the holder of the authority has not prevented or minimised environmental harm, or rehabilitated or restored the environment, in relation to a resource activity carried out under, or to ensure compliance with, the authority; and\n- (ii) submissions made under section 28 ; and\n- (iii) the scheme guidelines; and\n- (b) may consider any other matter the scheme manager considers relevant to the decision.\n- (i) the scheme manager’s opinion of the probability of the State incurring costs and expenses because the holder of the authority has not prevented or minimised environmental harm, or rehabilitated or restored the environment, in relation to a resource activity carried out under, or to ensure compliance with, the authority; and\n- (ii) submissions made under section 28 ; and\n- (iii) the scheme guidelines; and\n- (a) must consider— (i) the financial soundness of the holder; and (ii) the scheme guidelines; and\n- (i) the financial soundness of the holder; and\n- (ii) the scheme guidelines; and\n- (b) may consider— (i) the characteristics of a resource project to which the authority relates; and (ii) any other matter the scheme manager considers relevant to forming the opinion.\n- (i) the characteristics of a resource project to which the authority relates; and\n- (ii) any other matter the scheme manager considers relevant to forming the opinion.\n- (i) the financial soundness of the holder; and\n- (ii) the scheme guidelines; and\n- (i) the characteristics of a resource project to which the authority relates; and\n- (ii) any other matter the scheme manager considers relevant to forming the opinion.\n- (a) may consider the financial soundness of any or all of the holders; and\n- (b) in considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and\n- (c) must assign the authority to only 1 of the holders (the relevant holder of the authority).","sortOrder":37},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Scheme manager must decide annual review allocation day","content":"### sec.27A Scheme manager must decide annual review allocation day\n\nThe scheme manager must decide the annual review allocation day for the authority.\nIn deciding the annual review allocation day, the scheme manager—\nmust consider—\nthe effect the day will have on the operation of the scheme; and\nany administrative efficiencies the day may achieve for the holder of the authority; and\nsubmissions made under section 28 ; and\nmay consider any other matter the scheme manager considers relevant to the decision.\ns 27A ins 2024 No. 33 s 96\n(sec.27A-ssec.1) The scheme manager must decide the annual review allocation day for the authority.\n(sec.27A-ssec.2) In deciding the annual review allocation day, the scheme manager— must consider— the effect the day will have on the operation of the scheme; and any administrative efficiencies the day may achieve for the holder of the authority; and submissions made under section 28 ; and may consider any other matter the scheme manager considers relevant to the decision.\n- (a) must consider— (i) the effect the day will have on the operation of the scheme; and (ii) any administrative efficiencies the day may achieve for the holder of the authority; and (iii) submissions made under section 28 ; and\n- (i) the effect the day will have on the operation of the scheme; and\n- (ii) any administrative efficiencies the day may achieve for the holder of the authority; and\n- (iii) submissions made under section 28 ; and\n- (b) may consider any other matter the scheme manager considers relevant to the decision.\n- (i) the effect the day will have on the operation of the scheme; and\n- (ii) any administrative efficiencies the day may achieve for the holder of the authority; and\n- (iii) submissions made under section 28 ; and","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Scheme manager must notify holder of indicative risk category allocation and indicative review day","content":"### sec.28 Scheme manager must notify holder of indicative risk category allocation and indicative review day\n\nThe scheme manager must, before deciding the initial risk category allocation and the annual review allocation day, give the holder a notice (a notice of indicative decision ) stating—\nthe risk category to which the scheme manager intends to allocate the authority (the indicative risk category allocation ); and\nthe reasons for the indicative risk category allocation; and\nif section 27 (5) applies—the relevant holder of the authority under section 27 (5) (c) ; and\nthe annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and\nwhether a contribution to the scheme fund, or a surety, is required under the indicative risk category allocation; and\nthat the holder may, within 20 business days after the notice of indicative decision is given—\nmake submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or\ngive the scheme manager notice that the holder accepts the indicative risk category allocation.\nThe scheme manager may extend the period mentioned in subsection (1) (f) by notice given to the holder.\ns 28 amd 2024 No. 33 s 97\n(sec.28-ssec.1) The scheme manager must, before deciding the initial risk category allocation and the annual review allocation day, give the holder a notice (a notice of indicative decision ) stating— the risk category to which the scheme manager intends to allocate the authority (the indicative risk category allocation ); and the reasons for the indicative risk category allocation; and if section 27 (5) applies—the relevant holder of the authority under section 27 (5) (c) ; and the annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and whether a contribution to the scheme fund, or a surety, is required under the indicative risk category allocation; and that the holder may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or give the scheme manager notice that the holder accepts the indicative risk category allocation.\n(sec.28-ssec.2) The scheme manager may extend the period mentioned in subsection (1) (f) by notice given to the holder.\n- (a) the risk category to which the scheme manager intends to allocate the authority (the indicative risk category allocation ); and\n- (b) the reasons for the indicative risk category allocation; and\n- (c) if section 27 (5) applies—the relevant holder of the authority under section 27 (5) (c) ; and\n- (d) the annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and\n- (e) whether a contribution to the scheme fund, or a surety, is required under the indicative risk category allocation; and\n- (f) that the holder may, within 20 business days after the notice of indicative decision is given— (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or (ii) give the scheme manager notice that the holder accepts the indicative risk category allocation.\n- (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or\n- (ii) give the scheme manager notice that the holder accepts the indicative risk category allocation.\n- (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or\n- (ii) give the scheme manager notice that the holder accepts the indicative risk category allocation.","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"When indicative risk category allocation and indicative review day become the initial risk category allocation and annual review allocation day","content":"### sec.29 When indicative risk category allocation and indicative review day become the initial risk category allocation and annual review allocation day\n\nThe scheme manager must decide to allocate the authority to the risk category stated under section 28 (1) (a) in the notice of indicative decision if the holder—\ndoes not make submissions under section 28 in relation to the indicative risk category allocation; or\ngives the scheme manager a notice under section 28 that the holder accepts the indicative risk category allocation.\nAlso, the scheme manager must decide the annual review allocation day for the authority as being the day stated under section 28 (1) (d) in the notice of indicative decision if the holder—\ndoes not make submissions under section 28 in relation to the indicative review day; or\ngives the scheme manager a notice under section 28 that the holder accepts the indicative review day.\ns 29 amd 2024 No. 33 s 98\n(sec.29-ssec.1) The scheme manager must decide to allocate the authority to the risk category stated under section 28 (1) (a) in the notice of indicative decision if the holder— does not make submissions under section 28 in relation to the indicative risk category allocation; or gives the scheme manager a notice under section 28 that the holder accepts the indicative risk category allocation.\n(sec.29-ssec.2) Also, the scheme manager must decide the annual review allocation day for the authority as being the day stated under section 28 (1) (d) in the notice of indicative decision if the holder— does not make submissions under section 28 in relation to the indicative review day; or gives the scheme manager a notice under section 28 that the holder accepts the indicative review day.\n- (a) does not make submissions under section 28 in relation to the indicative risk category allocation; or\n- (b) gives the scheme manager a notice under section 28 that the holder accepts the indicative risk category allocation.\n- (a) does not make submissions under section 28 in relation to the indicative review day; or\n- (b) gives the scheme manager a notice under section 28 that the holder accepts the indicative review day.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Period for deciding initial risk category allocation and annual review allocation day","content":"### sec.30 Period for deciding initial risk category allocation and annual review allocation day\n\nThe scheme manager must decide the initial risk category allocation and the annual review allocation day—\nif the holder gives the scheme manager a notice under section 28 that the holder accepts the indicative risk category allocation and the indicative review day—within 5 business days after the scheme manager receives the notice; or\nif the holder does not make submissions under section 28 —within 5 business days after the period in which the holder was permitted to make submissions ends; or\nif the holder makes submissions under section 28 —within 20 business days after the scheme manager receives the submissions; or\nif the scheme manager requires the holder, under section 44 , to give the scheme manager information or a document the scheme manager reasonably requires to decide the initial risk category allocation—within 20 business days after the scheme manager receives the information or document.\ns 30 amd 2024 No. 33 s 99\n- (a) if the holder gives the scheme manager a notice under section 28 that the holder accepts the indicative risk category allocation and the indicative review day—within 5 business days after the scheme manager receives the notice; or\n- (b) if the holder does not make submissions under section 28 —within 5 business days after the period in which the holder was permitted to make submissions ends; or\n- (c) if the holder makes submissions under section 28 —within 20 business days after the scheme manager receives the submissions; or\n- (d) if the scheme manager requires the holder, under section 44 , to give the scheme manager information or a document the scheme manager reasonably requires to decide the initial risk category allocation—within 20 business days after the scheme manager receives the information or document.","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Notice of initial risk category allocation and annual review allocation day","content":"### sec.31 Notice of initial risk category allocation and annual review allocation day\n\nThe scheme manager must, as soon as practicable after deciding both the initial risk category allocation and the annual review allocation day, give the holder a notice stating—\nthe day the risk category allocation was decided (the initial allocation day for the authority); and\nthe initial risk category allocation; and\nif section 27 (5) applies—the relevant holder of the authority under section 27 (5) (c) ; and\nthe annual review allocation day; and\nwhen the annual review allocation day takes effect; and\nthe amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and\nthe amount of the assessment fee for the decision, and when the fee must be paid.\nThe annual review allocation day takes effect on the day stated in the notice.\ns 31 amd 2024 No. 33 s 100\n(sec.31-ssec.1) The scheme manager must, as soon as practicable after deciding both the initial risk category allocation and the annual review allocation day, give the holder a notice stating— the day the risk category allocation was decided (the initial allocation day for the authority); and the initial risk category allocation; and if section 27 (5) applies—the relevant holder of the authority under section 27 (5) (c) ; and the annual review allocation day; and when the annual review allocation day takes effect; and the amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and the amount of the assessment fee for the decision, and when the fee must be paid.\n(sec.31-ssec.2) The annual review allocation day takes effect on the day stated in the notice.\n- (a) the day the risk category allocation was decided (the initial allocation day for the authority); and\n- (b) the initial risk category allocation; and\n- (c) if section 27 (5) applies—the relevant holder of the authority under section 27 (5) (c) ; and\n- (d) the annual review allocation day; and\n- (e) when the annual review allocation day takes effect; and\n- (f) the amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and\n- (g) the amount of the assessment fee for the decision, and when the fee must be paid.","sortOrder":42},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Meaning of changed holder event","content":"### sec.31A Meaning of changed holder event\n\nA changed holder event , in relation to an authority, means any of the following—\nan entity applies to the Minister under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 for approval of a prescribed dealing to enable its registration under section 17 of that Act that is an assessable transfer, of a resource authority relating to the authority, to another entity (the changed holder );\nan entity gives notice to the chief executive under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B of a notifiable dealing to enable its registration under section 17A of that Act that is a non-assessable transfer of a resource authority, or of a share in a resource authority, relating to the authority, if part of 1 holder’s share in the resource authority will be transferred to another holder of the resource authority (also the changed holder );\nan entity starts or stops controlling a holder of the authority (also the changed holder ) under the Corporations Act , section 50AA ;\na holder of the authority (also the changed holder ) starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\nFor subsection (1) (a) and (b) , a resource authority relates to an authority if the resource authority authorises the carrying out of a resource activity for the authority.\ns 31A ins 2020 No. 14 s 97\n(sec.31A-ssec.1) A changed holder event , in relation to an authority, means any of the following— an entity applies to the Minister under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 for approval of a prescribed dealing to enable its registration under section 17 of that Act that is an assessable transfer, of a resource authority relating to the authority, to another entity (the changed holder ); an entity gives notice to the chief executive under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B of a notifiable dealing to enable its registration under section 17A of that Act that is a non-assessable transfer of a resource authority, or of a share in a resource authority, relating to the authority, if part of 1 holder’s share in the resource authority will be transferred to another holder of the resource authority (also the changed holder ); an entity starts or stops controlling a holder of the authority (also the changed holder ) under the Corporations Act , section 50AA ; a holder of the authority (also the changed holder ) starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n(sec.31A-ssec.2) For subsection (1) (a) and (b) , a resource authority relates to an authority if the resource authority authorises the carrying out of a resource activity for the authority.\n- (a) an entity applies to the Minister under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 for approval of a prescribed dealing to enable its registration under section 17 of that Act that is an assessable transfer, of a resource authority relating to the authority, to another entity (the changed holder );\n- (b) an entity gives notice to the chief executive under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B of a notifiable dealing to enable its registration under section 17A of that Act that is a non-assessable transfer of a resource authority, or of a share in a resource authority, relating to the authority, if part of 1 holder’s share in the resource authority will be transferred to another holder of the resource authority (also the changed holder );\n- (c) an entity starts or stops controlling a holder of the authority (also the changed holder ) under the Corporations Act , section 50AA ;\n- (d) a holder of the authority (also the changed holder ) starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Scheme manager decision on risk category allocation if changed holder","content":"### sec.32 Scheme manager decision on risk category allocation if changed holder\n\nThis section applies if—\nan authority is allocated to a risk category; and\nthe estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and\na changed holder event happens in relation to the authority.\nAlso, this section applies if—\nthe estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\na changed holder event happens in relation to the authority; and\nthe scheme manager gives the changed holder an election notice for the authority.\nIf the authority is allocated to a risk category, the scheme manager may—\nreview the risk category to which the authority is allocated; and\ndecide to confirm or change the risk category to which the authority is allocated (the changed holder review allocation ).\nIf the authority is not allocated to a risk category, the scheme manager must—\ndecide to allocate the authority to a risk category (the changed holder initial allocation ); and\ndecide the annual review allocation day for the authority.\nIn making the changed holder allocation, the scheme manager—\nmust consider—\nthe scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) having regard to the changed holder; and\nsubmissions made under section 34 ; and\nthe scheme guidelines; and\nmay consider any other matter the scheme manager considers relevant.\nIn forming an opinion under subsection (5) (a) (i) , the scheme manager—\nmust consider—\nthe financial soundness of the changed holder; and\nthe scheme guidelines; and\nmay consider—\nthe characteristics of a resource project to which the authority relates; and\nany other matter the scheme manager considers relevant to forming the opinion.\nIn considering the financial soundness of the changed holder, the scheme manager may consider the financial soundness of a parent corporation of the changed holder.\nIf there is more than 1 holder, or changed holder, of the authority, the scheme manager—\nmay consider the financial soundness of any or all of the holders, or changed holders, of the authority; and\nin considering the financial soundness of any or all of the holders, or changed holders, of the authority, may consider the financial soundness of a parent corporation of any or all of the holders, or changed holders, of the authority; and\nmust assign the authority to only 1 of the holders, or changed holders, of the authority (the relevant holder of the authority).\nIn deciding the annual review allocation day, the scheme manager—\nmust consider—\nthe effect the day will have on the operation of the scheme; and\nany administrative efficiencies the day may achieve for the changed holder of the authority; and\nsubmissions made under section 34 ; and\nmay consider any other matter the scheme manager considers relevant.\ns 32 amd 2020 No. 26 s 118 sch 1 ; 2020 No. 14 s 98 ; 2024 No. 33 s 102\n(sec.32-ssec.1) This section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and a changed holder event happens in relation to the authority.\n(sec.32-ssec.2) Also, this section applies if— the estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and a changed holder event happens in relation to the authority; and the scheme manager gives the changed holder an election notice for the authority.\n(sec.32-ssec.3) If the authority is allocated to a risk category, the scheme manager may— review the risk category to which the authority is allocated; and decide to confirm or change the risk category to which the authority is allocated (the changed holder review allocation ).\n(sec.32-ssec.4) If the authority is not allocated to a risk category, the scheme manager must— decide to allocate the authority to a risk category (the changed holder initial allocation ); and decide the annual review allocation day for the authority.\n(sec.32-ssec.5) In making the changed holder allocation, the scheme manager— must consider— the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) having regard to the changed holder; and submissions made under section 34 ; and the scheme guidelines; and may consider any other matter the scheme manager considers relevant.\n(sec.32-ssec.6) In forming an opinion under subsection (5) (a) (i) , the scheme manager— must consider— the financial soundness of the changed holder; and the scheme guidelines; and may consider— the characteristics of a resource project to which the authority relates; and any other matter the scheme manager considers relevant to forming the opinion.\n(sec.32-ssec.7) In considering the financial soundness of the changed holder, the scheme manager may consider the financial soundness of a parent corporation of the changed holder.\n(sec.32-ssec.8) If there is more than 1 holder, or changed holder, of the authority, the scheme manager— may consider the financial soundness of any or all of the holders, or changed holders, of the authority; and in considering the financial soundness of any or all of the holders, or changed holders, of the authority, may consider the financial soundness of a parent corporation of any or all of the holders, or changed holders, of the authority; and must assign the authority to only 1 of the holders, or changed holders, of the authority (the relevant holder of the authority).\n(sec.32-ssec.9) In deciding the annual review allocation day, the scheme manager— must consider— the effect the day will have on the operation of the scheme; and any administrative efficiencies the day may achieve for the changed holder of the authority; and submissions made under section 34 ; and may consider any other matter the scheme manager considers relevant.\n- (a) an authority is allocated to a risk category; and\n- (b) the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and\n- (c) a changed holder event happens in relation to the authority.\n- (a) the estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\n- (b) a changed holder event happens in relation to the authority; and\n- (c) the scheme manager gives the changed holder an election notice for the authority.\n- (a) review the risk category to which the authority is allocated; and\n- (b) decide to confirm or change the risk category to which the authority is allocated (the changed holder review allocation ).\n- (a) decide to allocate the authority to a risk category (the changed holder initial allocation ); and\n- (b) decide the annual review allocation day for the authority.\n- (a) must consider— (i) the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) having regard to the changed holder; and (ii) submissions made under section 34 ; and (iii) the scheme guidelines; and\n- (i) the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) having regard to the changed holder; and\n- (ii) submissions made under section 34 ; and\n- (iii) the scheme guidelines; and\n- (b) may consider any other matter the scheme manager considers relevant.\n- (i) the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) having regard to the changed holder; and\n- (ii) submissions made under section 34 ; and\n- (iii) the scheme guidelines; and\n- (a) must consider— (i) the financial soundness of the changed holder; and (ii) the scheme guidelines; and\n- (i) the financial soundness of the changed holder; and\n- (ii) the scheme guidelines; and\n- (b) may consider— (i) the characteristics of a resource project to which the authority relates; and (ii) any other matter the scheme manager considers relevant to forming the opinion.\n- (i) the characteristics of a resource project to which the authority relates; and\n- (ii) any other matter the scheme manager considers relevant to forming the opinion.\n- (i) the financial soundness of the changed holder; and\n- (ii) the scheme guidelines; and\n- (i) the characteristics of a resource project to which the authority relates; and\n- (ii) any other matter the scheme manager considers relevant to forming the opinion.\n- (a) may consider the financial soundness of any or all of the holders, or changed holders, of the authority; and\n- (b) in considering the financial soundness of any or all of the holders, or changed holders, of the authority, may consider the financial soundness of a parent corporation of any or all of the holders, or changed holders, of the authority; and\n- (c) must assign the authority to only 1 of the holders, or changed holders, of the authority (the relevant holder of the authority).\n- (a) must consider— (i) the effect the day will have on the operation of the scheme; and (ii) any administrative efficiencies the day may achieve for the changed holder of the authority; and (iii) submissions made under section 34 ; and\n- (i) the effect the day will have on the operation of the scheme; and\n- (ii) any administrative efficiencies the day may achieve for the changed holder of the authority; and\n- (iii) submissions made under section 34 ; and\n- (b) may consider any other matter the scheme manager considers relevant.\n- (i) the effect the day will have on the operation of the scheme; and\n- (ii) any administrative efficiencies the day may achieve for the changed holder of the authority; and\n- (iii) submissions made under section 34 ; and","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application to scheme manager if proposed changed holder","content":"### sec.33 Application to scheme manager if proposed changed holder\n\nThis section applies if—\nan authority is allocated to a risk category; and\nthe estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and\na changed holder event is proposed in relation to the authority.\nAlso, this section applies if—\nthe estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\na changed holder event is proposed in relation to the authority; and\nhad the proposed changed holder event happened, division 1A would apply in relation to the changed holder.\nA holder of the authority, or the changed holder with the consent of a holder of the authority, may apply to the scheme manager to make a changed holder allocation as if—\nthe proposed changed holder event had happened; and\nfor an authority to which subsection (2) applies—the scheme manager had given the changed holder an election notice for the authority.\nThe scheme manager must make the changed holder allocation only if the application is accompanied by the assessment fee for the decision.\ns 33 amd 2020 No. 14 s 99 ; 2024 No. 33 s 103\n(sec.33-ssec.1) This section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and a changed holder event is proposed in relation to the authority.\n(sec.33-ssec.2) Also, this section applies if— the estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and a changed holder event is proposed in relation to the authority; and had the proposed changed holder event happened, division 1A would apply in relation to the changed holder.\n(sec.33-ssec.3) A holder of the authority, or the changed holder with the consent of a holder of the authority, may apply to the scheme manager to make a changed holder allocation as if— the proposed changed holder event had happened; and for an authority to which subsection (2) applies—the scheme manager had given the changed holder an election notice for the authority.\n(sec.33-ssec.4) The scheme manager must make the changed holder allocation only if the application is accompanied by the assessment fee for the decision.\n- (a) an authority is allocated to a risk category; and\n- (b) the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and\n- (c) a changed holder event is proposed in relation to the authority.\n- (a) the estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\n- (b) a changed holder event is proposed in relation to the authority; and\n- (c) had the proposed changed holder event happened, division 1A would apply in relation to the changed holder.\n- (a) the proposed changed holder event had happened; and\n- (b) for an authority to which subsection (2) applies—the scheme manager had given the changed holder an election notice for the authority.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Scheme manager must notify interested entity of indicative changed holder allocation","content":"### sec.34 Scheme manager must notify interested entity of indicative changed holder allocation\n\nThe scheme manager must, before deciding the changed holder allocation in relation to an authority, give the interested entity a notice (the notice of indicative decision ) stating—\nthe risk category to which the scheme manager intends to allocate the authority (the indicative changed holder allocation ); and\nthe reasons for the indicative changed holder allocation; and\nif the authority is not allocated to a risk category—the annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and\nif section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and\nwhether a contribution to the scheme fund, or a surety, is required under the indicative changed holder allocation; and\nthat the interested entity may, within 20 business days after the notice of indicative decision is given—\nmake submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or\ngive the scheme manager notice that the interested entity accepts the indicative changed holder allocation.\nThe scheme manager may extend the period mentioned in subsection (1) (f) by notice given to the interested entity.\nIn this section—\ninterested entity means—\nfor an authority in relation to which a changed holder event has happened—\nfor a changed holder event of a type mentioned in section 31A (1) (a) —the entity that applied to the Minister for approval of the prescribed dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19 ; or\nfor a changed holder event of a type mentioned in section 31A (1) (b) —the entity that gave notice to the chief executive of the notifiable dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19B ; or\nfor a changed holder event of a type mentioned in section 31A (1) (c) or (d) —each holder of the authority; or\nfor an authority in relation to which a changed holder event is proposed—the applicant under section 33 for a changed holder allocation for the proposed changed holder event.\ns 34 amd 2020 No. 14 s 100 ; 2024 No. 33 s 104\n(sec.34-ssec.1) The scheme manager must, before deciding the changed holder allocation in relation to an authority, give the interested entity a notice (the notice of indicative decision ) stating— the risk category to which the scheme manager intends to allocate the authority (the indicative changed holder allocation ); and the reasons for the indicative changed holder allocation; and if the authority is not allocated to a risk category—the annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and if section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and whether a contribution to the scheme fund, or a surety, is required under the indicative changed holder allocation; and that the interested entity may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or give the scheme manager notice that the interested entity accepts the indicative changed holder allocation.\n(sec.34-ssec.2) The scheme manager may extend the period mentioned in subsection (1) (f) by notice given to the interested entity.\n(sec.34-ssec.3) In this section— interested entity means— for an authority in relation to which a changed holder event has happened— for a changed holder event of a type mentioned in section 31A (1) (a) —the entity that applied to the Minister for approval of the prescribed dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19 ; or for a changed holder event of a type mentioned in section 31A (1) (b) —the entity that gave notice to the chief executive of the notifiable dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19B ; or for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —each holder of the authority; or for an authority in relation to which a changed holder event is proposed—the applicant under section 33 for a changed holder allocation for the proposed changed holder event.\n- (a) the risk category to which the scheme manager intends to allocate the authority (the indicative changed holder allocation ); and\n- (b) the reasons for the indicative changed holder allocation; and\n- (c) if the authority is not allocated to a risk category—the annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and\n- (d) if section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and\n- (e) whether a contribution to the scheme fund, or a surety, is required under the indicative changed holder allocation; and\n- (f) that the interested entity may, within 20 business days after the notice of indicative decision is given— (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or (ii) give the scheme manager notice that the interested entity accepts the indicative changed holder allocation.\n- (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or\n- (ii) give the scheme manager notice that the interested entity accepts the indicative changed holder allocation.\n- (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or\n- (ii) give the scheme manager notice that the interested entity accepts the indicative changed holder allocation.\n- (a) for an authority in relation to which a changed holder event has happened— (i) for a changed holder event of a type mentioned in section 31A (1) (a) —the entity that applied to the Minister for approval of the prescribed dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19 ; or (ii) for a changed holder event of a type mentioned in section 31A (1) (b) —the entity that gave notice to the chief executive of the notifiable dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19B ; or (iii) for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —each holder of the authority; or\n- (i) for a changed holder event of a type mentioned in section 31A (1) (a) —the entity that applied to the Minister for approval of the prescribed dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19 ; or\n- (ii) for a changed holder event of a type mentioned in section 31A (1) (b) —the entity that gave notice to the chief executive of the notifiable dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19B ; or\n- (iii) for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —each holder of the authority; or\n- (b) for an authority in relation to which a changed holder event is proposed—the applicant under section 33 for a changed holder allocation for the proposed changed holder event.\n- (i) for a changed holder event of a type mentioned in section 31A (1) (a) —the entity that applied to the Minister for approval of the prescribed dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19 ; or\n- (ii) for a changed holder event of a type mentioned in section 31A (1) (b) —the entity that gave notice to the chief executive of the notifiable dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19B ; or\n- (iii) for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —each holder of the authority; or","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"When indicative changed holder allocation and indicative review day become the changed holder allocation and annual review allocation day","content":"### sec.35 When indicative changed holder allocation and indicative review day become the changed holder allocation and annual review allocation day\n\nThe scheme manager must decide to allocate the authority to the risk category stated under section 34 (1) (a) in the notice of indicative decision if the interested entity—\ndoes not make submissions under section 34 in relation to the indicative changed holder allocation; or\ngives the scheme manager a notice under section 34 that the interested entity accepts the indicative changed holder allocation.\nIf the authority is not allocated to a risk category, the scheme manager must decide the annual review allocation day for the authority as being the day stated under section 34 (1) (c) in the notice of indicative decision if the interested entity—\ndoes not make submissions under section 34 in relation to the indicative review day; or\ngives the scheme manager a notice under section 34 that the interested entity accepts the indicative review day.\ns 35 amd 2024 No. 33 s 105\n(sec.35-ssec.1) The scheme manager must decide to allocate the authority to the risk category stated under section 34 (1) (a) in the notice of indicative decision if the interested entity— does not make submissions under section 34 in relation to the indicative changed holder allocation; or gives the scheme manager a notice under section 34 that the interested entity accepts the indicative changed holder allocation.\n(sec.35-ssec.2) If the authority is not allocated to a risk category, the scheme manager must decide the annual review allocation day for the authority as being the day stated under section 34 (1) (c) in the notice of indicative decision if the interested entity— does not make submissions under section 34 in relation to the indicative review day; or gives the scheme manager a notice under section 34 that the interested entity accepts the indicative review day.\n- (a) does not make submissions under section 34 in relation to the indicative changed holder allocation; or\n- (b) gives the scheme manager a notice under section 34 that the interested entity accepts the indicative changed holder allocation.\n- (a) does not make submissions under section 34 in relation to the indicative review day; or\n- (b) gives the scheme manager a notice under section 34 that the interested entity accepts the indicative review day.","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Notice of changed holder allocation","content":"### sec.36 Notice of changed holder allocation\n\nThe scheme manager must, as soon as practicable after deciding the changed holder allocation, give a notice to the interested entity stating—\nthe day the changed holder allocation was decided; and\nthe risk category to which the authority is allocated under the changed holder allocation; and\nif the scheme manager decides the annual review allocation day for the authority under section 32 (4) (b) —\nthe annual review allocation day; and\nwhen the annual review allocation day takes effect; and\nif section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and\nthe amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and\nthe amount of the assessment fee for the decision, and when the fee must be paid, unless the assessment fee has been paid under section 33 ; and\nwhen the changed holder allocation takes effect.\nThe annual review allocation day takes effect on the day stated in the notice.\ns 36 amd 2024 No. 33 s 106\n(sec.36-ssec.1) The scheme manager must, as soon as practicable after deciding the changed holder allocation, give a notice to the interested entity stating— the day the changed holder allocation was decided; and the risk category to which the authority is allocated under the changed holder allocation; and if the scheme manager decides the annual review allocation day for the authority under section 32 (4) (b) — the annual review allocation day; and when the annual review allocation day takes effect; and if section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and the amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and the amount of the assessment fee for the decision, and when the fee must be paid, unless the assessment fee has been paid under section 33 ; and when the changed holder allocation takes effect.\n(sec.36-ssec.2) The annual review allocation day takes effect on the day stated in the notice.\n- (a) the day the changed holder allocation was decided; and\n- (b) the risk category to which the authority is allocated under the changed holder allocation; and\n- (c) if the scheme manager decides the annual review allocation day for the authority under section 32 (4) (b) — (i) the annual review allocation day; and (ii) when the annual review allocation day takes effect; and\n- (i) the annual review allocation day; and\n- (ii) when the annual review allocation day takes effect; and\n- (d) if section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and\n- (e) the amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and\n- (f) the amount of the assessment fee for the decision, and when the fee must be paid, unless the assessment fee has been paid under section 33 ; and\n- (g) when the changed holder allocation takes effect.\n- (i) the annual review allocation day; and\n- (ii) when the annual review allocation day takes effect; and","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"When changed holder allocation takes effect","content":"### sec.37 When changed holder allocation takes effect\n\nThe changed holder allocation takes effect—\nfor a changed holder event of a type mentioned in section 31A (1) (a) —when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or\nfor a changed holder event of a type mentioned in section 31A (1) (b) —when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B to the chief executive; or\nfor a changed holder event of a type mentioned in section 31A (1) (c) or (d) —on the day that is 10 business days after the notice under section 36 (1) is given to the interested entity; or\nfor a proposed changed holder event of a type mentioned in section 31A (1) (a) —if and when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or\nfor a proposed changed holder event of a type mentioned in section 31A (1) (b) —if and when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B to the chief executive; or\nfor a proposed changed holder event of a type mentioned in section 31A (1) (c) or (d) —if and when the proposed event happens.\nHowever—\nsubsection (1) (d) applies only if—\nthe application for approval of the prescribed dealing is made within the prescribed period after the notice under section 36 (1) is given to the interested entity; and\nfor an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and\nsubsection (1) (e) applies only if—\nnotice of the notifiable dealing is given within the prescribed period after the notice under section 36 (1) is given to the interested entity; and\nfor an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and\nsubsection (1) (f) applies only if—\nthe proposed changed holder event happens within the prescribed period after the notice under section 36 (1) is given to the interested entity; and\nfor an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority.\nIn this section—\nprescribed period means—\nthe period prescribed by regulation for this paragraph; or\nif no period is prescribed under paragraph (a) —6 months.\ns 37 sub 2020 No. 14 s 101\namd 2024 No. 33 s 107\n(sec.37-ssec.1) The changed holder allocation takes effect— for a changed holder event of a type mentioned in section 31A (1) (a) —when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or for a changed holder event of a type mentioned in section 31A (1) (b) —when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B to the chief executive; or for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —on the day that is 10 business days after the notice under section 36 (1) is given to the interested entity; or for a proposed changed holder event of a type mentioned in section 31A (1) (a) —if and when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or for a proposed changed holder event of a type mentioned in section 31A (1) (b) —if and when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B to the chief executive; or for a proposed changed holder event of a type mentioned in section 31A (1) (c) or (d) —if and when the proposed event happens.\n(sec.37-ssec.2) However— subsection (1) (d) applies only if— the application for approval of the prescribed dealing is made within the prescribed period after the notice under section 36 (1) is given to the interested entity; and for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and subsection (1) (e) applies only if— notice of the notifiable dealing is given within the prescribed period after the notice under section 36 (1) is given to the interested entity; and for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and subsection (1) (f) applies only if— the proposed changed holder event happens within the prescribed period after the notice under section 36 (1) is given to the interested entity; and for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority.\n(sec.37-ssec.3) In this section— prescribed period means— the period prescribed by regulation for this paragraph; or if no period is prescribed under paragraph (a) —6 months.\n- (a) for a changed holder event of a type mentioned in section 31A (1) (a) —when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or\n- (b) for a changed holder event of a type mentioned in section 31A (1) (b) —when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B to the chief executive; or\n- (c) for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —on the day that is 10 business days after the notice under section 36 (1) is given to the interested entity; or\n- (d) for a proposed changed holder event of a type mentioned in section 31A (1) (a) —if and when the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or\n- (e) for a proposed changed holder event of a type mentioned in section 31A (1) (b) —if and when the notifiable dealing is notified under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19B to the chief executive; or\n- (f) for a proposed changed holder event of a type mentioned in section 31A (1) (c) or (d) —if and when the proposed event happens.\n- (a) subsection (1) (d) applies only if— (i) the application for approval of the prescribed dealing is made within the prescribed period after the notice under section 36 (1) is given to the interested entity; and (ii) for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and\n- (i) the application for approval of the prescribed dealing is made within the prescribed period after the notice under section 36 (1) is given to the interested entity; and\n- (ii) for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and\n- (b) subsection (1) (e) applies only if— (i) notice of the notifiable dealing is given within the prescribed period after the notice under section 36 (1) is given to the interested entity; and (ii) for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and\n- (i) notice of the notifiable dealing is given within the prescribed period after the notice under section 36 (1) is given to the interested entity; and\n- (ii) for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and\n- (c) subsection (1) (f) applies only if— (i) the proposed changed holder event happens within the prescribed period after the notice under section 36 (1) is given to the interested entity; and (ii) for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority.\n- (i) the proposed changed holder event happens within the prescribed period after the notice under section 36 (1) is given to the interested entity; and\n- (ii) for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority.\n- (i) the application for approval of the prescribed dealing is made within the prescribed period after the notice under section 36 (1) is given to the interested entity; and\n- (ii) for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and\n- (i) notice of the notifiable dealing is given within the prescribed period after the notice under section 36 (1) is given to the interested entity; and\n- (ii) for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority; and\n- (i) the proposed changed holder event happens within the prescribed period after the notice under section 36 (1) is given to the interested entity; and\n- (ii) for an authority to which section 33 (2) applied—the scheme manager gives the changed holder an election notice for the authority.\n- (a) the period prescribed by regulation for this paragraph; or\n- (b) if no period is prescribed under paragraph (a) —6 months.","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Annual review of risk category allocation","content":"### sec.38 Annual review of risk category allocation\n\nThis section applies if—\nan authority is allocated to a risk category; and\nthe estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\nAlso, this section applies if—\nan authority is allocated to a risk category; and\nthe estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\nthe scheme manager has given the holder an election notice for the authority; and\nthe election notice is in effect.\nThe scheme manager must, within 30 business days before the annual review allocation day for the authority—\nreview the risk category to which the authority is allocated; and\ndecide to confirm or change the risk category to which the authority is allocated (the annual review allocation ).\nHowever, subsection (3) does not apply to an annual review allocation day that is within 9 months after—\nthe initial allocation day for the authority; or\nthe day a changed holder allocation takes effect for the authority; or\nthe day a change to the annual review allocation day takes effect.\nIn making the annual review allocation, the scheme manager—\nmust consider—\nthe scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) ; and\nsubmissions made under section 39 ; and\nthe scheme guidelines; and\nmay consider any other matter the scheme manager considers relevant.\nIn forming an opinion under subsection (5) (a) (i) , the scheme manager—\nmust consider—\nthe financial soundness of the holder; and\nthe scheme guidelines; and\nmay consider—\nthe characteristics of a resource project to which the authority relates; and\nany other matter the scheme manager considers relevant to forming the opinion.\nIn considering the financial soundness of the holder, the scheme manager may consider the financial soundness of a parent corporation of the holder.\nIf there is more than 1 holder, the scheme manager—\nmay consider the financial soundness of any or all of the holders; and\nin considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and\nmust assign the authority to only 1 of the holders (the relevant holder of the authority).\ns 38 amd 2020 No. 26 s 118 sch 1 ; 2024 No. 33 s 108\n(sec.38-ssec.1) This section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\n(sec.38-ssec.2) Also, this section applies if— an authority is allocated to a risk category; and the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than the prescribed ERC amount; and the scheme manager has given the holder an election notice for the authority; and the election notice is in effect.\n(sec.38-ssec.3) The scheme manager must, within 30 business days before the annual review allocation day for the authority— review the risk category to which the authority is allocated; and decide to confirm or change the risk category to which the authority is allocated (the annual review allocation ).\n(sec.38-ssec.4) However, subsection (3) does not apply to an annual review allocation day that is within 9 months after— the initial allocation day for the authority; or the day a changed holder allocation takes effect for the authority; or the day a change to the annual review allocation day takes effect.\n(sec.38-ssec.5) In making the annual review allocation, the scheme manager— must consider— the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) ; and submissions made under section 39 ; and the scheme guidelines; and may consider any other matter the scheme manager considers relevant.\n(sec.38-ssec.6) In forming an opinion under subsection (5) (a) (i) , the scheme manager— must consider— the financial soundness of the holder; and the scheme guidelines; and may consider— the characteristics of a resource project to which the authority relates; and any other matter the scheme manager considers relevant to forming the opinion.\n(sec.38-ssec.7) In considering the financial soundness of the holder, the scheme manager may consider the financial soundness of a parent corporation of the holder.\n(sec.38-ssec.8) If there is more than 1 holder, the scheme manager— may consider the financial soundness of any or all of the holders; and in considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and must assign the authority to only 1 of the holders (the relevant holder of the authority).\n- (a) an authority is allocated to a risk category; and\n- (b) the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\n- (a) an authority is allocated to a risk category; and\n- (b) the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\n- (c) the scheme manager has given the holder an election notice for the authority; and\n- (d) the election notice is in effect.\n- (a) review the risk category to which the authority is allocated; and\n- (b) decide to confirm or change the risk category to which the authority is allocated (the annual review allocation ).\n- (a) the initial allocation day for the authority; or\n- (b) the day a changed holder allocation takes effect for the authority; or\n- (c) the day a change to the annual review allocation day takes effect.\n- (a) must consider— (i) the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) ; and (ii) submissions made under section 39 ; and (iii) the scheme guidelines; and\n- (i) the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) ; and\n- (ii) submissions made under section 39 ; and\n- (iii) the scheme guidelines; and\n- (b) may consider any other matter the scheme manager considers relevant.\n- (i) the scheme manager’s opinion of the probability mentioned in section 27 (2) (a) (i) ; and\n- (ii) submissions made under section 39 ; and\n- (iii) the scheme guidelines; and\n- (a) must consider— (i) the financial soundness of the holder; and (ii) the scheme guidelines; and\n- (i) the financial soundness of the holder; and\n- (ii) the scheme guidelines; and\n- (b) may consider— (i) the characteristics of a resource project to which the authority relates; and (ii) any other matter the scheme manager considers relevant to forming the opinion.\n- (i) the characteristics of a resource project to which the authority relates; and\n- (ii) any other matter the scheme manager considers relevant to forming the opinion.\n- (i) the financial soundness of the holder; and\n- (ii) the scheme guidelines; and\n- (i) the characteristics of a resource project to which the authority relates; and\n- (ii) any other matter the scheme manager considers relevant to forming the opinion.\n- (a) may consider the financial soundness of any or all of the holders; and\n- (b) in considering the financial soundness of any or all of the holders, may consider the financial soundness of a parent corporation of any or all of the holders; and\n- (c) must assign the authority to only 1 of the holders (the relevant holder of the authority).","sortOrder":50},{"sectionNumber":"sec.39","sectionType":"section","heading":"Scheme manager must notify holder of indicative annual review allocation","content":"### sec.39 Scheme manager must notify holder of indicative annual review allocation\n\nThe scheme manager must, before deciding the annual review allocation, give the holder a notice (the notice of indicative decision ) stating—\nthe risk category to which the scheme manager intends to allocate the authority (the indicative annual review allocation ); and\nthe reasons for the indicative annual review allocation; and\nif section 38 (8) applies—the relevant holder of the authority under section 38 (8) (c) ; and\nwhether a contribution to the scheme fund, or a surety, is required under the indicative annual review allocation; and\nthat the holder may, within 20 business days after the notice of indicative decision is given—\nmake submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) or (d) ; or\ngive the scheme manager notice that the holder accepts the indicative annual review allocation.\nThe scheme manager may extend the period mentioned in subsection (1) (e) by notice given to the holder.\ns 39 amd 2024 No. 33 s 183 s ch 1 pt 2\n(sec.39-ssec.1) The scheme manager must, before deciding the annual review allocation, give the holder a notice (the notice of indicative decision ) stating— the risk category to which the scheme manager intends to allocate the authority (the indicative annual review allocation ); and the reasons for the indicative annual review allocation; and if section 38 (8) applies—the relevant holder of the authority under section 38 (8) (c) ; and whether a contribution to the scheme fund, or a surety, is required under the indicative annual review allocation; and that the holder may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) or (d) ; or give the scheme manager notice that the holder accepts the indicative annual review allocation.\n(sec.39-ssec.2) The scheme manager may extend the period mentioned in subsection (1) (e) by notice given to the holder.\n- (a) the risk category to which the scheme manager intends to allocate the authority (the indicative annual review allocation ); and\n- (b) the reasons for the indicative annual review allocation; and\n- (c) if section 38 (8) applies—the relevant holder of the authority under section 38 (8) (c) ; and\n- (d) whether a contribution to the scheme fund, or a surety, is required under the indicative annual review allocation; and\n- (e) that the holder may, within 20 business days after the notice of indicative decision is given— (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) or (d) ; or (ii) give the scheme manager notice that the holder accepts the indicative annual review allocation.\n- (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) or (d) ; or\n- (ii) give the scheme manager notice that the holder accepts the indicative annual review allocation.\n- (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) or (d) ; or\n- (ii) give the scheme manager notice that the holder accepts the indicative annual review allocation.","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":"When indicative annual review allocation becomes the annual review allocation","content":"### sec.40 When indicative annual review allocation becomes the annual review allocation\n\nThe scheme manager must decide to allocate the authority to the risk category stated under section 39 (1) (a) in the notice of indicative decision if the holder—\ndoes not make submissions under section 39 ; or\ngives the scheme manager a notice under section 39 that the holder accepts the indicative annual review allocation.\n- (a) does not make submissions under section 39 ; or\n- (b) gives the scheme manager a notice under section 39 that the holder accepts the indicative annual review allocation.","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Notice of annual review allocation","content":"### sec.41 Notice of annual review allocation\n\nThe scheme manager must, as soon as practicable after deciding the annual review allocation, give a notice to the holder stating—\nthe day the annual review allocation was decided (the annual review day for the authority); and\nthe risk category to which the authority is allocated under the annual review allocation; and\nif section 38 (8) applies—the relevant holder of the authority under section 38 (8) (c) ; and\nthe amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and\nthe amount of the assessment fee for the decision, and when the fee must be paid.\ns 41 amd 2024 No. 33 s 183 s ch 1 pt 2\n- (a) the day the annual review allocation was decided (the annual review day for the authority); and\n- (b) the risk category to which the authority is allocated under the annual review allocation; and\n- (c) if section 38 (8) applies—the relevant holder of the authority under section 38 (8) (c) ; and\n- (d) the amount of the contribution to the scheme fund, or surety, required under division 2 in relation to the authority, and when the amount must be paid or given; and\n- (e) the amount of the assessment fee for the decision, and when the fee must be paid.","sortOrder":53},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Application to scheme manager to change annual review allocation day","content":"### sec.41A Application to scheme manager to change annual review allocation day\n\nThe holder of an authority may apply to the scheme manager to change the annual review allocation day for the authority to another day (the proposed day ).\nThe application must state—\nthe proposed day; and\nthe reasons for the proposed change.\nIn deciding the application, the scheme manager—\nmust consider—\nthe effect the proposed day will have on the operation of the scheme; and\nany administrative efficiencies the proposed day may achieve for the holder; and\nmay consider any other matter the scheme manager considers relevant.\nThe scheme manager must consider the application and decide—\nto change the annual review allocation day to the proposed day; or\nto refuse the application.\nThe scheme manager must make the decision within—\n20 business days after receiving the application; or\nif the scheme manager and the holder agree to a longer period for deciding the application—the longer period.\nAs soon as practicable after making the decision, the scheme manager must give the holder notice of the decision.\nIf the scheme manager decides to change the annual review allocation day, the notice under subsection (6) must state—\nthe annual review allocation day for the authority; and\nwhen the change to the annual review allocation day takes effect.\ns 41A ins 2024 No. 33 s 109\n(sec.41A-ssec.1) The holder of an authority may apply to the scheme manager to change the annual review allocation day for the authority to another day (the proposed day ).\n(sec.41A-ssec.2) The application must state— the proposed day; and the reasons for the proposed change.\n(sec.41A-ssec.3) In deciding the application, the scheme manager— must consider— the effect the proposed day will have on the operation of the scheme; and any administrative efficiencies the proposed day may achieve for the holder; and may consider any other matter the scheme manager considers relevant.\n(sec.41A-ssec.4) The scheme manager must consider the application and decide— to change the annual review allocation day to the proposed day; or to refuse the application.\n(sec.41A-ssec.5) The scheme manager must make the decision within— 20 business days after receiving the application; or if the scheme manager and the holder agree to a longer period for deciding the application—the longer period.\n(sec.41A-ssec.6) As soon as practicable after making the decision, the scheme manager must give the holder notice of the decision.\n(sec.41A-ssec.7) If the scheme manager decides to change the annual review allocation day, the notice under subsection (6) must state— the annual review allocation day for the authority; and when the change to the annual review allocation day takes effect.\n- (a) the proposed day; and\n- (b) the reasons for the proposed change.\n- (a) must consider— (i) the effect the proposed day will have on the operation of the scheme; and (ii) any administrative efficiencies the proposed day may achieve for the holder; and\n- (i) the effect the proposed day will have on the operation of the scheme; and\n- (ii) any administrative efficiencies the proposed day may achieve for the holder; and\n- (b) may consider any other matter the scheme manager considers relevant.\n- (i) the effect the proposed day will have on the operation of the scheme; and\n- (ii) any administrative efficiencies the proposed day may achieve for the holder; and\n- (a) to change the annual review allocation day to the proposed day; or\n- (b) to refuse the application.\n- (a) 20 business days after receiving the application; or\n- (b) if the scheme manager and the holder agree to a longer period for deciding the application—the longer period.\n- (a) the annual review allocation day for the authority; and\n- (b) when the change to the annual review allocation day takes effect.","sortOrder":54},{"sectionNumber":"sec.41B","sectionType":"section","heading":"Scheme manager may change annual review allocation day on own initiative","content":"### sec.41B Scheme manager may change annual review allocation day on own initiative\n\nThe scheme manager may decide, on the scheme manager’s own initiative, to change the annual review allocation day for an authority to another day (the new day ).\nThe scheme manager must, before deciding to change the annual review allocation day to the new day, give the holder of the authority a notice (a notice of indicative decision ) stating—\nthe new day; and\nthe reasons for the proposed change; and\nthat the holder may, within 20 business days after the notice of indicative decision is given—\nmake submissions to the scheme manager about a matter mentioned in paragraph (a) or (b) ; or\ngive the scheme manager notice that the holder accepts the new day as the annual review allocation day for the authority.\nThe scheme manager may extend the period mentioned in subsection (2) (c) by notice given to the holder.\nIn deciding whether to change the annual review allocation day to the new day, the scheme manager—\nmust consider—\nthe effect the new day will have on the operation of the scheme; and\nany administrative efficiencies the new day may achieve for the holder; and\nmay consider any other matter the scheme manager considers relevant.\nAfter considering any submissions made under subsection (2) , the scheme manager must decide—\nto change the annual review allocation day to the new day; or\nto change the annual review allocation day to another day agreed between the scheme manager and the holder; or\nnot to change the annual review allocation day.\nThe scheme manager must make the decision—\nif the holder gives the scheme manager a notice under subsection (2) that the holder accepts the new day—within 5 business days after the scheme manager receives the notice; or\nif the holder does not make submissions under subsection (2) —within 5 business days after the period in which the holder was permitted to make submissions ends; or\nif the holder makes submissions under subsection (2) —within 20 business days after the scheme manager receives the submissions.\nAs soon as practicable after making the decision, the scheme manager must give the holder notice of the decision.\nIf the scheme manager decides to change the annual review allocation day, the notice under subsection (7) must state—\nthe annual review allocation day for the authority; and\nwhen the change to the annual review allocation day takes effect.\ns 41B ins 2024 No. 33 s 109\n(sec.41B-ssec.1) The scheme manager may decide, on the scheme manager’s own initiative, to change the annual review allocation day for an authority to another day (the new day ).\n(sec.41B-ssec.2) The scheme manager must, before deciding to change the annual review allocation day to the new day, give the holder of the authority a notice (a notice of indicative decision ) stating— the new day; and the reasons for the proposed change; and that the holder may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) or (b) ; or give the scheme manager notice that the holder accepts the new day as the annual review allocation day for the authority.\n(sec.41B-ssec.3) The scheme manager may extend the period mentioned in subsection (2) (c) by notice given to the holder.\n(sec.41B-ssec.4) In deciding whether to change the annual review allocation day to the new day, the scheme manager— must consider— the effect the new day will have on the operation of the scheme; and any administrative efficiencies the new day may achieve for the holder; and may consider any other matter the scheme manager considers relevant.\n(sec.41B-ssec.5) After considering any submissions made under subsection (2) , the scheme manager must decide— to change the annual review allocation day to the new day; or to change the annual review allocation day to another day agreed between the scheme manager and the holder; or not to change the annual review allocation day.\n(sec.41B-ssec.6) The scheme manager must make the decision— if the holder gives the scheme manager a notice under subsection (2) that the holder accepts the new day—within 5 business days after the scheme manager receives the notice; or if the holder does not make submissions under subsection (2) —within 5 business days after the period in which the holder was permitted to make submissions ends; or if the holder makes submissions under subsection (2) —within 20 business days after the scheme manager receives the submissions.\n(sec.41B-ssec.7) As soon as practicable after making the decision, the scheme manager must give the holder notice of the decision.\n(sec.41B-ssec.8) If the scheme manager decides to change the annual review allocation day, the notice under subsection (7) must state— the annual review allocation day for the authority; and when the change to the annual review allocation day takes effect.\n- (a) the new day; and\n- (b) the reasons for the proposed change; and\n- (c) that the holder may, within 20 business days after the notice of indicative decision is given— (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) or (b) ; or (ii) give the scheme manager notice that the holder accepts the new day as the annual review allocation day for the authority.\n- (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) or (b) ; or\n- (ii) give the scheme manager notice that the holder accepts the new day as the annual review allocation day for the authority.\n- (i) make submissions to the scheme manager about a matter mentioned in paragraph (a) or (b) ; or\n- (ii) give the scheme manager notice that the holder accepts the new day as the annual review allocation day for the authority.\n- (a) must consider— (i) the effect the new day will have on the operation of the scheme; and (ii) any administrative efficiencies the new day may achieve for the holder; and\n- (i) the effect the new day will have on the operation of the scheme; and\n- (ii) any administrative efficiencies the new day may achieve for the holder; and\n- (b) may consider any other matter the scheme manager considers relevant.\n- (i) the effect the new day will have on the operation of the scheme; and\n- (ii) any administrative efficiencies the new day may achieve for the holder; and\n- (a) to change the annual review allocation day to the new day; or\n- (b) to change the annual review allocation day to another day agreed between the scheme manager and the holder; or\n- (c) not to change the annual review allocation day.\n- (a) if the holder gives the scheme manager a notice under subsection (2) that the holder accepts the new day—within 5 business days after the scheme manager receives the notice; or\n- (b) if the holder does not make submissions under subsection (2) —within 5 business days after the period in which the holder was permitted to make submissions ends; or\n- (c) if the holder makes submissions under subsection (2) —within 20 business days after the scheme manager receives the submissions.\n- (a) the annual review allocation day for the authority; and\n- (b) when the change to the annual review allocation day takes effect.","sortOrder":55},{"sectionNumber":"sec.41C","sectionType":"section","heading":"When change to annual review allocation day takes effect","content":"### sec.41C When change to annual review allocation day takes effect\n\nA change to the annual review allocation day for an authority takes effect on the day stated in the notice given under section 41A (6) or 41B (7) for the authority.\ns 41C ins 2024 No. 33 s 109","sortOrder":56},{"sectionNumber":"sec.41D","sectionType":"section","heading":"Change to annual review allocation day in relation to changed holder event","content":"### sec.41D Change to annual review allocation day in relation to changed holder event\n\nThis section applies if—\na changed holder event happens or is proposed in relation to an authority; and\nthe scheme manager is reviewing or deciding, under section 32 , the risk category allocation to which the authority is allocated.\nSections 41A and 41B apply in relation to the changed holder as if a reference in the sections to the holder of an authority were a reference to the changed holder for the authority.\nHowever, a change to the annual review allocation day must not take effect before the changed holder allocation takes effect under section 37 .\ns 41D ins 2024 No. 33 s 109\n(sec.41D-ssec.1) This section applies if— a changed holder event happens or is proposed in relation to an authority; and the scheme manager is reviewing or deciding, under section 32 , the risk category allocation to which the authority is allocated.\n(sec.41D-ssec.2) Sections 41A and 41B apply in relation to the changed holder as if a reference in the sections to the holder of an authority were a reference to the changed holder for the authority.\n(sec.41D-ssec.3) However, a change to the annual review allocation day must not take effect before the changed holder allocation takes effect under section 37 .\n- (a) a changed holder event happens or is proposed in relation to an authority; and\n- (b) the scheme manager is reviewing or deciding, under section 32 , the risk category allocation to which the authority is allocated.","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"Holder must give scheme manager notice if changed holder","content":"### sec.42 Holder must give scheme manager notice if changed holder\n\nIf the estimated rehabilitation cost for an authority is equal to or more than $100,000, the holder of the authority must give the scheme manager a notice under this section if a changed holder event happens in relation to the authority.\nMaximum penalty—100 penalty units.\nThe notice must—\nstate the details of the changed holder event; and\ninclude the other information prescribed by regulation.\nThe notice must be given within 10 business days after—\nfor a changed holder event of a type mentioned in section 31A (1) (a) —the application for approval of the prescribed dealing is made; or\nfor a changed holder event of a type mentioned in section 31A (1) (b) —the notice of the notifiable dealing is given; or\nfor a changed holder event of a type mentioned in section 31A (1) (c) or (d) —the event happens.\nIf a notice under subsection (1) relates to a changed holder event of a type mentioned in section 31A (1) (c) or (d) , the scheme manager must give the chief executive (resources) a copy of the notice within 10 business days after the scheme manager receives the notice.\ns 42 sub 2020 No. 14 s 102\namd 2024 No. 33 s 110\n(sec.42-ssec.1) If the estimated rehabilitation cost for an authority is equal to or more than $100,000, the holder of the authority must give the scheme manager a notice under this section if a changed holder event happens in relation to the authority. Maximum penalty—100 penalty units.\n(sec.42-ssec.2) The notice must— state the details of the changed holder event; and include the other information prescribed by regulation.\n(sec.42-ssec.3) The notice must be given within 10 business days after— for a changed holder event of a type mentioned in section 31A (1) (a) —the application for approval of the prescribed dealing is made; or for a changed holder event of a type mentioned in section 31A (1) (b) —the notice of the notifiable dealing is given; or for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —the event happens.\n(sec.42-ssec.4) If a notice under subsection (1) relates to a changed holder event of a type mentioned in section 31A (1) (c) or (d) , the scheme manager must give the chief executive (resources) a copy of the notice within 10 business days after the scheme manager receives the notice.\n- (a) state the details of the changed holder event; and\n- (b) include the other information prescribed by regulation.\n- (a) for a changed holder event of a type mentioned in section 31A (1) (a) —the application for approval of the prescribed dealing is made; or\n- (b) for a changed holder event of a type mentioned in section 31A (1) (b) —the notice of the notifiable dealing is given; or\n- (c) for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —the event happens.","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":"Holder must give scheme manager notice if cessation in production","content":"### sec.43 Holder must give scheme manager notice if cessation in production\n\nThis section applies to an authority if the resource activity for which the authority is given is authorised under any of the following resource authorities—\na mining lease or mining development licence under the Mineral Resources Act 1989 ;\nan authority to prospect or petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 ;\na geothermal production lease under the Geothermal Energy Act 2010 .\nThe holder of the authority must give the scheme manager a notice under this section if, after the start of production under the resource authority—\nthe holder ceases production under the resource authority and does not expect production to restart within 6 months after the cessation; or\nproduction has not been carried out under the resource authority for 6 months.\nMaximum penalty—100 penalty units.\nThe notice must—\nstate the details of the matter mentioned in subsection (2) ; and\ninclude the other information prescribed by regulation.\nThe notice must be given within 10 business days after —\nfor the matter mentioned in subsection (2) (a) —the holder ceases production; or\nfor the matter mentioned in subsection (2) (b) —the end of the 6 month period mentioned in that subsection.\nIn this section—\nproduction means—\nfor a resource authority mentioned in subsection (1) (a) —an activity mentioned in the Mineral Resources Act 1989 , section 6A (1) (a) or (b) ; or\nfor a resource authority mentioned in subsection (1) (b) —an activity mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 15 ; or\nfor a resource authority mentioned in subsection (1) (c) —an activity mentioned in the Geothermal Energy Act 2010 , section 14 .\n(sec.43-ssec.1) This section applies to an authority if the resource activity for which the authority is given is authorised under any of the following resource authorities— a mining lease or mining development licence under the Mineral Resources Act 1989 ; an authority to prospect or petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 ; a geothermal production lease under the Geothermal Energy Act 2010 .\n(sec.43-ssec.2) The holder of the authority must give the scheme manager a notice under this section if, after the start of production under the resource authority— the holder ceases production under the resource authority and does not expect production to restart within 6 months after the cessation; or production has not been carried out under the resource authority for 6 months. Maximum penalty—100 penalty units.\n(sec.43-ssec.3) The notice must— state the details of the matter mentioned in subsection (2) ; and include the other information prescribed by regulation.\n(sec.43-ssec.4) The notice must be given within 10 business days after — for the matter mentioned in subsection (2) (a) —the holder ceases production; or for the matter mentioned in subsection (2) (b) —the end of the 6 month period mentioned in that subsection.\n(sec.43-ssec.5) In this section— production means— for a resource authority mentioned in subsection (1) (a) —an activity mentioned in the Mineral Resources Act 1989 , section 6A (1) (a) or (b) ; or for a resource authority mentioned in subsection (1) (b) —an activity mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 15 ; or for a resource authority mentioned in subsection (1) (c) —an activity mentioned in the Geothermal Energy Act 2010 , section 14 .\n- (a) a mining lease or mining development licence under the Mineral Resources Act 1989 ;\n- (b) an authority to prospect or petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 ;\n- (c) a geothermal production lease under the Geothermal Energy Act 2010 .\n- (a) the holder ceases production under the resource authority and does not expect production to restart within 6 months after the cessation; or\n- (b) production has not been carried out under the resource authority for 6 months.\n- (a) state the details of the matter mentioned in subsection (2) ; and\n- (b) include the other information prescribed by regulation.\n- (a) for the matter mentioned in subsection (2) (a) —the holder ceases production; or\n- (b) for the matter mentioned in subsection (2) (b) —the end of the 6 month period mentioned in that subsection.\n- (a) for a resource authority mentioned in subsection (1) (a) —an activity mentioned in the Mineral Resources Act 1989 , section 6A (1) (a) or (b) ; or\n- (b) for a resource authority mentioned in subsection (1) (b) —an activity mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 15 ; or\n- (c) for a resource authority mentioned in subsection (1) (c) —an activity mentioned in the Geothermal Energy Act 2010 , section 14 .","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":"Scheme manager may require further information from holder before allocation decision","content":"### sec.44 Scheme manager may require further information from holder before allocation decision\n\nThe scheme manager may, before making an allocation decision for an authority, require the holder of the authority to give the scheme manager further information or a document the scheme manager reasonably requires to make the decision.\nFor an initial allocation decision, the scheme manager may exercise the power mentioned in subsection (1) at any time after the holder has applied for an ERC decision under the Environmental Protection Act 1994 , section 298 in relation to the authority.\nThe requirement must—\nbe made by notice given to the holder; and\nstate a reasonable period of at least 10 business days within which the holder must comply with the requirement.\nThe scheme manager may extend the period mentioned in subsection (3) (b) by notice given to the holder.\nThe holder of the authority must, unless the holder has a reasonable excuse, comply with the requirement.\nMaximum penalty—100 penalty units.\nIf the holder of the authority does not comply with the requirement, the scheme manager may make the decision without the further information or document.\n(sec.44-ssec.1) The scheme manager may, before making an allocation decision for an authority, require the holder of the authority to give the scheme manager further information or a document the scheme manager reasonably requires to make the decision.\n(sec.44-ssec.2) For an initial allocation decision, the scheme manager may exercise the power mentioned in subsection (1) at any time after the holder has applied for an ERC decision under the Environmental Protection Act 1994 , section 298 in relation to the authority.\n(sec.44-ssec.3) The requirement must— be made by notice given to the holder; and state a reasonable period of at least 10 business days within which the holder must comply with the requirement.\n(sec.44-ssec.4) The scheme manager may extend the period mentioned in subsection (3) (b) by notice given to the holder.\n(sec.44-ssec.5) The holder of the authority must, unless the holder has a reasonable excuse, comply with the requirement. Maximum penalty—100 penalty units.\n(sec.44-ssec.6) If the holder of the authority does not comply with the requirement, the scheme manager may make the decision without the further information or document.\n- (a) be made by notice given to the holder; and\n- (b) state a reasonable period of at least 10 business days within which the holder must comply with the requirement.","sortOrder":60},{"sectionNumber":"sec.45","sectionType":"section","heading":"Scheme manager may require further information from interested entity before changed holder allocation","content":"### sec.45 Scheme manager may require further information from interested entity before changed holder allocation\n\nThe scheme manager may, before making a changed holder allocation for an authority, require an interested entity for the authority to give the scheme manager further information or a document the scheme manager reasonably requires to make the decision.\nThe requirement must—\nbe made by notice given to the interested entity; and\nstate a reasonable period of at least 10 business days within which the interested entity must comply with the requirement.\nThe scheme manager may extend the period mentioned in subsection (2) (b) by notice given to the interested entity.\nThe interested entity must, unless the interested entity has a reasonable excuse, comply with the requirement.\nMaximum penalty—100 penalty units.\nIf the interested entity does not comply with the requirement, the scheme manager may make the decision without the further information or document.\ns 45 amd 2024 No. 33 s 183 s ch 1 pt 2\n(sec.45-ssec.1) The scheme manager may, before making a changed holder allocation for an authority, require an interested entity for the authority to give the scheme manager further information or a document the scheme manager reasonably requires to make the decision.\n(sec.45-ssec.2) The requirement must— be made by notice given to the interested entity; and state a reasonable period of at least 10 business days within which the interested entity must comply with the requirement.\n(sec.45-ssec.3) The scheme manager may extend the period mentioned in subsection (2) (b) by notice given to the interested entity.\n(sec.45-ssec.4) The interested entity must, unless the interested entity has a reasonable excuse, comply with the requirement. Maximum penalty—100 penalty units.\n(sec.45-ssec.5) If the interested entity does not comply with the requirement, the scheme manager may make the decision without the further information or document.\n- (a) be made by notice given to the interested entity; and\n- (b) state a reasonable period of at least 10 business days within which the interested entity must comply with the requirement.","sortOrder":61},{"sectionNumber":"pt.3-div.1A","sectionType":"division","heading":"Election for risk category allocation","content":"## Election for risk category allocation","sortOrder":62},{"sectionNumber":"sec.45A","sectionType":"section","heading":"Definitions for division","content":"### sec.45A Definitions for division\n\nIn this division—\napplicable holder , of an authority, means—\nif section 45B (1) or (2) applies in relation to the authority—the holder of the authority; or\nif section 45B (3) applies in relation to the authority—the changed holder of the authority.\nelection period , in relation to an authority, means the period—\nstarting on the day the applicable holder is given a notice under section 45C in relation to the authority; and\nending on the earlier of the following—\n20 business days after the applicable holder is given the notice under section 45C ;\nif the applicable holder gives a notice under section 45D (2) in relation to the authority—the day the notice is given.\ns 45A ins 2024 No. 33 s 111\n- (a) if section 45B (1) or (2) applies in relation to the authority—the holder of the authority; or\n- (b) if section 45B (3) applies in relation to the authority—the changed holder of the authority.\n- (a) starting on the day the applicable holder is given a notice under section 45C in relation to the authority; and\n- (b) ending on the earlier of the following— (i) 20 business days after the applicable holder is given the notice under section 45C ; (ii) if the applicable holder gives a notice under section 45D (2) in relation to the authority—the day the notice is given.\n- (i) 20 business days after the applicable holder is given the notice under section 45C ;\n- (ii) if the applicable holder gives a notice under section 45D (2) in relation to the authority—the day the notice is given.\n- (i) 20 business days after the applicable holder is given the notice under section 45C ;\n- (ii) if the applicable holder gives a notice under section 45D (2) in relation to the authority—the day the notice is given.","sortOrder":63},{"sectionNumber":"sec.45B","sectionType":"section","heading":"Application of division","content":"### sec.45B Application of division\n\nThis division applies if—\nthe administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and\nthe estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\nthe decision is the first decision in relation to the authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount; and\nimmediately before the decision is made, the authority is not subject to risk category allocation under division 1 ; and\nthe holder of the authority is also the holder of an authority—\nfor which the estimated rehabilitation cost is equal to or more than $100,000; and\nthat is allocated to a risk category other than high.\nAlso, this division applies if—\nthe administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and\nthe estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\nimmediately before the decision is made—\nthe estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and\nthe authority is allocated to a risk category other than high; and\nthe holder of the authority is also the holder of an authority—\nfor which the estimated rehabilitation cost is equal to or more than $100,000; and\nthat is allocated to a risk category other than high.\nFurther, this division applies if—\nthe estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\na changed holder event happens in relation to the authority; and\nthe changed holder is also the holder of an authority—\nfor which the estimated rehabilitation cost is equal to or more than $100,000; and\nthat is allocated to a risk category other than high.\nA reference in subsection (1) (c) to a decision of the administering authority includes a decision made before the commencement.\ns 45B ins 2024 No. 33 s 111\n(sec.45B-ssec.1) This division applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and the decision is the first decision in relation to the authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount; and immediately before the decision is made, the authority is not subject to risk category allocation under division 1 ; and the holder of the authority is also the holder of an authority— for which the estimated rehabilitation cost is equal to or more than $100,000; and that is allocated to a risk category other than high.\n(sec.45B-ssec.2) Also, this division applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and immediately before the decision is made— the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and the authority is allocated to a risk category other than high; and the holder of the authority is also the holder of an authority— for which the estimated rehabilitation cost is equal to or more than $100,000; and that is allocated to a risk category other than high.\n(sec.45B-ssec.3) Further, this division applies if— the estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and a changed holder event happens in relation to the authority; and the changed holder is also the holder of an authority— for which the estimated rehabilitation cost is equal to or more than $100,000; and that is allocated to a risk category other than high.\n(sec.45B-ssec.4) A reference in subsection (1) (c) to a decision of the administering authority includes a decision made before the commencement.\n- (a) the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and\n- (b) the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\n- (c) the decision is the first decision in relation to the authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount; and\n- (d) immediately before the decision is made, the authority is not subject to risk category allocation under division 1 ; and\n- (e) the holder of the authority is also the holder of an authority— (i) for which the estimated rehabilitation cost is equal to or more than $100,000; and (ii) that is allocated to a risk category other than high.\n- (i) for which the estimated rehabilitation cost is equal to or more than $100,000; and\n- (ii) that is allocated to a risk category other than high.\n- (i) for which the estimated rehabilitation cost is equal to or more than $100,000; and\n- (ii) that is allocated to a risk category other than high.\n- (a) the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and\n- (b) the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\n- (c) immediately before the decision is made— (i) the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and (ii) the authority is allocated to a risk category other than high; and\n- (i) the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and\n- (ii) the authority is allocated to a risk category other than high; and\n- (d) the holder of the authority is also the holder of an authority— (i) for which the estimated rehabilitation cost is equal to or more than $100,000; and (ii) that is allocated to a risk category other than high.\n- (i) for which the estimated rehabilitation cost is equal to or more than $100,000; and\n- (ii) that is allocated to a risk category other than high.\n- (i) the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and\n- (ii) the authority is allocated to a risk category other than high; and\n- (i) for which the estimated rehabilitation cost is equal to or more than $100,000; and\n- (ii) that is allocated to a risk category other than high.\n- (a) the estimated rehabilitation cost for an authority is equal to or more than $100,000 but less than the prescribed ERC amount; and\n- (b) a changed holder event happens in relation to the authority; and\n- (c) the changed holder is also the holder of an authority— (i) for which the estimated rehabilitation cost is equal to or more than $100,000; and (ii) that is allocated to a risk category other than high.\n- (i) for which the estimated rehabilitation cost is equal to or more than $100,000; and\n- (ii) that is allocated to a risk category other than high.\n- (i) for which the estimated rehabilitation cost is equal to or more than $100,000; and\n- (ii) that is allocated to a risk category other than high.","sortOrder":64},{"sectionNumber":"sec.45C","sectionType":"section","heading":"Scheme manager must give notice about election","content":"### sec.45C Scheme manager must give notice about election\n\nThe scheme manager must give the applicable holder of the authority a notice stating the applicable holder may elect for the authority to be subject to risk category allocation under division 1 within the election period.\nThe scheme manager must give the applicable holder the notice—\nif section 45B (1) or (2) applies in relation to the authority—within 10 business days after the scheme manager receives notice of the administering authority’s decision in relation to the authority under the Environmental Protection Act 1994 , section 301 ; or\nif section 45B (3) applies in relation to the authority—within 10 business days after the scheme manager receives a notice under section 42 in relation to the changed holder event.\ns 45C ins 2024 No. 33 s 111\n(sec.45C-ssec.1) The scheme manager must give the applicable holder of the authority a notice stating the applicable holder may elect for the authority to be subject to risk category allocation under division 1 within the election period.\n(sec.45C-ssec.2) The scheme manager must give the applicable holder the notice— if section 45B (1) or (2) applies in relation to the authority—within 10 business days after the scheme manager receives notice of the administering authority’s decision in relation to the authority under the Environmental Protection Act 1994 , section 301 ; or if section 45B (3) applies in relation to the authority—within 10 business days after the scheme manager receives a notice under section 42 in relation to the changed holder event.\n- (a) if section 45B (1) or (2) applies in relation to the authority—within 10 business days after the scheme manager receives notice of the administering authority’s decision in relation to the authority under the Environmental Protection Act 1994 , section 301 ; or\n- (b) if section 45B (3) applies in relation to the authority—within 10 business days after the scheme manager receives a notice under section 42 in relation to the changed holder event.","sortOrder":65},{"sectionNumber":"sec.45D","sectionType":"section","heading":"Applicable holder may elect for authority to be subject to risk category allocation","content":"### sec.45D Applicable holder may elect for authority to be subject to risk category allocation\n\nThe applicable holder may elect for the authority to be subject to risk category allocation under division 1 by giving the scheme manager notice of the election within the election period.\nIf the applicable holder decides not to make the election, the applicable holder may give the scheme manager notice of the applicable holder’s decision within the election period.\ns 45D ins 2024 No. 33 s 111\n(sec.45D-ssec.1) The applicable holder may elect for the authority to be subject to risk category allocation under division 1 by giving the scheme manager notice of the election within the election period.\n(sec.45D-ssec.2) If the applicable holder decides not to make the election, the applicable holder may give the scheme manager notice of the applicable holder’s decision within the election period.","sortOrder":66},{"sectionNumber":"sec.45E","sectionType":"section","heading":"Scheme manager to give election notice","content":"### sec.45E Scheme manager to give election notice\n\nIf the applicable holder gives the scheme manager a notice under section 45D (1) within the election period, the scheme manager must give the applicable holder a notice (an election notice ) stating—\nthe day the notice is given; and\nthe authority to which the notice relates; and\nthat the authority is subject to risk category allocation under division 1 .\ns 45E ins 2024 No. 33 s 111\n- (a) the day the notice is given; and\n- (b) the authority to which the notice relates; and\n- (c) that the authority is subject to risk category allocation under division 1 .","sortOrder":67},{"sectionNumber":"sec.45F","sectionType":"section","heading":"Period of election notice","content":"### sec.45F Period of election notice\n\nAn election notice for the authority has effect from the day the election notice is given to the applicable holder.\nAn election notice for the authority stops having effect if—\nthe estimated rehabilitation cost for the authority is—\nless than $100,000; or\nequal to or more than the prescribed ERC amount; or\nthe scheme manager makes an allocation decision for the authority that allocates the authority to a risk category of high; or\nthe authority is surrendered under the Environmental Protection Act 1994 , chapter 5 ; or\nfor an applicable holder mentioned in section 45A , definition applicable holder , paragraph (a) —a changed holder event happens that has the effect of another holder of the authority being liable to pay a contribution, or give a surety, under this part; or\nfor an applicable holder mentioned in section 45A , definition applicable holder , paragraph (b) if a changed holder event of a type mentioned in section 31A (1) (a) happened—the prescribed dealing is not approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister.\ns 45F ins 2024 No. 33 s 111\n(sec.45F-ssec.1) An election notice for the authority has effect from the day the election notice is given to the applicable holder.\n(sec.45F-ssec.2) An election notice for the authority stops having effect if— the estimated rehabilitation cost for the authority is— less than $100,000; or equal to or more than the prescribed ERC amount; or the scheme manager makes an allocation decision for the authority that allocates the authority to a risk category of high; or the authority is surrendered under the Environmental Protection Act 1994 , chapter 5 ; or for an applicable holder mentioned in section 45A , definition applicable holder , paragraph (a) —a changed holder event happens that has the effect of another holder of the authority being liable to pay a contribution, or give a surety, under this part; or for an applicable holder mentioned in section 45A , definition applicable holder , paragraph (b) if a changed holder event of a type mentioned in section 31A (1) (a) happened—the prescribed dealing is not approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister.\n- (a) the estimated rehabilitation cost for the authority is— (i) less than $100,000; or (ii) equal to or more than the prescribed ERC amount; or\n- (i) less than $100,000; or\n- (ii) equal to or more than the prescribed ERC amount; or\n- (b) the scheme manager makes an allocation decision for the authority that allocates the authority to a risk category of high; or\n- (c) the authority is surrendered under the Environmental Protection Act 1994 , chapter 5 ; or\n- (d) for an applicable holder mentioned in section 45A , definition applicable holder , paragraph (a) —a changed holder event happens that has the effect of another holder of the authority being liable to pay a contribution, or give a surety, under this part; or\n- (e) for an applicable holder mentioned in section 45A , definition applicable holder , paragraph (b) if a changed holder event of a type mentioned in section 31A (1) (a) happened—the prescribed dealing is not approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister.\n- (i) less than $100,000; or\n- (ii) equal to or more than the prescribed ERC amount; or","sortOrder":68},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Liability under scheme","content":"## Liability under scheme","sortOrder":69},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application of subdivision","content":"### sec.46 Application of subdivision\n\nThis subdivision applies if—\nboth of the following apply—\nthe scheme manager makes an allocation decision for an authority that allocates the authority to 1 of the following risk categories—\nvery low;\nlow;\nmoderate;\nmoderate-high;\nthe scheme manager does not decide, under section 53 (c) (ii) , that the holder of the authority must give a surety rather than pay a contribution; or\nall of the following apply—\nthe scheme manager makes an annual review decision for an authority that allocates the authority to the risk category of high;\nthe previous annual review decision for the authority, made within 21 months before the decision mentioned in subparagraph (i) , allocated the authority to 1 of the following risk categories—\nvery low;\nlow;\nmoderate;\nmoderate-high;\nthe scheme manager is satisfied when the scheme manager makes the annual review decision mentioned in subparagraph (i) that the holder is not reasonably able to give a surety for the authority within 12 months after the decision is made;\nthe scheme manager is satisfied when the scheme manager makes the annual review decision mentioned in subparagraph (i) that the scheme manager is unlikely to be asked under section 64 to make a payment from the scheme fund in relation to the authority.\ns 46 amd 2024 No. 33 s 112\n- (a) both of the following apply— (i) the scheme manager makes an allocation decision for an authority that allocates the authority to 1 of the following risk categories— (A) very low; (B) low; (C) moderate; (D) moderate-high; (ii) the scheme manager does not decide, under section 53 (c) (ii) , that the holder of the authority must give a surety rather than pay a contribution; or\n- (i) the scheme manager makes an allocation decision for an authority that allocates the authority to 1 of the following risk categories— (A) very low; (B) low; (C) moderate; (D) moderate-high;\n- (A) very low;\n- (B) low;\n- (C) moderate;\n- (D) moderate-high;\n- (ii) the scheme manager does not decide, under section 53 (c) (ii) , that the holder of the authority must give a surety rather than pay a contribution; or\n- (b) all of the following apply— (i) the scheme manager makes an annual review decision for an authority that allocates the authority to the risk category of high; (ii) the previous annual review decision for the authority, made within 21 months before the decision mentioned in subparagraph (i) , allocated the authority to 1 of the following risk categories— (A) very low; (B) low; (C) moderate; (D) moderate-high; (iii) the scheme manager is satisfied when the scheme manager makes the annual review decision mentioned in subparagraph (i) that the holder is not reasonably able to give a surety for the authority within 12 months after the decision is made; (iv) the scheme manager is satisfied when the scheme manager makes the annual review decision mentioned in subparagraph (i) that the scheme manager is unlikely to be asked under section 64 to make a payment from the scheme fund in relation to the authority.\n- (i) the scheme manager makes an annual review decision for an authority that allocates the authority to the risk category of high;\n- (ii) the previous annual review decision for the authority, made within 21 months before the decision mentioned in subparagraph (i) , allocated the authority to 1 of the following risk categories— (A) very low; (B) low; (C) moderate; (D) moderate-high;\n- (A) very low;\n- (B) low;\n- (C) moderate;\n- (D) moderate-high;\n- (iii) the scheme manager is satisfied when the scheme manager makes the annual review decision mentioned in subparagraph (i) that the holder is not reasonably able to give a surety for the authority within 12 months after the decision is made;\n- (iv) the scheme manager is satisfied when the scheme manager makes the annual review decision mentioned in subparagraph (i) that the scheme manager is unlikely to be asked under section 64 to make a payment from the scheme fund in relation to the authority.\n- (i) the scheme manager makes an allocation decision for an authority that allocates the authority to 1 of the following risk categories— (A) very low; (B) low; (C) moderate; (D) moderate-high;\n- (A) very low;\n- (B) low;\n- (C) moderate;\n- (D) moderate-high;\n- (ii) the scheme manager does not decide, under section 53 (c) (ii) , that the holder of the authority must give a surety rather than pay a contribution; or\n- (A) very low;\n- (B) low;\n- (C) moderate;\n- (D) moderate-high;\n- (i) the scheme manager makes an annual review decision for an authority that allocates the authority to the risk category of high;\n- (ii) the previous annual review decision for the authority, made within 21 months before the decision mentioned in subparagraph (i) , allocated the authority to 1 of the following risk categories— (A) very low; (B) low; (C) moderate; (D) moderate-high;\n- (A) very low;\n- (B) low;\n- (C) moderate;\n- (D) moderate-high;\n- (iii) the scheme manager is satisfied when the scheme manager makes the annual review decision mentioned in subparagraph (i) that the holder is not reasonably able to give a surety for the authority within 12 months after the decision is made;\n- (iv) the scheme manager is satisfied when the scheme manager makes the annual review decision mentioned in subparagraph (i) that the scheme manager is unlikely to be asked under section 64 to make a payment from the scheme fund in relation to the authority.\n- (A) very low;\n- (B) low;\n- (C) moderate;\n- (D) moderate-high;","sortOrder":70},{"sectionNumber":"sec.47","sectionType":"section","heading":"Holder must pay contribution to scheme fund","content":"### sec.47 Holder must pay contribution to scheme fund\n\nThe holder of the authority must pay a contribution to the scheme fund within 30 business days after—\nfor an initial allocation decision—the initial allocation day for the authority; or\nfor a changed holder allocation—the day the decision takes effect under section 37 ; or\nfor an annual review decision—the annual review day for the authority.\nThe holder of the authority must not carry out, or allow the carrying out of, a resource activity under the authority unless the holder has paid the contribution—see the Environmental Protection Act 1994 , section 297 .\nThe contribution payable must be worked out using the formula—\nwhere—\nA is the estimated rehabilitation cost for the authority at the beginning of the day that is the current review day.\nB is the prescribed percentage for the authority.\nC is the amount of the contribution.\nD is the number of days between the current review day and—\nfor an initial allocation decision—the annual review allocation day occurring more than 9 months after the current review day; or\nfor a changed holder allocation—\nif a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\notherwise—the annual review allocation day occurring more than 9 months after the current review day; or\nfor an annual review decision—\nif a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\notherwise—the next annual review allocation day occurring more than 9 months after the current review day.\nFor the Mineral and Energy Resources (Common Provisions) Act 2014 , section 21 , the holder mentioned in subsection (1) is the entity mentioned in section 21 (2) of that Act.\ns 47 amd 2020 No. 14 s 218 sch 1 ; 2024 No. 33 s 113\n(sec.47-ssec.1) The holder of the authority must pay a contribution to the scheme fund within 30 business days after— for an initial allocation decision—the initial allocation day for the authority; or for a changed holder allocation—the day the decision takes effect under section 37 ; or for an annual review decision—the annual review day for the authority. The holder of the authority must not carry out, or allow the carrying out of, a resource activity under the authority unless the holder has paid the contribution—see the Environmental Protection Act 1994 , section 297 .\n(sec.47-ssec.2) The contribution payable must be worked out using the formula— where— A is the estimated rehabilitation cost for the authority at the beginning of the day that is the current review day. B is the prescribed percentage for the authority. C is the amount of the contribution. D is the number of days between the current review day and— for an initial allocation decision—the annual review allocation day occurring more than 9 months after the current review day; or for a changed holder allocation— if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or otherwise—the annual review allocation day occurring more than 9 months after the current review day; or for an annual review decision— if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or otherwise—the next annual review allocation day occurring more than 9 months after the current review day.\n(sec.47-ssec.3) For the Mineral and Energy Resources (Common Provisions) Act 2014 , section 21 , the holder mentioned in subsection (1) is the entity mentioned in section 21 (2) of that Act.\n- (a) for an initial allocation decision—the initial allocation day for the authority; or\n- (b) for a changed holder allocation—the day the decision takes effect under section 37 ; or\n- (c) for an annual review decision—the annual review day for the authority.\n- (a) for an initial allocation decision—the annual review allocation day occurring more than 9 months after the current review day; or\n- (b) for a changed holder allocation— (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or (ii) otherwise—the annual review allocation day occurring more than 9 months after the current review day; or\n- (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\n- (ii) otherwise—the annual review allocation day occurring more than 9 months after the current review day; or\n- (c) for an annual review decision— (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or (ii) otherwise—the next annual review allocation day occurring more than 9 months after the current review day.\n- (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\n- (ii) otherwise—the next annual review allocation day occurring more than 9 months after the current review day.\n- (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\n- (ii) otherwise—the annual review allocation day occurring more than 9 months after the current review day; or\n- (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\n- (ii) otherwise—the next annual review allocation day occurring more than 9 months after the current review day.","sortOrder":71},{"sectionNumber":"sec.48","sectionType":"section","heading":"Rate of contribution if holder not able to give surety","content":"### sec.48 Rate of contribution if holder not able to give surety\n\nAn authority mentioned in section 46 (b) is taken to be allocated to the risk category of moderate-high for working out, under section 47 , the contribution payable for the authority.\ns 48 amd 2024 No. 33 s 114","sortOrder":72},{"sectionNumber":"sec.49","sectionType":"section","heading":"Holder must pay contribution and give surety if estimated rehabilitation cost more than fund threshold","content":"### sec.49 Holder must pay contribution and give surety if estimated rehabilitation cost more than fund threshold\n\nThis section applies if the estimated rehabilitation cost for the authority is more than the fund threshold applying to the authority.\nDespite section 47 (2) , the contribution payable must be worked out using the formula—\nwhere—\nA is the fund threshold applying to the authority.\nB is the prescribed percentage for the authority.\nC is the amount of the contribution.\nD is the number of days between the current review day and—\nfor an initial allocation decision—the annual review allocation day occurring more than 9 months after the current review day; or\nfor a changed holder allocation—\nif a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\notherwise—the annual review allocation day occurring more than 9 months after the current review day; or\nfor an annual review decision—\nif a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\notherwise—the next annual review allocation day occurring more than 9 months after the current review day.\nIn addition to paying the contribution worked out under subsection (2) , the holder of the authority must give a surety for the amount that equals the estimated rehabilitation cost for the authority less the fund threshold applying to the authority.\ns 49 amd 2024 No. 33 s 115\n(sec.49-ssec.1) This section applies if the estimated rehabilitation cost for the authority is more than the fund threshold applying to the authority.\n(sec.49-ssec.2) Despite section 47 (2) , the contribution payable must be worked out using the formula— where— A is the fund threshold applying to the authority. B is the prescribed percentage for the authority. C is the amount of the contribution. D is the number of days between the current review day and— for an initial allocation decision—the annual review allocation day occurring more than 9 months after the current review day; or for a changed holder allocation— if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or otherwise—the annual review allocation day occurring more than 9 months after the current review day; or for an annual review decision— if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or otherwise—the next annual review allocation day occurring more than 9 months after the current review day.\n(sec.49-ssec.3) In addition to paying the contribution worked out under subsection (2) , the holder of the authority must give a surety for the amount that equals the estimated rehabilitation cost for the authority less the fund threshold applying to the authority.\n- (a) for an initial allocation decision—the annual review allocation day occurring more than 9 months after the current review day; or\n- (b) for a changed holder allocation— (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or (ii) otherwise—the annual review allocation day occurring more than 9 months after the current review day; or\n- (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\n- (ii) otherwise—the annual review allocation day occurring more than 9 months after the current review day; or\n- (c) for an annual review decision— (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or (ii) otherwise—the next annual review allocation day occurring more than 9 months after the current review day.\n- (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\n- (ii) otherwise—the next annual review allocation day occurring more than 9 months after the current review day.\n- (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\n- (ii) otherwise—the annual review allocation day occurring more than 9 months after the current review day; or\n- (i) if a change to the annual review allocation day takes effect on the current review day—the changed annual review allocation day occurring more than 9 months after the current review day; or\n- (ii) otherwise—the next annual review allocation day occurring more than 9 months after the current review day.","sortOrder":73},{"sectionNumber":"sec.50","sectionType":"section","heading":"Refund of contribution to previous holder if changed holder allocation takes effect","content":"### sec.50 Refund of contribution to previous holder if changed holder allocation takes effect\n\nThis section applies if—\na holder of an authority (a previous holder ) pays a contribution; and\nduring the period for which the contribution is paid, the scheme manager makes a changed holder allocation that has the effect of another holder of the authority (the changed holder ) being liable to pay a contribution, or give a surety, under this part.\nThe scheme manager must, within 30 business days after the changed holder pays the contribution or gives the surety under this part, refund to the previous holder the proportion of the amount of the contribution the previous holder paid that is equal to the number of days between—\nthe day the changed holder allocation takes effect; and\nthe end of the period for which the previous holder paid the contribution.\ns 50 amd 2024 No. 33 s 116\n(sec.50-ssec.1) This section applies if— a holder of an authority (a previous holder ) pays a contribution; and during the period for which the contribution is paid, the scheme manager makes a changed holder allocation that has the effect of another holder of the authority (the changed holder ) being liable to pay a contribution, or give a surety, under this part.\n(sec.50-ssec.2) The scheme manager must, within 30 business days after the changed holder pays the contribution or gives the surety under this part, refund to the previous holder the proportion of the amount of the contribution the previous holder paid that is equal to the number of days between— the day the changed holder allocation takes effect; and the end of the period for which the previous holder paid the contribution.\n- (a) a holder of an authority (a previous holder ) pays a contribution; and\n- (b) during the period for which the contribution is paid, the scheme manager makes a changed holder allocation that has the effect of another holder of the authority (the changed holder ) being liable to pay a contribution, or give a surety, under this part.\n- (a) the day the changed holder allocation takes effect; and\n- (b) the end of the period for which the previous holder paid the contribution.","sortOrder":74},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Refund of contribution to previous holder if election notice not given to changed holder","content":"### sec.50A Refund of contribution to previous holder if election notice not given to changed holder\n\nThis section applies if—\na holder of an authority (a previous holder ) pays a contribution; and\nduring the period for which the contribution is paid, a changed holder event happens that has the effect of another holder of the authority (the changed holder ) being liable to give a surety under this part; and\nthe changed holder is liable to give the surety because the scheme manager did not give the changed holder an election notice for the authority.\nThe scheme manager must, within 30 business days after the changed holder gives the surety under this part, refund to the previous holder the proportion of the amount of the contribution the previous holder paid that is equal to the number of days between—\nthe day the changed holder’s liability takes effect under subdivision 2 ; and\nthe end of the period for which the previous holder paid the contribution.\ns 50A ins 2024 No. 33 s 117\n(sec.50A-ssec.1) This section applies if— a holder of an authority (a previous holder ) pays a contribution; and during the period for which the contribution is paid, a changed holder event happens that has the effect of another holder of the authority (the changed holder ) being liable to give a surety under this part; and the changed holder is liable to give the surety because the scheme manager did not give the changed holder an election notice for the authority.\n(sec.50A-ssec.2) The scheme manager must, within 30 business days after the changed holder gives the surety under this part, refund to the previous holder the proportion of the amount of the contribution the previous holder paid that is equal to the number of days between— the day the changed holder’s liability takes effect under subdivision 2 ; and the end of the period for which the previous holder paid the contribution.\n- (a) a holder of an authority (a previous holder ) pays a contribution; and\n- (b) during the period for which the contribution is paid, a changed holder event happens that has the effect of another holder of the authority (the changed holder ) being liable to give a surety under this part; and\n- (c) the changed holder is liable to give the surety because the scheme manager did not give the changed holder an election notice for the authority.\n- (a) the day the changed holder’s liability takes effect under subdivision 2 ; and\n- (b) the end of the period for which the previous holder paid the contribution.","sortOrder":75},{"sectionNumber":"sec.51","sectionType":"section","heading":"Recovery of unpaid contribution","content":"### sec.51 Recovery of unpaid contribution\n\nA contribution payable under this subdivision may be recovered as a debt payable to the State.","sortOrder":76},{"sectionNumber":"sec.52","sectionType":"section","heading":"Notification of administering authority","content":"### sec.52 Notification of administering authority\n\nThe scheme manager must, as soon as practicable after the holder of an authority has paid a contribution under this subdivision, give the administering authority for the authority notice of the payment.","sortOrder":77},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application of subdivision","content":"### sec.53 Application of subdivision\n\nThis subdivision applies if—\nboth of the following apply—\nthe scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of high;\nsection 46 (b) does not apply; or\nboth of the following apply—\nthe scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of very low, low, moderate or moderate-high;\nthe holder of the authority is required to give a surety under section 49 (3) ; or\nboth of the following apply—\nthe scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of very low, low, moderate or moderate-high;\nthe scheme manager decides the holder of the authority must give a surety, rather than pay a contribution, to preserve the financial viability of the scheme fund; or\nall of the following apply—\na changed holder event of a type mentioned in section 31A (1) (a) happens in relation to an authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount;\nthe prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister;\nif division 1A applies in relation to the changed holder for the changed holder event—the election period has ended and the scheme manager has not given the changed holder an election notice for the authority; or\nboth of the following apply—\na changed holder event of a type mentioned in section 31A (1) (b) , (c) or (d) happens in relation to an authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount;\nif division 1A applies in relation to the changed holder for the changed holder event—the election period has ended and the scheme manager has not given the changed holder an election notice for the authority; or\nall of the following apply—\nthe administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority;\nthe estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount;\nif division 1A applies in relation to the holder for the administering authority’s decision—the election period has ended;\nan election notice is not in effect for the authority; or\nboth of the following apply—\na changed holder event happens in relation to an authority for which the estimated rehabilitation cost is less than $100,000;\nif the changed holder event is of a type mentioned in section 31A (1) (a) —the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or\nboth of the following apply—\nthe administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority;\nthe estimated rehabilitation cost decided by the administering authority is less than $100,000; or\nthe holder of a small scale mining tenure is required under the Environmental Protection Act 1994 , section 21A (2) to give a surety before carrying out an activity, or allowing the carrying out of an activity, under the tenure.\ns 53 amd 2024 No. 33 s 118\n- (a) both of the following apply— (i) the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of high; (ii) section 46 (b) does not apply; or\n- (i) the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of high;\n- (ii) section 46 (b) does not apply; or\n- (b) both of the following apply— (i) the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of very low, low, moderate or moderate-high; (ii) the holder of the authority is required to give a surety under section 49 (3) ; or\n- (i) the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of very low, low, moderate or moderate-high;\n- (ii) the holder of the authority is required to give a surety under section 49 (3) ; or\n- (c) both of the following apply— (i) the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of very low, low, moderate or moderate-high; (ii) the scheme manager decides the holder of the authority must give a surety, rather than pay a contribution, to preserve the financial viability of the scheme fund; or\n- (i) the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of very low, low, moderate or moderate-high;\n- (ii) the scheme manager decides the holder of the authority must give a surety, rather than pay a contribution, to preserve the financial viability of the scheme fund; or\n- (d) all of the following apply— (i) a changed holder event of a type mentioned in section 31A (1) (a) happens in relation to an authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount; (ii) the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; (iii) if division 1A applies in relation to the changed holder for the changed holder event—the election period has ended and the scheme manager has not given the changed holder an election notice for the authority; or\n- (i) a changed holder event of a type mentioned in section 31A (1) (a) happens in relation to an authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount;\n- (ii) the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister;\n- (iii) if division 1A applies in relation to the changed holder for the changed holder event—the election period has ended and the scheme manager has not given the changed holder an election notice for the authority; or\n- (e) both of the following apply— (i) a changed holder event of a type mentioned in section 31A (1) (b) , (c) or (d) happens in relation to an authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount; (ii) if division 1A applies in relation to the changed holder for the changed holder event—the election period has ended and the scheme manager has not given the changed holder an election notice for the authority; or\n- (i) a changed holder event of a type mentioned in section 31A (1) (b) , (c) or (d) happens in relation to an authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount;\n- (ii) if division 1A applies in relation to the changed holder for the changed holder event—the election period has ended and the scheme manager has not given the changed holder an election notice for the authority; or\n- (f) all of the following apply— (i) the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; (ii) the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; (iii) if division 1A applies in relation to the holder for the administering authority’s decision—the election period has ended; (iv) an election notice is not in effect for the authority; or\n- (i) the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority;\n- (ii) the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount;\n- (iii) if division 1A applies in relation to the holder for the administering authority’s decision—the election period has ended;\n- (iv) an election notice is not in effect for the authority; or\n- (g) both of the following apply— (i) a changed holder event happens in relation to an authority for which the estimated rehabilitation cost is less than $100,000; (ii) if the changed holder event is of a type mentioned in section 31A (1) (a) —the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or\n- (i) a changed holder event happens in relation to an authority for which the estimated rehabilitation cost is less than $100,000;\n- (ii) if the changed holder event is of a type mentioned in section 31A (1) (a) —the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or\n- (h) both of the following apply— (i) the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; (ii) the estimated rehabilitation cost decided by the administering authority is less than $100,000; or\n- (i) the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority;\n- (ii) the estimated rehabilitation cost decided by the administering authority is less than $100,000; or\n- (i) the holder of a small scale mining tenure is required under the Environmental Protection Act 1994 , section 21A (2) to give a surety before carrying out an activity, or allowing the carrying out of an activity, under the tenure.\n- (i) the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of high;\n- (ii) section 46 (b) does not apply; or\n- (i) the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of very low, low, moderate or moderate-high;\n- (ii) the holder of the authority is required to give a surety under section 49 (3) ; or\n- (i) the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of very low, low, moderate or moderate-high;\n- (ii) the scheme manager decides the holder of the authority must give a surety, rather than pay a contribution, to preserve the financial viability of the scheme fund; or\n- (i) a changed holder event of a type mentioned in section 31A (1) (a) happens in relation to an authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount;\n- (ii) the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister;\n- (iii) if division 1A applies in relation to the changed holder for the changed holder event—the election period has ended and the scheme manager has not given the changed holder an election notice for the authority; or\n- (i) a changed holder event of a type mentioned in section 31A (1) (b) , (c) or (d) happens in relation to an authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount;\n- (ii) if division 1A applies in relation to the changed holder for the changed holder event—the election period has ended and the scheme manager has not given the changed holder an election notice for the authority; or\n- (i) the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority;\n- (ii) the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount;\n- (iii) if division 1A applies in relation to the holder for the administering authority’s decision—the election period has ended;\n- (iv) an election notice is not in effect for the authority; or\n- (i) a changed holder event happens in relation to an authority for which the estimated rehabilitation cost is less than $100,000;\n- (ii) if the changed holder event is of a type mentioned in section 31A (1) (a) —the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or\n- (i) the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority;\n- (ii) the estimated rehabilitation cost decided by the administering authority is less than $100,000; or","sortOrder":78},{"sectionNumber":"sec.54","sectionType":"section","heading":"Scheme manager’s decision about financial viability of scheme fund","content":"### sec.54 Scheme manager’s decision about financial viability of scheme fund\n\nThis section applies for making a decision under section 53 (c) (ii) .\nThe scheme manager may consider whether the sum of the following is likely to be more than the fund threshold applying to the authority—\nthe total estimated rehabilitation cost for the holder of the authority or, if there is more than 1 holder, the relevant holder of the authority;\nthe total estimated rehabilitation cost for any or all of the following—\na parent corporation of the holder of the authority or, if there is more than 1 holder, the relevant holder of the authority;\na subsidiary corporation, under the Corporations Act , section 46 , of a parent corporation mentioned in subparagraph (i) ;\na corporation controlled, under the Corporations Act , section 50AA , by a parent corporation mentioned in subparagraph (i) .\ns 54 amd 2024 No. 33 s 119\n(sec.54-ssec.1) This section applies for making a decision under section 53 (c) (ii) .\n(sec.54-ssec.2) The scheme manager may consider whether the sum of the following is likely to be more than the fund threshold applying to the authority— the total estimated rehabilitation cost for the holder of the authority or, if there is more than 1 holder, the relevant holder of the authority; the total estimated rehabilitation cost for any or all of the following— a parent corporation of the holder of the authority or, if there is more than 1 holder, the relevant holder of the authority; a subsidiary corporation, under the Corporations Act , section 46 , of a parent corporation mentioned in subparagraph (i) ; a corporation controlled, under the Corporations Act , section 50AA , by a parent corporation mentioned in subparagraph (i) .\n- (a) the total estimated rehabilitation cost for the holder of the authority or, if there is more than 1 holder, the relevant holder of the authority;\n- (b) the total estimated rehabilitation cost for any or all of the following— (i) a parent corporation of the holder of the authority or, if there is more than 1 holder, the relevant holder of the authority; (ii) a subsidiary corporation, under the Corporations Act , section 46 , of a parent corporation mentioned in subparagraph (i) ; (iii) a corporation controlled, under the Corporations Act , section 50AA , by a parent corporation mentioned in subparagraph (i) .\n- (i) a parent corporation of the holder of the authority or, if there is more than 1 holder, the relevant holder of the authority;\n- (ii) a subsidiary corporation, under the Corporations Act , section 46 , of a parent corporation mentioned in subparagraph (i) ;\n- (iii) a corporation controlled, under the Corporations Act , section 50AA , by a parent corporation mentioned in subparagraph (i) .\n- (i) a parent corporation of the holder of the authority or, if there is more than 1 holder, the relevant holder of the authority;\n- (ii) a subsidiary corporation, under the Corporations Act , section 46 , of a parent corporation mentioned in subparagraph (i) ;\n- (iii) a corporation controlled, under the Corporations Act , section 50AA , by a parent corporation mentioned in subparagraph (i) .","sortOrder":79},{"sectionNumber":"sec.55","sectionType":"section","heading":"Holder must give surety","content":"### sec.55 Holder must give surety\n\nThe holder of the authority, or small scale mining tenure, must give a surety for the authority, or tenure, in a form approved by the scheme manager under section 56 .\nThe holder of the authority must not carry out, or allow the carrying out of, a resource activity under the authority unless the holder has given the surety—see the Environmental Protection Act 1994 , sections 297 and 430 .\nFor small scale mining tenures, see the Environmental Protection Act 1994 , sections 21A and 435A .\nThe amount of the surety is—\nfor an authority mentioned in section 53 (a) or (c) —the amount of the estimated rehabilitation cost for the authority at the beginning of the day that is—\nfor an initial allocation decision—the initial allocation day for the authority; or\nfor a changed holder allocation—the day the decision takes effect under section 37 ; or\nfor an annual review decision—the annual review day for the authority; or\nfor an authority mentioned in section 53 (b) —the amount worked out under section 49 (3) ; or\nfor an authority mentioned in section 53 (d), (e), (f), (g) or (h) —the amount of the estimated rehabilitation cost for the authority; or\nfor a small scale mining tenure mentioned in section 53 (i) —the amount under the Environmental Protection Act 1994 , section 21A (2) (a) .\nFor the Mineral and Energy Resources (Common Provisions) Act 2014 , section 21 , the holder mentioned in subsection (1) is the entity mentioned in section 21 (2) of that Act.\ns 55 amd 2020 No. 14 s 218 sch 1 ; 2024 No. 33 s 120\n(sec.55-ssec.1) The holder of the authority, or small scale mining tenure, must give a surety for the authority, or tenure, in a form approved by the scheme manager under section 56 . The holder of the authority must not carry out, or allow the carrying out of, a resource activity under the authority unless the holder has given the surety—see the Environmental Protection Act 1994 , sections 297 and 430 . For small scale mining tenures, see the Environmental Protection Act 1994 , sections 21A and 435A .\n(sec.55-ssec.2) The amount of the surety is— for an authority mentioned in section 53 (a) or (c) —the amount of the estimated rehabilitation cost for the authority at the beginning of the day that is— for an initial allocation decision—the initial allocation day for the authority; or for a changed holder allocation—the day the decision takes effect under section 37 ; or for an annual review decision—the annual review day for the authority; or for an authority mentioned in section 53 (b) —the amount worked out under section 49 (3) ; or for an authority mentioned in section 53 (d), (e), (f), (g) or (h) —the amount of the estimated rehabilitation cost for the authority; or for a small scale mining tenure mentioned in section 53 (i) —the amount under the Environmental Protection Act 1994 , section 21A (2) (a) .\n(sec.55-ssec.3) For the Mineral and Energy Resources (Common Provisions) Act 2014 , section 21 , the holder mentioned in subsection (1) is the entity mentioned in section 21 (2) of that Act.\n- 1 The holder of the authority must not carry out, or allow the carrying out of, a resource activity under the authority unless the holder has given the surety—see the Environmental Protection Act 1994 , sections 297 and 430 .\n- 2 For small scale mining tenures, see the Environmental Protection Act 1994 , sections 21A and 435A .\n- (a) for an authority mentioned in section 53 (a) or (c) —the amount of the estimated rehabilitation cost for the authority at the beginning of the day that is— (i) for an initial allocation decision—the initial allocation day for the authority; or (ii) for a changed holder allocation—the day the decision takes effect under section 37 ; or (iii) for an annual review decision—the annual review day for the authority; or\n- (i) for an initial allocation decision—the initial allocation day for the authority; or\n- (ii) for a changed holder allocation—the day the decision takes effect under section 37 ; or\n- (iii) for an annual review decision—the annual review day for the authority; or\n- (b) for an authority mentioned in section 53 (b) —the amount worked out under section 49 (3) ; or\n- (c) for an authority mentioned in section 53 (d), (e), (f), (g) or (h) —the amount of the estimated rehabilitation cost for the authority; or\n- (d) for a small scale mining tenure mentioned in section 53 (i) —the amount under the Environmental Protection Act 1994 , section 21A (2) (a) .\n- (i) for an initial allocation decision—the initial allocation day for the authority; or\n- (ii) for a changed holder allocation—the day the decision takes effect under section 37 ; or\n- (iii) for an annual review decision—the annual review day for the authority; or","sortOrder":80},{"sectionNumber":"sec.55A","sectionType":"section","heading":"When surety must be given","content":"### sec.55A When surety must be given\n\nThis section states when the holder of the authority must give the surety.\nFor an authority mentioned in section 53 (a) or (b) , the surety must be given within 30 business days after—\nfor an initial allocation decision—the initial allocation day for the authority; or\nfor a changed holder allocation—the day the decision takes effect under section 37 ; or\nfor an annual review decision—the annual review day for the authority.\nFor an authority mentioned in section 53 (c) , the surety must be given within 30 business days after the day the scheme manager decides the holder must give a surety, rather than pay a contribution, to preserve the financial viability of the scheme fund.\nFor an authority mentioned in section 53 (d) , the surety must be given within 30 business days after the later of the following—\nif division 1A applies in relation to the changed holder for the changed holder event—the day the election period ends;\nthe day the prescribed dealing is approved.\nFor an authority mentioned in section 53 (e) , the surety must be given within 30 business days after—\nif division 1A applies in relation to the changed holder for the changed holder event—the day the election period ends; or\notherwise—the day the changed holder event happens.\nFor an authority mentioned in section 53 (f) , if division 1A applies in relation to the holder for the administering authority’s decision, the surety must be given within 30 business days after—\nif the period for which a contribution to the scheme fund has been paid for the authority has not ended immediately before the election period ends—the day that is the end of the period for which the contribution was paid; or\notherwise—the day the election period ends.\nFor another authority mentioned in section 53 (f) , the surety must be given within 30 business days after—\nif the period for which a contribution to the scheme fund has been paid for the authority has not ended immediately before the administering authority makes the decision—the day that is the end of the period for which the contribution was paid; or\notherwise—the day the administering authority makes the decision.\nFor an authority mentioned in section 53 (g) , the surety must be paid within 30 business days after the changed holder event happens.\nFor an authority mentioned in section 53 (h) , the surety must be paid within 30 business days after—\nif the period for which a contribution to the scheme fund has been paid for the authority has not ended immediately before the administering authority made the decision—the day that is the end of the period for which the contribution was paid; or\notherwise—the day the administering authority makes the decision.\nFor a small scale mining tenure mentioned in section 53 (i) , the surety must be given before carrying out an activity, or allowing the carrying out of an activity, under the tenure.\nThe scheme manager may extend a period mentioned in any of subsections (2) to (9) if the scheme manager is satisfied it is not reasonably practicable for the holder to obtain the surety within the period.\ns 55A ins 2024 No. 33 s 121\n(sec.55A-ssec.1) This section states when the holder of the authority must give the surety.\n(sec.55A-ssec.2) For an authority mentioned in section 53 (a) or (b) , the surety must be given within 30 business days after— for an initial allocation decision—the initial allocation day for the authority; or for a changed holder allocation—the day the decision takes effect under section 37 ; or for an annual review decision—the annual review day for the authority.\n(sec.55A-ssec.3) For an authority mentioned in section 53 (c) , the surety must be given within 30 business days after the day the scheme manager decides the holder must give a surety, rather than pay a contribution, to preserve the financial viability of the scheme fund.\n(sec.55A-ssec.4) For an authority mentioned in section 53 (d) , the surety must be given within 30 business days after the later of the following— if division 1A applies in relation to the changed holder for the changed holder event—the day the election period ends; the day the prescribed dealing is approved.\n(sec.55A-ssec.5) For an authority mentioned in section 53 (e) , the surety must be given within 30 business days after— if division 1A applies in relation to the changed holder for the changed holder event—the day the election period ends; or otherwise—the day the changed holder event happens.\n(sec.55A-ssec.6) For an authority mentioned in section 53 (f) , if division 1A applies in relation to the holder for the administering authority’s decision, the surety must be given within 30 business days after— if the period for which a contribution to the scheme fund has been paid for the authority has not ended immediately before the election period ends—the day that is the end of the period for which the contribution was paid; or otherwise—the day the election period ends.\n(sec.55A-ssec.7) For another authority mentioned in section 53 (f) , the surety must be given within 30 business days after— if the period for which a contribution to the scheme fund has been paid for the authority has not ended immediately before the administering authority makes the decision—the day that is the end of the period for which the contribution was paid; or otherwise—the day the administering authority makes the decision.\n(sec.55A-ssec.8) For an authority mentioned in section 53 (g) , the surety must be paid within 30 business days after the changed holder event happens.\n(sec.55A-ssec.9) For an authority mentioned in section 53 (h) , the surety must be paid within 30 business days after— if the period for which a contribution to the scheme fund has been paid for the authority has not ended immediately before the administering authority made the decision—the day that is the end of the period for which the contribution was paid; or otherwise—the day the administering authority makes the decision.\n(sec.55A-ssec.10) For a small scale mining tenure mentioned in section 53 (i) , the surety must be given before carrying out an activity, or allowing the carrying out of an activity, under the tenure.\n(sec.55A-ssec.11) The scheme manager may extend a period mentioned in any of subsections (2) to (9) if the scheme manager is satisfied it is not reasonably practicable for the holder to obtain the surety within the period.\n- (a) for an initial allocation decision—the initial allocation day for the authority; or\n- (b) for a changed holder allocation—the day the decision takes effect under section 37 ; or\n- (c) for an annual review decision—the annual review day for the authority.\n- (a) if division 1A applies in relation to the changed holder for the changed holder event—the day the election period ends;\n- (b) the day the prescribed dealing is approved.\n- (a) if division 1A applies in relation to the changed holder for the changed holder event—the day the election period ends; or\n- (b) otherwise—the day the changed holder event happens.\n- (a) if the period for which a contribution to the scheme fund has been paid for the authority has not ended immediately before the election period ends—the day that is the end of the period for which the contribution was paid; or\n- (b) otherwise—the day the election period ends.\n- (a) if the period for which a contribution to the scheme fund has been paid for the authority has not ended immediately before the administering authority makes the decision—the day that is the end of the period for which the contribution was paid; or\n- (b) otherwise—the day the administering authority makes the decision.\n- (a) if the period for which a contribution to the scheme fund has been paid for the authority has not ended immediately before the administering authority made the decision—the day that is the end of the period for which the contribution was paid; or\n- (b) otherwise—the day the administering authority makes the decision.","sortOrder":81},{"sectionNumber":"sec.56","sectionType":"section","heading":"Form of surety","content":"### sec.56 Form of surety\n\nThe scheme manager may only approve a surety in 1 or more of the following forms—\na bank guarantee—\nin the approved form; or\non terms and conditions approved by the scheme manager;\nan insurance bond issued by a prescribed insurer—\nin the approved form; or\non terms and conditions approved by the scheme manager;\na payment of a cash amount—\non the condition that the giver of the surety is not entitled to interest on the amount of the surety; and\nsubject to subparagraph (i) , on the terms and conditions approved by the scheme manager.\nThe Acts Interpretation Act 1954 , section 48A (1) does not apply to a form mentioned in subsection (1) .\nIn this section—\nprescribed insurer means an insurer prescribed by regulation for this section.\n(sec.56-ssec.1) The scheme manager may only approve a surety in 1 or more of the following forms— a bank guarantee— in the approved form; or on terms and conditions approved by the scheme manager; an insurance bond issued by a prescribed insurer— in the approved form; or on terms and conditions approved by the scheme manager; a payment of a cash amount— on the condition that the giver of the surety is not entitled to interest on the amount of the surety; and subject to subparagraph (i) , on the terms and conditions approved by the scheme manager.\n(sec.56-ssec.2) The Acts Interpretation Act 1954 , section 48A (1) does not apply to a form mentioned in subsection (1) .\n(sec.56-ssec.3) In this section— prescribed insurer means an insurer prescribed by regulation for this section.\n- (a) a bank guarantee— (i) in the approved form; or (ii) on terms and conditions approved by the scheme manager;\n- (i) in the approved form; or\n- (ii) on terms and conditions approved by the scheme manager;\n- (b) an insurance bond issued by a prescribed insurer— (i) in the approved form; or (ii) on terms and conditions approved by the scheme manager;\n- (i) in the approved form; or\n- (ii) on terms and conditions approved by the scheme manager;\n- (c) a payment of a cash amount— (i) on the condition that the giver of the surety is not entitled to interest on the amount of the surety; and (ii) subject to subparagraph (i) , on the terms and conditions approved by the scheme manager.\n- (i) on the condition that the giver of the surety is not entitled to interest on the amount of the surety; and\n- (ii) subject to subparagraph (i) , on the terms and conditions approved by the scheme manager.\n- (i) in the approved form; or\n- (ii) on terms and conditions approved by the scheme manager;\n- (i) in the approved form; or\n- (ii) on terms and conditions approved by the scheme manager;\n- (i) on the condition that the giver of the surety is not entitled to interest on the amount of the surety; and\n- (ii) subject to subparagraph (i) , on the terms and conditions approved by the scheme manager.","sortOrder":82},{"sectionNumber":"sec.57","sectionType":"section","heading":"When holder must give increased surety","content":"### sec.57 When holder must give increased surety\n\nThis section applies if—\na surety is given for an authority mentioned in section 53 (a) , (b) or (c) ; and\nbefore the next allocation decision is made for the authority—\nthe estimated rehabilitation cost for the authority increases; or\nfor an authority mentioned in section 53 (b) —the fund threshold applying to the authority decreases.\nIn addition to giving the surety under section 55 , the holder of the authority must give a surety in the amount—\nfor an authority mentioned in section 53 (a) or (c) —that equals the amount of the increased estimated rehabilitation cost for the authority less the amount of the surety for the authority already given; or\nfor an authority mentioned in section 53 (b) —\nif subsection (1) (b) (i) applies—that equals the amount of the increased estimated rehabilitation cost for the authority less both the fund threshold applying to the authority and the amount of the surety for the authority already given; or\nif subsection (1) (b) (ii) applies—that equals the amount of the estimated rehabilitation cost for the authority less both the amount of the decreased fund threshold applying to the authority and the amount of the surety for the authority already given.\nThe surety must be in the form approved by the scheme manager under section 56 .\nThe surety must be given within 30 business days after the estimated rehabilitation cost for the authority increases.\nThe scheme manager may extend the period mentioned in subsection (4) if the scheme manager is satisfied it is not reasonably practicable for the holder to obtain the surety within the period.\ns 57 amd 2024 No. 33 s 122\n(sec.57-ssec.1) This section applies if— a surety is given for an authority mentioned in section 53 (a) , (b) or (c) ; and before the next allocation decision is made for the authority— the estimated rehabilitation cost for the authority increases; or for an authority mentioned in section 53 (b) —the fund threshold applying to the authority decreases.\n(sec.57-ssec.2) In addition to giving the surety under section 55 , the holder of the authority must give a surety in the amount— for an authority mentioned in section 53 (a) or (c) —that equals the amount of the increased estimated rehabilitation cost for the authority less the amount of the surety for the authority already given; or for an authority mentioned in section 53 (b) — if subsection (1) (b) (i) applies—that equals the amount of the increased estimated rehabilitation cost for the authority less both the fund threshold applying to the authority and the amount of the surety for the authority already given; or if subsection (1) (b) (ii) applies—that equals the amount of the estimated rehabilitation cost for the authority less both the amount of the decreased fund threshold applying to the authority and the amount of the surety for the authority already given.\n(sec.57-ssec.3) The surety must be in the form approved by the scheme manager under section 56 .\n(sec.57-ssec.4) The surety must be given within 30 business days after the estimated rehabilitation cost for the authority increases.\n(sec.57-ssec.5) The scheme manager may extend the period mentioned in subsection (4) if the scheme manager is satisfied it is not reasonably practicable for the holder to obtain the surety within the period.\n- (a) a surety is given for an authority mentioned in section 53 (a) , (b) or (c) ; and\n- (b) before the next allocation decision is made for the authority— (i) the estimated rehabilitation cost for the authority increases; or (ii) for an authority mentioned in section 53 (b) —the fund threshold applying to the authority decreases.\n- (i) the estimated rehabilitation cost for the authority increases; or\n- (ii) for an authority mentioned in section 53 (b) —the fund threshold applying to the authority decreases.\n- (i) the estimated rehabilitation cost for the authority increases; or\n- (ii) for an authority mentioned in section 53 (b) —the fund threshold applying to the authority decreases.\n- (a) for an authority mentioned in section 53 (a) or (c) —that equals the amount of the increased estimated rehabilitation cost for the authority less the amount of the surety for the authority already given; or\n- (b) for an authority mentioned in section 53 (b) — (i) if subsection (1) (b) (i) applies—that equals the amount of the increased estimated rehabilitation cost for the authority less both the fund threshold applying to the authority and the amount of the surety for the authority already given; or (ii) if subsection (1) (b) (ii) applies—that equals the amount of the estimated rehabilitation cost for the authority less both the amount of the decreased fund threshold applying to the authority and the amount of the surety for the authority already given.\n- (i) if subsection (1) (b) (i) applies—that equals the amount of the increased estimated rehabilitation cost for the authority less both the fund threshold applying to the authority and the amount of the surety for the authority already given; or\n- (ii) if subsection (1) (b) (ii) applies—that equals the amount of the estimated rehabilitation cost for the authority less both the amount of the decreased fund threshold applying to the authority and the amount of the surety for the authority already given.\n- (i) if subsection (1) (b) (i) applies—that equals the amount of the increased estimated rehabilitation cost for the authority less both the fund threshold applying to the authority and the amount of the surety for the authority already given; or\n- (ii) if subsection (1) (b) (ii) applies—that equals the amount of the estimated rehabilitation cost for the authority less both the amount of the decreased fund threshold applying to the authority and the amount of the surety for the authority already given.","sortOrder":83},{"sectionNumber":"sec.58","sectionType":"section","heading":"Release of surety","content":"### sec.58 Release of surety\n\nThe scheme manager must release a surety given under this subdivision for an authority if—\nthe surety is replaced with another surety for the authority in a form approved by the scheme manager under section 56 ; or\nthe surety is no longer required to be given because a contribution to the scheme fund is required to be paid under subdivision 1 for the authority.\nThe surety must be released to the giver of the surety as soon as practicable after—\nfor subsection (1) (a) —the replacement surety is given; or\nfor subsection (1) (b) —the contribution to the scheme fund is paid.\nThe scheme manager may release a surety given under this subdivision for an authority, or small scale mining tenure, to the giver of the surety if the scheme manager is satisfied the scheme manager will not be asked under division 3 , subdivision 2 to make a claim on or realise the surety or part of it.\nWithout limiting subsection (3) , the scheme manager may be satisfied under that subsection if the administering authority for the authority gives the scheme manager a notice stating the administering authority will not ask the scheme manager, under division 3 , subdivision 2 , for the payment of costs and expenses by the scheme manager making a claim on or realising the surety or part of it.\n(sec.58-ssec.1) The scheme manager must release a surety given under this subdivision for an authority if— the surety is replaced with another surety for the authority in a form approved by the scheme manager under section 56 ; or the surety is no longer required to be given because a contribution to the scheme fund is required to be paid under subdivision 1 for the authority.\n(sec.58-ssec.2) The surety must be released to the giver of the surety as soon as practicable after— for subsection (1) (a) —the replacement surety is given; or for subsection (1) (b) —the contribution to the scheme fund is paid.\n(sec.58-ssec.3) The scheme manager may release a surety given under this subdivision for an authority, or small scale mining tenure, to the giver of the surety if the scheme manager is satisfied the scheme manager will not be asked under division 3 , subdivision 2 to make a claim on or realise the surety or part of it.\n(sec.58-ssec.4) Without limiting subsection (3) , the scheme manager may be satisfied under that subsection if the administering authority for the authority gives the scheme manager a notice stating the administering authority will not ask the scheme manager, under division 3 , subdivision 2 , for the payment of costs and expenses by the scheme manager making a claim on or realising the surety or part of it.\n- (a) the surety is replaced with another surety for the authority in a form approved by the scheme manager under section 56 ; or\n- (b) the surety is no longer required to be given because a contribution to the scheme fund is required to be paid under subdivision 1 for the authority.\n- (a) for subsection (1) (a) —the replacement surety is given; or\n- (b) for subsection (1) (b) —the contribution to the scheme fund is paid.","sortOrder":84},{"sectionNumber":"sec.59","sectionType":"section","heading":"Notification of administering authority","content":"### sec.59 Notification of administering authority\n\nThe scheme manager must, as soon as practicable after the holder of an authority or small scale mining tenure gives a surety under this subdivision, give the administering authority for the authority notice of the giving of the surety.","sortOrder":85},{"sectionNumber":"sec.60","sectionType":"section","heading":"Assessment fee","content":"### sec.60 Assessment fee\n\nIf the scheme manager makes an allocation decision for an authority, the holder of the authority must pay the scheme manager the assessment fee prescribed by regulation for the decision.\nThe assessment fee must be paid within 30 business days after the decision is made.\n(sec.60-ssec.1) If the scheme manager makes an allocation decision for an authority, the holder of the authority must pay the scheme manager the assessment fee prescribed by regulation for the decision.\n(sec.60-ssec.2) The assessment fee must be paid within 30 business days after the decision is made.","sortOrder":86},{"sectionNumber":"sec.61","sectionType":"section","heading":"Administration fee for particular sureties","content":"### sec.61 Administration fee for particular sureties\n\nThis section applies if—\nthe holder of an authority is required to give a surety under section 53 (d) , (e) , (f) , (g) or (h) ; or\nthe holder of a small scale mining tenure is required to give a surety under section 53 (i) ; or\nthe holder of an authority or small scale mining tenure replaces a surety.\nThe holder must pay the scheme manager the administration fee prescribed by regulation for the surety.\nThe administration fee must be paid—\nfor subsection (1) (a) or (b) —within the period mentioned in section 55A for giving the surety; or\nfor subsection (1) (c) —within 30 business days after the replacement surety is given.\ns 61 amd 2024 No. 33 s 183 s ch 1 pt 2\n(sec.61-ssec.1) This section applies if— the holder of an authority is required to give a surety under section 53 (d) , (e) , (f) , (g) or (h) ; or the holder of a small scale mining tenure is required to give a surety under section 53 (i) ; or the holder of an authority or small scale mining tenure replaces a surety.\n(sec.61-ssec.2) The holder must pay the scheme manager the administration fee prescribed by regulation for the surety.\n(sec.61-ssec.3) The administration fee must be paid— for subsection (1) (a) or (b) —within the period mentioned in section 55A for giving the surety; or for subsection (1) (c) —within 30 business days after the replacement surety is given.\n- (a) the holder of an authority is required to give a surety under section 53 (d) , (e) , (f) , (g) or (h) ; or\n- (b) the holder of a small scale mining tenure is required to give a surety under section 53 (i) ; or\n- (c) the holder of an authority or small scale mining tenure replaces a surety.\n- (a) for subsection (1) (a) or (b) —within the period mentioned in section 55A for giving the surety; or\n- (b) for subsection (1) (c) —within 30 business days after the replacement surety is given.","sortOrder":87},{"sectionNumber":"sec.62","sectionType":"section","heading":"Recovery of unpaid fee","content":"### sec.62 Recovery of unpaid fee\n\nA fee payable under this subdivision may be recovered as a debt payable to the State.","sortOrder":88},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Claiming financial provision","content":"## Claiming financial provision","sortOrder":89},{"sectionNumber":"sec.63","sectionType":"section","heading":"Application of subdivision","content":"### sec.63 Application of subdivision\n\nThis subdivision applies if—\nthe administering authority (the requesting entity ) decides, under the Environmental Protection Act 1994 , section 316G , to ask the scheme manager for the payment of costs and expenses from the scheme fund; or\nthe chief executive (mineral resources) (also the requesting entity ) incurs, or might reasonably incur, costs and expenses in authorising a person, under the Mineral Resources Act 1989 , section 344C , to carry out remediation activities in relation to mining activities previously carried out on an abandoned mine site; or\nthe chief executive (petroleum) (also the requesting entity ) incurs, or might reasonably incur, costs and expenses in authorising a person, under the Petroleum and Gas (Production and Safety) Act 2004 , section 799D , to carry out remediation activities in relation to an abandoned operating plant; or\nthe chief executive (common provisions) or the chief executive (environment) (also the requesting entity ) incurs, or might reasonably incur, costs and expenses relating to particular research that may contribute to the rehabilitation of land on which resource activities have been carried out.\ns 63 amd 2019 No. 17 s 214 ; 2020 No. 26 s 118 sch 1 ; 2020 No. 14 s 218 sch 1\n- (a) the administering authority (the requesting entity ) decides, under the Environmental Protection Act 1994 , section 316G , to ask the scheme manager for the payment of costs and expenses from the scheme fund; or\n- (b) the chief executive (mineral resources) (also the requesting entity ) incurs, or might reasonably incur, costs and expenses in authorising a person, under the Mineral Resources Act 1989 , section 344C , to carry out remediation activities in relation to mining activities previously carried out on an abandoned mine site; or\n- (c) the chief executive (petroleum) (also the requesting entity ) incurs, or might reasonably incur, costs and expenses in authorising a person, under the Petroleum and Gas (Production and Safety) Act 2004 , section 799D , to carry out remediation activities in relation to an abandoned operating plant; or\n- (d) the chief executive (common provisions) or the chief executive (environment) (also the requesting entity ) incurs, or might reasonably incur, costs and expenses relating to particular research that may contribute to the rehabilitation of land on which resource activities have been carried out.","sortOrder":90},{"sectionNumber":"sec.64","sectionType":"section","heading":"Requesting entity may ask for payment from scheme fund","content":"### sec.64 Requesting entity may ask for payment from scheme fund\n\nThe requesting entity may ask the scheme manager for payment of the costs and expenses from the scheme fund.\nThe request must—\nbe in writing; and\nstate the details of the costs and expenses; and\nfor costs and expenses mentioned in section 63 (a) —state the details of the authority to which the costs and expenses relate; and\ninclude the other information prescribed by regulation.\nBefore making a request for payment of the costs and expenses mentioned in section 63 (b) relating to mining activities carried out on a pre-commencement abandoned mine site, the requesting entity must consult with the advisory committee about the proposed request.\nBefore making a request for payment of the costs and expenses mentioned in section 63 (c) relating to remediation activities carried out on a pre-commencement abandoned operating plant, the requesting entity must consult with the advisory committee about the proposed request.\nBefore making a request for payment of the costs and expenses mentioned in section 63 (d) , the requesting entity must consult with the advisory committee about the proposed request.\nIn this section—\npre-commencement abandoned mine site means an abandoned mine site in existence before 1 April 2019.\npre-commencement abandoned operating plant means an abandoned operating plant in existence before 1 April 2019.\ns 64 amd 2020 No. 14 s 218 sch 1 ; 2024 No. 33 s 123\n(sec.64-ssec.1) The requesting entity may ask the scheme manager for payment of the costs and expenses from the scheme fund.\n(sec.64-ssec.2) The request must— be in writing; and state the details of the costs and expenses; and for costs and expenses mentioned in section 63 (a) —state the details of the authority to which the costs and expenses relate; and include the other information prescribed by regulation.\n(sec.64-ssec.3) Before making a request for payment of the costs and expenses mentioned in section 63 (b) relating to mining activities carried out on a pre-commencement abandoned mine site, the requesting entity must consult with the advisory committee about the proposed request.\n(sec.64-ssec.4) Before making a request for payment of the costs and expenses mentioned in section 63 (c) relating to remediation activities carried out on a pre-commencement abandoned operating plant, the requesting entity must consult with the advisory committee about the proposed request.\n(sec.64-ssec.5) Before making a request for payment of the costs and expenses mentioned in section 63 (d) , the requesting entity must consult with the advisory committee about the proposed request.\n(sec.64-ssec.6) In this section— pre-commencement abandoned mine site means an abandoned mine site in existence before 1 April 2019. pre-commencement abandoned operating plant means an abandoned operating plant in existence before 1 April 2019.\n- (a) be in writing; and\n- (b) state the details of the costs and expenses; and\n- (c) for costs and expenses mentioned in section 63 (a) —state the details of the authority to which the costs and expenses relate; and\n- (d) include the other information prescribed by regulation.","sortOrder":91},{"sectionNumber":"sec.65","sectionType":"section","heading":"Decision of scheme manager","content":"### sec.65 Decision of scheme manager\n\nThe scheme manager must decide to authorise or not to authorise payment of the costs and expenses from the scheme fund.\nThe scheme manager must decide to authorise payment of the costs and expenses unless the payment would adversely affect the financial viability of the scheme fund.\nIf the scheme manager decides to authorise payment of the costs and expenses, the scheme manager must give the amount of the costs and expenses to the requesting entity.\n(sec.65-ssec.1) The scheme manager must decide to authorise or not to authorise payment of the costs and expenses from the scheme fund.\n(sec.65-ssec.2) The scheme manager must decide to authorise payment of the costs and expenses unless the payment would adversely affect the financial viability of the scheme fund.\n(sec.65-ssec.3) If the scheme manager decides to authorise payment of the costs and expenses, the scheme manager must give the amount of the costs and expenses to the requesting entity.","sortOrder":92},{"sectionNumber":"sec.66","sectionType":"section","heading":"Application of subdivision","content":"### sec.66 Application of subdivision\n\nThis subdivision applies if the administering authority (the requesting entity ) decides, under the Environmental Protection Act 1994 , section 316G , to ask the scheme manager for the payment of costs and expenses by the scheme manager making a claim on or realising a surety or part of it.","sortOrder":93},{"sectionNumber":"sec.67","sectionType":"section","heading":"Requesting entity may ask for realisation of surety","content":"### sec.67 Requesting entity may ask for realisation of surety\n\nThe requesting entity may ask the scheme manager for payment of the costs and expenses by making a claim on or realising the surety or part of it.\nThe request must—\nbe in writing; and\nstate the details of the costs and expenses; and\nstate the details of the authority or small scale mining tenure to which the request relates; and\ninclude the other information prescribed by regulation.\n(sec.67-ssec.1) The requesting entity may ask the scheme manager for payment of the costs and expenses by making a claim on or realising the surety or part of it.\n(sec.67-ssec.2) The request must— be in writing; and state the details of the costs and expenses; and state the details of the authority or small scale mining tenure to which the request relates; and include the other information prescribed by regulation.\n- (a) be in writing; and\n- (b) state the details of the costs and expenses; and\n- (c) state the details of the authority or small scale mining tenure to which the request relates; and\n- (d) include the other information prescribed by regulation.","sortOrder":94},{"sectionNumber":"sec.68","sectionType":"section","heading":"Realisation of surety","content":"### sec.68 Realisation of surety\n\nThe scheme manager must, as soon as practicable after receiving the request—\nmake a claim on, or realise, the surety to the extent of the lesser of the following—\nthe amount of the costs and expenses;\nthe amount of the surety; and\ngive the amount claimed or realised under paragraph (a) to the requesting entity.\n- (a) make a claim on, or realise, the surety to the extent of the lesser of the following— (i) the amount of the costs and expenses; (ii) the amount of the surety; and\n- (i) the amount of the costs and expenses;\n- (ii) the amount of the surety; and\n- (b) give the amount claimed or realised under paragraph (a) to the requesting entity.\n- (i) the amount of the costs and expenses;\n- (ii) the amount of the surety; and","sortOrder":95},{"sectionNumber":"sec.69","sectionType":"section","heading":"Replenishment of surety","content":"### sec.69 Replenishment of surety\n\nThis section applies if—\nunder section 68 , all or part of the surety is claimed or realised; and\na surety for the authority or small scale mining tenure is still required under this part.\nThe scheme manager must give the holder of the authority or small scale mining tenure a notice—\nstating how much of the surety has been claimed or realised; and\ndirecting the holder to, within 30 business days after the giving of the notice, replenish the surety to the amount that was held by the scheme manager before the surety started to be claimed or realised.\nIt is a condition of the authority or small scale mining tenure that the holder must comply with the direction.\nThe scheme manager must give a notice to the administering authority to inform the administering authority whether or not the holder has complied with the direction.\nThe scheme manager may extend the period mentioned in subsection (2) (b) by notice given to the holder.\n(sec.69-ssec.1) This section applies if— under section 68 , all or part of the surety is claimed or realised; and a surety for the authority or small scale mining tenure is still required under this part.\n(sec.69-ssec.2) The scheme manager must give the holder of the authority or small scale mining tenure a notice— stating how much of the surety has been claimed or realised; and directing the holder to, within 30 business days after the giving of the notice, replenish the surety to the amount that was held by the scheme manager before the surety started to be claimed or realised.\n(sec.69-ssec.3) It is a condition of the authority or small scale mining tenure that the holder must comply with the direction.\n(sec.69-ssec.4) The scheme manager must give a notice to the administering authority to inform the administering authority whether or not the holder has complied with the direction.\n(sec.69-ssec.5) The scheme manager may extend the period mentioned in subsection (2) (b) by notice given to the holder.\n- (a) under section 68 , all or part of the surety is claimed or realised; and\n- (b) a surety for the authority or small scale mining tenure is still required under this part.\n- (a) stating how much of the surety has been claimed or realised; and\n- (b) directing the holder to, within 30 business days after the giving of the notice, replenish the surety to the amount that was held by the scheme manager before the surety started to be claimed or realised.","sortOrder":96},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Guidelines and investigations","content":"## Guidelines and investigations","sortOrder":97},{"sectionNumber":"sec.70","sectionType":"section","heading":"Guidelines","content":"### sec.70 Guidelines\n\nThe scheme manager may make guidelines about the operation of the scheme, including, for example, about—\nthe making of allocation decisions for authorities; and\nthe assigning of authorities to a relevant holder; and\nthe making of decisions under section 53 (c) (ii) ; and\nthe forms of surety under section 56 .\nThe guidelines may be amended or replaced by later guidelines made under this section.\nThe guidelines are a statutory instrument under the Statutory Instruments Act 1992 .\n(sec.70-ssec.1) The scheme manager may make guidelines about the operation of the scheme, including, for example, about— the making of allocation decisions for authorities; and the assigning of authorities to a relevant holder; and the making of decisions under section 53 (c) (ii) ; and the forms of surety under section 56 .\n(sec.70-ssec.2) The guidelines may be amended or replaced by later guidelines made under this section.\n(sec.70-ssec.3) The guidelines are a statutory instrument under the Statutory Instruments Act 1992 .\n- (a) the making of allocation decisions for authorities; and\n- (b) the assigning of authorities to a relevant holder; and\n- (c) the making of decisions under section 53 (c) (ii) ; and\n- (d) the forms of surety under section 56 .","sortOrder":98},{"sectionNumber":"sec.73","sectionType":"section","heading":"Investigation of actuarial sustainability of scheme","content":"### sec.73 Investigation of actuarial sustainability of scheme\n\nThe scheme manager must, within the prescribed period, investigate the actuarial sustainability of the scheme.\nFor subsection (1) , the scheme manager may ask an appropriately qualified actuary to give the scheme manager a report about the actuarial sustainability of the scheme.\nThe actuary’s report must include the actuary’s opinion about whether—\nthe amount of the scheme fund is adequate to achieve the main purposes of this Act mentioned in section 3 (a) to (d) ; and\nany of the following characteristics of the scheme fund should be changed—\nthe fund threshold applying to all or some of the authorities;\nthe number of risk categories;\nthe rate of contribution to the scheme fund; and\nthe amounts of the assessment fee and administration fee are adequate to meet the cost of operating the scheme.\nAfter the scheme manager completes the investigation, the scheme manager must give the Minister—\nthe actuary’s report; and\nthe scheme manager’s recommendations about—\nthe actuary’s opinion under subsection (3) (b) ; and\nany other matter relating to the operation of the scheme.\nThis section does not limit the scheme manager’s ability to make other inquiries about the operation of the scheme.\nIn this section—\nprescribed period means—\nfor the first investigation—5 years after the commencement; or\nfor each investigation after the first investigation—3 years after the date of the report for the immediately preceding investigation.\ns 73 amd 2020 No. 26 s 110 ; 2024 No. 33 s 124\n(sec.73-ssec.1) The scheme manager must, within the prescribed period, investigate the actuarial sustainability of the scheme.\n(sec.73-ssec.2) For subsection (1) , the scheme manager may ask an appropriately qualified actuary to give the scheme manager a report about the actuarial sustainability of the scheme.\n(sec.73-ssec.3) The actuary’s report must include the actuary’s opinion about whether— the amount of the scheme fund is adequate to achieve the main purposes of this Act mentioned in section 3 (a) to (d) ; and any of the following characteristics of the scheme fund should be changed— the fund threshold applying to all or some of the authorities; the number of risk categories; the rate of contribution to the scheme fund; and the amounts of the assessment fee and administration fee are adequate to meet the cost of operating the scheme.\n(sec.73-ssec.4) After the scheme manager completes the investigation, the scheme manager must give the Minister— the actuary’s report; and the scheme manager’s recommendations about— the actuary’s opinion under subsection (3) (b) ; and any other matter relating to the operation of the scheme.\n(sec.73-ssec.5) This section does not limit the scheme manager’s ability to make other inquiries about the operation of the scheme.\n(sec.73-ssec.6) In this section— prescribed period means— for the first investigation—5 years after the commencement; or for each investigation after the first investigation—3 years after the date of the report for the immediately preceding investigation.\n- (a) the amount of the scheme fund is adequate to achieve the main purposes of this Act mentioned in section 3 (a) to (d) ; and\n- (b) any of the following characteristics of the scheme fund should be changed— (i) the fund threshold applying to all or some of the authorities; (ii) the number of risk categories; (iii) the rate of contribution to the scheme fund; and\n- (i) the fund threshold applying to all or some of the authorities;\n- (ii) the number of risk categories;\n- (iii) the rate of contribution to the scheme fund; and\n- (c) the amounts of the assessment fee and administration fee are adequate to meet the cost of operating the scheme.\n- (i) the fund threshold applying to all or some of the authorities;\n- (ii) the number of risk categories;\n- (iii) the rate of contribution to the scheme fund; and\n- (a) the actuary’s report; and\n- (b) the scheme manager’s recommendations about— (i) the actuary’s opinion under subsection (3) (b) ; and (ii) any other matter relating to the operation of the scheme.\n- (i) the actuary’s opinion under subsection (3) (b) ; and\n- (ii) any other matter relating to the operation of the scheme.\n- (i) the actuary’s opinion under subsection (3) (b) ; and\n- (ii) any other matter relating to the operation of the scheme.\n- (a) for the first investigation—5 years after the commencement; or\n- (b) for each investigation after the first investigation—3 years after the date of the report for the immediately preceding investigation.","sortOrder":99},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":100},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Administration of residual risks fund","content":"# Administration of residual risks fund","sortOrder":101},{"sectionNumber":"sec.76A","sectionType":"section","heading":"Application of part","content":"### sec.76A Application of part\n\nThis part applies if a chief executive (resources) (the requesting entity ) incurs, or might reasonably incur, costs and expenses to carry out residual risk activities for the State.\ns 76A ins 2020 No. 26 s 114","sortOrder":102},{"sectionNumber":"sec.76B","sectionType":"section","heading":"Requesting entity may ask for payment from residual risks fund","content":"### sec.76B Requesting entity may ask for payment from residual risks fund\n\nThe requesting entity may ask the scheme manager for payment of the costs and expenses from the residual risks fund.\nThe request must—\nbe in writing; and\nstate the details of the costs and expenses; and\ninclude the other information prescribed by regulation.\ns 76B ins 2020 No. 26 s 114\n(sec.76B-ssec.1) The requesting entity may ask the scheme manager for payment of the costs and expenses from the residual risks fund.\n(sec.76B-ssec.2) The request must— be in writing; and state the details of the costs and expenses; and include the other information prescribed by regulation.\n- (a) be in writing; and\n- (b) state the details of the costs and expenses; and\n- (c) include the other information prescribed by regulation.","sortOrder":103},{"sectionNumber":"sec.76C","sectionType":"section","heading":"Decision of scheme manager","content":"### sec.76C Decision of scheme manager\n\nThe scheme manager must decide to authorise or not to authorise payment of the costs and expenses from the residual risks fund.\nThe scheme manager must decide to authorise payment of an amount for the costs and expenses unless the payment would adversely affect the financial viability of the residual risks fund.\nTo ensure the authorisation of a payment does not adversely affect the financial viability of the residual risks fund, the scheme manager may decide to—\nauthorise payment of an amount for only a part of the costs and expense; or\nauthorise payment of an amount for all or a part of the costs and expenses in instalments.\nIf the scheme manager decides to authorise payment of an amount for all or part of the costs and expenses, the scheme manager must give the amount decided to the requesting entity.\nIn making a decision under this section, the scheme manager must have regard to any guidelines made under section 76D .\ns 76C ins 2020 No. 26 s 114\n(sec.76C-ssec.1) The scheme manager must decide to authorise or not to authorise payment of the costs and expenses from the residual risks fund.\n(sec.76C-ssec.2) The scheme manager must decide to authorise payment of an amount for the costs and expenses unless the payment would adversely affect the financial viability of the residual risks fund.\n(sec.76C-ssec.3) To ensure the authorisation of a payment does not adversely affect the financial viability of the residual risks fund, the scheme manager may decide to— authorise payment of an amount for only a part of the costs and expense; or authorise payment of an amount for all or a part of the costs and expenses in instalments.\n(sec.76C-ssec.4) If the scheme manager decides to authorise payment of an amount for all or part of the costs and expenses, the scheme manager must give the amount decided to the requesting entity.\n(sec.76C-ssec.5) In making a decision under this section, the scheme manager must have regard to any guidelines made under section 76D .\n- (a) authorise payment of an amount for only a part of the costs and expense; or\n- (b) authorise payment of an amount for all or a part of the costs and expenses in instalments.","sortOrder":104},{"sectionNumber":"sec.76D","sectionType":"section","heading":"Guidelines","content":"### sec.76D Guidelines\n\nThe scheme manager may make guidelines about the administration of the residual risks fund.\nThe guidelines may be amended or replaced by later guidelines made under this section.\nThe guidelines are a statutory instrument under the Statutory Instruments Act 1992 .\ns 76D ins 2020 No. 26 s 114\n(sec.76D-ssec.1) The scheme manager may make guidelines about the administration of the residual risks fund.\n(sec.76D-ssec.2) The guidelines may be amended or replaced by later guidelines made under this section.\n(sec.76D-ssec.3) The guidelines are a statutory instrument under the Statutory Instruments Act 1992 .","sortOrder":105},{"sectionNumber":"sec.76E","sectionType":"section","heading":"Investigation of actuarial sustainability of residual risks fund","content":"### sec.76E Investigation of actuarial sustainability of residual risks fund\n\nThe scheme manager must, within the prescribed period, investigate the actuarial sustainability of the residual risks fund.\nFor subsection (1) , the scheme manager may ask an appropriately qualified actuary to give the scheme manager a report about the actuarial sustainability of the residual risks fund.\nIf the scheme manager decides to ask an appropriately qualified actuary to give the scheme manager a report under subsection (2) —\nthe scheme manager may ask the chief executive (environment) or a chief executive (resources) to provide information that may be relevant to the actuary’s report; and\nthe chief executive (environment) or the chief executive (resources) must provide the information requested.\nThe actuary’s report must include the actuary’s opinion about—\nwhether the amount of the residual risks fund is adequate to meet the State’s costs and expenses to carry out residual risk activities; and\nwhether any changes need to be made in relation to deciding residual risk payment amounts to ensure the amount of the residual risks fund is adequate to meet the State’s costs and expenses to carry out residual risk activities.\nAfter the scheme manager completes the investigation, the scheme manager must give the Minister—\nthe actuary’s report; and\nthe scheme manager’s recommendations about—\nthe actuary’s opinion under subsection (4) (b) ; and\nany other matter relating to the administration of the residual risks fund.\nThis section does not limit the scheme manager’s ability to make other inquiries about the administration of the residual risks fund.\nIn this section—\nprescribed period means—\nfor the first investigation—5 years after the first residual risk payment amount is paid into the residual risks fund; or\nfor each investigation after the first investigation—3 years after the date of the report for the immediately preceding investigation.\ns 76E ins 2020 No. 26 s 114\n(sec.76E-ssec.1) The scheme manager must, within the prescribed period, investigate the actuarial sustainability of the residual risks fund.\n(sec.76E-ssec.2) For subsection (1) , the scheme manager may ask an appropriately qualified actuary to give the scheme manager a report about the actuarial sustainability of the residual risks fund.\n(sec.76E-ssec.3) If the scheme manager decides to ask an appropriately qualified actuary to give the scheme manager a report under subsection (2) — the scheme manager may ask the chief executive (environment) or a chief executive (resources) to provide information that may be relevant to the actuary’s report; and the chief executive (environment) or the chief executive (resources) must provide the information requested.\n(sec.76E-ssec.4) The actuary’s report must include the actuary’s opinion about— whether the amount of the residual risks fund is adequate to meet the State’s costs and expenses to carry out residual risk activities; and whether any changes need to be made in relation to deciding residual risk payment amounts to ensure the amount of the residual risks fund is adequate to meet the State’s costs and expenses to carry out residual risk activities.\n(sec.76E-ssec.5) After the scheme manager completes the investigation, the scheme manager must give the Minister— the actuary’s report; and the scheme manager’s recommendations about— the actuary’s opinion under subsection (4) (b) ; and any other matter relating to the administration of the residual risks fund.\n(sec.76E-ssec.6) This section does not limit the scheme manager’s ability to make other inquiries about the administration of the residual risks fund.\n(sec.76E-ssec.7) In this section— prescribed period means— for the first investigation—5 years after the first residual risk payment amount is paid into the residual risks fund; or for each investigation after the first investigation—3 years after the date of the report for the immediately preceding investigation. s 76E ins 2020 No. 26 s 114\n- (a) the scheme manager may ask the chief executive (environment) or a chief executive (resources) to provide information that may be relevant to the actuary’s report; and\n- (b) the chief executive (environment) or the chief executive (resources) must provide the information requested.\n- (a) whether the amount of the residual risks fund is adequate to meet the State’s costs and expenses to carry out residual risk activities; and\n- (b) whether any changes need to be made in relation to deciding residual risk payment amounts to ensure the amount of the residual risks fund is adequate to meet the State’s costs and expenses to carry out residual risk activities.\n- (a) the actuary’s report; and\n- (b) the scheme manager’s recommendations about— (i) the actuary’s opinion under subsection (4) (b) ; and (ii) any other matter relating to the administration of the residual risks fund.\n- (i) the actuary’s opinion under subsection (4) (b) ; and\n- (ii) any other matter relating to the administration of the residual risks fund.\n- (i) the actuary’s opinion under subsection (4) (b) ; and\n- (ii) any other matter relating to the administration of the residual risks fund.\n- (a) for the first investigation—5 years after the first residual risk payment amount is paid into the residual risks fund; or\n- (b) for each investigation after the first investigation—3 years after the date of the report for the immediately preceding investigation.","sortOrder":106},{"sectionNumber":"pt.3B","sectionType":"part","heading":"Effect of decisions of scheme manager","content":"# Effect of decisions of scheme manager","sortOrder":107},{"sectionNumber":"sec.76F","sectionType":"section","heading":"Application for judicial review of particular decisions","content":"### sec.76F Application for judicial review of particular decisions\n\nA dissatisfied person may apply for review under the Judicial Review Act 1991 of the following decisions of the scheme manager—\nan initial risk category allocation;\na changed holder allocation;\nan annual review allocation;\na decision about the annual review allocation day for an authority under section 27A or 32 (4) (b) ;\na decision to change the annual review allocation day for an authority under part 3 , division 1 , subdivision 3A .\nIn this section—\ndissatisfied person means—\nfor an initial risk category allocation—the holder of the authority for which the allocation is made; or\nfor a changed holder allocation—the interested entity for which the allocation is made; or\nfor an annual review allocation—the holder of the authority for which the allocation is made; or\nfor a decision about the annual review allocation day for an authority under section 27A —the holder of the authority; or\nfor a decision about the annual review allocation day under section 32 (4) (b) —the interested entity for which the decision is made; or\nfor a decision to change the annual review allocation day for an authority under part 3 , division 1 , subdivision 3A —the holder of the authority or, if section 41D applies, the changed holder for the authority.\ns 76F (prev s 74) reloc and renum 2020 No. 26 s 111\namd 2024 No. 33 s 125\n(sec.76F-ssec.1) A dissatisfied person may apply for review under the Judicial Review Act 1991 of the following decisions of the scheme manager— an initial risk category allocation; a changed holder allocation; an annual review allocation; a decision about the annual review allocation day for an authority under section 27A or 32 (4) (b) ; a decision to change the annual review allocation day for an authority under part 3 , division 1 , subdivision 3A .\n(sec.76F-ssec.2) In this section— dissatisfied person means— for an initial risk category allocation—the holder of the authority for which the allocation is made; or for a changed holder allocation—the interested entity for which the allocation is made; or for an annual review allocation—the holder of the authority for which the allocation is made; or for a decision about the annual review allocation day for an authority under section 27A —the holder of the authority; or for a decision about the annual review allocation day under section 32 (4) (b) —the interested entity for which the decision is made; or for a decision to change the annual review allocation day for an authority under part 3 , division 1 , subdivision 3A —the holder of the authority or, if section 41D applies, the changed holder for the authority.\n- (a) an initial risk category allocation;\n- (b) a changed holder allocation;\n- (c) an annual review allocation;\n- (d) a decision about the annual review allocation day for an authority under section 27A or 32 (4) (b) ;\n- (e) a decision to change the annual review allocation day for an authority under part 3 , division 1 , subdivision 3A .\n- (a) for an initial risk category allocation—the holder of the authority for which the allocation is made; or\n- (b) for a changed holder allocation—the interested entity for which the allocation is made; or\n- (c) for an annual review allocation—the holder of the authority for which the allocation is made; or\n- (d) for a decision about the annual review allocation day for an authority under section 27A —the holder of the authority; or\n- (e) for a decision about the annual review allocation day under section 32 (4) (b) —the interested entity for which the decision is made; or\n- (f) for a decision to change the annual review allocation day for an authority under part 3 , division 1 , subdivision 3A —the holder of the authority or, if section 41D applies, the changed holder for the authority.","sortOrder":108},{"sectionNumber":"sec.76G","sectionType":"section","heading":"Decisions of scheme manager otherwise final","content":"### sec.76G Decisions of scheme manager otherwise final\n\nThis section is subject to section 76F .\nUnless the Supreme Court decides a decision of the scheme manager under this Act is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe Judicial Review Act 1991 , part 5 applies to a decision of the scheme manager under this part to the extent it is affected by jurisdictional error.\ns 76G (prev s 75) amd 2020 No. 26 s 112 (1)\nreloc and renum 2020 No. 26 s 112 (2)\n(sec.76G-ssec.1) This section is subject to section 76F .\n(sec.76G-ssec.2) Unless the Supreme Court decides a decision of the scheme manager under this Act is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.76G-ssec.3) The Judicial Review Act 1991 , part 5 applies to a decision of the scheme manager under this part to the extent it is affected by jurisdictional error.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":109},{"sectionNumber":"sec.76H","sectionType":"section","heading":"No stay of decisions","content":"### sec.76H No stay of decisions\n\nA decision mentioned in section 76F must not be stayed.\ns 76H (prev s 76) amd 2020 No. 26 s 113 (1)\nreloc and renum 2020 No. 26 s 113 (2)\n(sec.76H-ssec) A decision mentioned in section 76F must not be stayed.","sortOrder":110},{"sectionNumber":"pt.4","sectionType":"part","heading":"Offences and proceedings","content":"# Offences and proceedings","sortOrder":111},{"sectionNumber":"sec.77","sectionType":"section","heading":"False or misleading statements","content":"### sec.77 False or misleading statements\n\nA person must not, in relation to the administration of this Act—\nstate anything to the scheme manager the person knows, or should reasonably know, is false or misleading in a material particular; or\nomit from a statement made to the scheme manager anything without which the statement is, to the person’s knowledge, misleading in a material particular.\nMaximum penalty—100 penalty units.\n- (a) state anything to the scheme manager the person knows, or should reasonably know, is false or misleading in a material particular; or\n- (b) omit from a statement made to the scheme manager anything without which the statement is, to the person’s knowledge, misleading in a material particular.","sortOrder":112},{"sectionNumber":"sec.78","sectionType":"section","heading":"False or misleading documents","content":"### sec.78 False or misleading documents\n\nA person must not, in relation to the administration of this Act, give to the scheme manager a document containing information the person knows, or should reasonably know, is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ninforms the scheme manager, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information, gives the correct information.\n(sec.78-ssec.1) A person must not, in relation to the administration of this Act, give to the scheme manager a document containing information the person knows, or should reasonably know, is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.78-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— informs the scheme manager, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information, gives the correct information.\n- (a) informs the scheme manager, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information, gives the correct information.","sortOrder":113},{"sectionNumber":"pt.5","sectionType":"part","heading":"Confidentiality","content":"# Confidentiality","sortOrder":114},{"sectionNumber":"sec.79","sectionType":"section","heading":"Definitions for part","content":"### sec.79 Definitions for part\n\nIn this part—\nconfidential information —\nmeans information—\nabout a person’s commercial, business or financial affairs; or\ndisclosed to, or in the possession or under the control of, the scheme manager under part 3 or 3A ; or\nabout an allocation decision for an authority; or\nabout a contribution paid, or a surety given, under part 3 ; or\nabout an investigation, or report, under section 73 or 76E ; or\nabout a function of the scheme manager under section 21 (1) (e) ; and\ndoes not include—\nstatistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or\ninformation that is publicly available.\ns 79 def confidential information amd 2020 No. 26 s 115\ndisclose includes give access to.\ninformation includes a document.\n- (a) means information— (i) about a person’s commercial, business or financial affairs; or (ii) disclosed to, or in the possession or under the control of, the scheme manager under part 3 or 3A ; or (iia) about an allocation decision for an authority; or (iii) about a contribution paid, or a surety given, under part 3 ; or (iv) about an investigation, or report, under section 73 or 76E ; or (v) about a function of the scheme manager under section 21 (1) (e) ; and\n- (i) about a person’s commercial, business or financial affairs; or\n- (ii) disclosed to, or in the possession or under the control of, the scheme manager under part 3 or 3A ; or\n- (iia) about an allocation decision for an authority; or\n- (iii) about a contribution paid, or a surety given, under part 3 ; or\n- (iv) about an investigation, or report, under section 73 or 76E ; or\n- (v) about a function of the scheme manager under section 21 (1) (e) ; and\n- (b) does not include— (i) statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or (ii) information that is publicly available.\n- (i) statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or\n- (ii) information that is publicly available.\n- (i) about a person’s commercial, business or financial affairs; or\n- (ii) disclosed to, or in the possession or under the control of, the scheme manager under part 3 or 3A ; or\n- (iia) about an allocation decision for an authority; or\n- (iii) about a contribution paid, or a surety given, under part 3 ; or\n- (iv) about an investigation, or report, under section 73 or 76E ; or\n- (v) about a function of the scheme manager under section 21 (1) (e) ; and\n- (i) statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or\n- (ii) information that is publicly available.","sortOrder":115},{"sectionNumber":"sec.80","sectionType":"section","heading":"Duty of confidentiality","content":"### sec.80 Duty of confidentiality\n\nThis section applies to a person who—\nis, or has been, any of the following persons performing functions under or relating to the administration of this Act—\nthe scheme manager;\nan acting scheme manager;\nthe chief executive;\na public service employee of the department;\nan actuary asked to give the scheme manager a report under section 73 or 76E ;\na person engaged under a contract of service to perform work for the scheme manager;\na person to whom the scheme manager delegates a function;\na member of the advisory committee; and\nin that capacity, acquires confidential information or has access to, or custody of, confidential information.\nThe person must not use or disclose the confidential information, other than under this part.\nMaximum penalty—100 penalty units.\ns 80 amd 2020 No. 26 s 116\n(sec.80-ssec.1) This section applies to a person who— is, or has been, any of the following persons performing functions under or relating to the administration of this Act— the scheme manager; an acting scheme manager; the chief executive; a public service employee of the department; an actuary asked to give the scheme manager a report under section 73 or 76E ; a person engaged under a contract of service to perform work for the scheme manager; a person to whom the scheme manager delegates a function; a member of the advisory committee; and in that capacity, acquires confidential information or has access to, or custody of, confidential information.\n(sec.80-ssec.2) The person must not use or disclose the confidential information, other than under this part. Maximum penalty—100 penalty units.\n- (a) is, or has been, any of the following persons performing functions under or relating to the administration of this Act— (i) the scheme manager; (ii) an acting scheme manager; (iii) the chief executive; (iv) a public service employee of the department; (v) an actuary asked to give the scheme manager a report under section 73 or 76E ; (vi) a person engaged under a contract of service to perform work for the scheme manager; (vii) a person to whom the scheme manager delegates a function; (viii) a member of the advisory committee; and\n- (i) the scheme manager;\n- (ii) an acting scheme manager;\n- (iii) the chief executive;\n- (iv) a public service employee of the department;\n- (v) an actuary asked to give the scheme manager a report under section 73 or 76E ;\n- (vi) a person engaged under a contract of service to perform work for the scheme manager;\n- (vii) a person to whom the scheme manager delegates a function;\n- (viii) a member of the advisory committee; and\n- (b) in that capacity, acquires confidential information or has access to, or custody of, confidential information.\n- (i) the scheme manager;\n- (ii) an acting scheme manager;\n- (iii) the chief executive;\n- (iv) a public service employee of the department;\n- (v) an actuary asked to give the scheme manager a report under section 73 or 76E ;\n- (vi) a person engaged under a contract of service to perform work for the scheme manager;\n- (vii) a person to whom the scheme manager delegates a function;\n- (viii) a member of the advisory committee; and","sortOrder":116},{"sectionNumber":"sec.81","sectionType":"section","heading":"Use or disclosure for authorised purpose","content":"### sec.81 Use or disclosure for authorised purpose\n\nThe person may use or disclose the confidential information as follows—\nto the extent the use or disclosure is required or permitted under this Act or necessary to perform the person’s functions under this Act;\nif the information relates to an adult—with the adult’s consent;\nif the information relates to an entity other than an individual—with the entity’s consent;\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal;\nif otherwise required or permitted under another law.\n- (a) to the extent the use or disclosure is required or permitted under this Act or necessary to perform the person’s functions under this Act;\n- (b) if the information relates to an adult—with the adult’s consent;\n- (c) if the information relates to an entity other than an individual—with the entity’s consent;\n- (d) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal;\n- (e) if otherwise required or permitted under another law.","sortOrder":117},{"sectionNumber":"sec.82","sectionType":"section","heading":"Disclosure to particular chief executives of departments to assist in performance of functions","content":"### sec.82 Disclosure to particular chief executives of departments to assist in performance of functions\n\nThe scheme manager may disclose the confidential information to—\nthe chief executive (environment) if the scheme manager is satisfied the disclosure would assist in the performance of the chief executive’s functions under the Environmental Protection Act 1994 ; or\nthe chief executive (mineral resources), the chief executive (petroleum) or the chief executive (common provisions) if the scheme manager is satisfied the disclosure would assist in the performance of the chief executive’s functions under the Mineral and Energy Resources (Common Provisions) Act 2014 or a Resource Act.\nA person who acquires the confidential information mentioned in subsection (1) , or has access to, or custody of, the confidential information, must not use or disclose the confidential information, other than under subsection (1) .\nMaximum penalty—100 penalty units.\nIn this section—\nResource Act see the Mineral and Energy Resources (Common Provisions) Act 2014 , section 9 .\ns 82 amd 2020 No. 26 s 118 sch 1\n(sec.82-ssec.1) The scheme manager may disclose the confidential information to— the chief executive (environment) if the scheme manager is satisfied the disclosure would assist in the performance of the chief executive’s functions under the Environmental Protection Act 1994 ; or the chief executive (mineral resources), the chief executive (petroleum) or the chief executive (common provisions) if the scheme manager is satisfied the disclosure would assist in the performance of the chief executive’s functions under the Mineral and Energy Resources (Common Provisions) Act 2014 or a Resource Act.\n(sec.82-ssec.2) A person who acquires the confidential information mentioned in subsection (1) , or has access to, or custody of, the confidential information, must not use or disclose the confidential information, other than under subsection (1) . Maximum penalty—100 penalty units.\n(sec.82-ssec.3) In this section— Resource Act see the Mineral and Energy Resources (Common Provisions) Act 2014 , section 9 .\n- (a) the chief executive (environment) if the scheme manager is satisfied the disclosure would assist in the performance of the chief executive’s functions under the Environmental Protection Act 1994 ; or\n- (b) the chief executive (mineral resources), the chief executive (petroleum) or the chief executive (common provisions) if the scheme manager is satisfied the disclosure would assist in the performance of the chief executive’s functions under the Mineral and Energy Resources (Common Provisions) Act 2014 or a Resource Act.","sortOrder":118},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":119},{"sectionNumber":"sec.83","sectionType":"section","heading":"Advisory committee","content":"### sec.83 Advisory committee\n\nThe chief executive must establish an advisory committee to give advice—\nunder section 64 to a requesting entity; or\nto the scheme manager about the operation of the scheme.\nThe advisory committee is to consist of at least 5 appropriately qualified persons appointed by the Minister.\nThe persons appointed under subsection (2) must include at least—\n1 person nominated by an organisation representing environmental interests in Queensland; and\n1 person nominated by an organisation representing the interests of the mineral and energy resources sector in Queensland.\nThe Minister must appoint 1 of the members of the advisory committee as chairperson.\nThe terms on which the members of the advisory committee hold office are to be decided by the Minister.\nHowever, a member of the advisory committee is—\nnot entitled to be paid remuneration; and\nentitled to be paid expenses.\n(sec.83-ssec.1) The chief executive must establish an advisory committee to give advice— under section 64 to a requesting entity; or to the scheme manager about the operation of the scheme.\n(sec.83-ssec.2) The advisory committee is to consist of at least 5 appropriately qualified persons appointed by the Minister.\n(sec.83-ssec.3) The persons appointed under subsection (2) must include at least— 1 person nominated by an organisation representing environmental interests in Queensland; and 1 person nominated by an organisation representing the interests of the mineral and energy resources sector in Queensland.\n(sec.83-ssec.4) The Minister must appoint 1 of the members of the advisory committee as chairperson.\n(sec.83-ssec.5) The terms on which the members of the advisory committee hold office are to be decided by the Minister.\n(sec.83-ssec.6) However, a member of the advisory committee is— not entitled to be paid remuneration; and entitled to be paid expenses.\n- (a) under section 64 to a requesting entity; or\n- (b) to the scheme manager about the operation of the scheme.\n- (a) 1 person nominated by an organisation representing environmental interests in Queensland; and\n- (b) 1 person nominated by an organisation representing the interests of the mineral and energy resources sector in Queensland.\n- (a) not entitled to be paid remuneration; and\n- (b) entitled to be paid expenses.","sortOrder":120},{"sectionNumber":"sec.83A","sectionType":"section","heading":"Scheme manager to keep Minister informed","content":"### sec.83A Scheme manager to keep Minister informed\n\nThe scheme manager must—\nkeep the Minister reasonably informed of the operations, financial performance and financial position of the scheme and the residual risks fund; and\ngive the Minister reports and information the Minister requires to help the Minister make informed assessments of the matters mentioned in paragraph (a) ; and\nif matters arise that in the scheme manager’s opinion may significantly affect the financial viability of the scheme fund or the residual risks fund—immediately inform the Minister of the matters and the scheme manager’s opinion in relation to them.\nSubsection (1) does not limit the matters of which the scheme manager is required to keep the Minister informed, or limit the reports or information the scheme manager is required, or may be required, to give to the Minister under another Act.\ns 83A (prev s 71) amd 2020 No. 26 s 108 (1) – (2)\nreloc and renum 2020 No. 26 s 108 (3)\n(sec.83A-ssec.1) The scheme manager must— keep the Minister reasonably informed of the operations, financial performance and financial position of the scheme and the residual risks fund; and give the Minister reports and information the Minister requires to help the Minister make informed assessments of the matters mentioned in paragraph (a) ; and if matters arise that in the scheme manager’s opinion may significantly affect the financial viability of the scheme fund or the residual risks fund—immediately inform the Minister of the matters and the scheme manager’s opinion in relation to them.\n(sec.83A-ssec.2) Subsection (1) does not limit the matters of which the scheme manager is required to keep the Minister informed, or limit the reports or information the scheme manager is required, or may be required, to give to the Minister under another Act.\n- (a) keep the Minister reasonably informed of the operations, financial performance and financial position of the scheme and the residual risks fund; and\n- (b) give the Minister reports and information the Minister requires to help the Minister make informed assessments of the matters mentioned in paragraph (a) ; and\n- (c) if matters arise that in the scheme manager’s opinion may significantly affect the financial viability of the scheme fund or the residual risks fund—immediately inform the Minister of the matters and the scheme manager’s opinion in relation to them.","sortOrder":121},{"sectionNumber":"sec.83B","sectionType":"section","heading":"Annual report","content":"### sec.83B Annual report\n\nFor each financial year, the scheme manager must give the Minister a report on the administration of this Act, the scheme and the residual risks fund during the financial year.\nThe report must include—\ninformation relating to an investigation under section 73 or 76E by the scheme manager, including, for example—\nthe actuary’s opinions; and\nthe scheme manager’s recommendations; and\nany action taken in response to the scheme manager’s recommendations; and\na summary of information received from the public during the financial year of the report about the effectiveness of the scheme or the residual risks fund; and\nthe other information prescribed by regulation.\nThe report must be given to the Minister within 3 months after the end of the financial year.\nThe report must be published on the department’s website as soon as practicable after it is given to the Minister.\ns 83B (prev s 72) amd 2020 No. 26 s 109 (1) – (4)\nreloc and renum 2020 No. 26 s 109 (5)\n(sec.83B-ssec.1) For each financial year, the scheme manager must give the Minister a report on the administration of this Act, the scheme and the residual risks fund during the financial year.\n(sec.83B-ssec.2) The report must include— information relating to an investigation under section 73 or 76E by the scheme manager, including, for example— the actuary’s opinions; and the scheme manager’s recommendations; and any action taken in response to the scheme manager’s recommendations; and a summary of information received from the public during the financial year of the report about the effectiveness of the scheme or the residual risks fund; and the other information prescribed by regulation.\n(sec.83B-ssec.3) The report must be given to the Minister within 3 months after the end of the financial year.\n(sec.83B-ssec.4) The report must be published on the department’s website as soon as practicable after it is given to the Minister.\n- (a) information relating to an investigation under section 73 or 76E by the scheme manager, including, for example— (i) the actuary’s opinions; and (ii) the scheme manager’s recommendations; and (iii) any action taken in response to the scheme manager’s recommendations; and\n- (i) the actuary’s opinions; and\n- (ii) the scheme manager’s recommendations; and\n- (iii) any action taken in response to the scheme manager’s recommendations; and\n- (b) a summary of information received from the public during the financial year of the report about the effectiveness of the scheme or the residual risks fund; and\n- (c) the other information prescribed by regulation.\n- (i) the actuary’s opinions; and\n- (ii) the scheme manager’s recommendations; and\n- (iii) any action taken in response to the scheme manager’s recommendations; and","sortOrder":122},{"sectionNumber":"sec.84","sectionType":"section","heading":"Delegation","content":"### sec.84 Delegation\n\nThe scheme manager may delegate the scheme manager’s functions under this Act to an appropriately qualified person.\nIn this section—\nfunction includes power.\n(sec.84-ssec.1) The scheme manager may delegate the scheme manager’s functions under this Act to an appropriately qualified person.\n(sec.84-ssec.2) In this section— function includes power.","sortOrder":123},{"sectionNumber":"sec.85","sectionType":"section","heading":"Protection from liability","content":"### sec.85 Protection from liability\n\nA protected person does not incur civil liability for an act done, or omission made, in good faith under this Act.\nIf subsection (1) prevents a civil liability attaching to a protected person, the liability attaches instead to the State.\nThe Public Sector Act 2022 , section 269 does not apply to a protected person who is a prescribed person under section 267 of that Act.\nIn this section—\nprotected person means—\nthe scheme manager; or\nan acting scheme manager; or\na person to whom the scheme manager delegates a function under section 84 ; or\na member of the advisory committee.\ns 85 amd 2022 No. 34 s 365 sch 3\n(sec.85-ssec.1) A protected person does not incur civil liability for an act done, or omission made, in good faith under this Act.\n(sec.85-ssec.2) If subsection (1) prevents a civil liability attaching to a protected person, the liability attaches instead to the State.\n(sec.85-ssec.3) The Public Sector Act 2022 , section 269 does not apply to a protected person who is a prescribed person under section 267 of that Act.\n(sec.85-ssec.4) In this section— protected person means— the scheme manager; or an acting scheme manager; or a person to whom the scheme manager delegates a function under section 84 ; or a member of the advisory committee.\n- (a) the scheme manager; or\n- (b) an acting scheme manager; or\n- (c) a person to whom the scheme manager delegates a function under section 84 ; or\n- (d) a member of the advisory committee.","sortOrder":124},{"sectionNumber":"sec.86","sectionType":"section","heading":"Approved forms","content":"### sec.86 Approved forms\n\nThe scheme manager may approve forms for use under this Act.","sortOrder":125},{"sectionNumber":"sec.86A","sectionType":"section","heading":"Combined notices","content":"### sec.86A Combined notices\n\nIf the scheme manager is required under this Act to give an entity notices under more than 1 provision in relation to an authority, the scheme manager may give the entity a combined notice for the provisions.\ns 86A ins 2024 No. 33 s 126","sortOrder":126},{"sectionNumber":"sec.87","sectionType":"section","heading":"Regulation-making power","content":"### sec.87 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprescribe fees payable under the Act ; and\nprovide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n(sec.87-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.87-ssec.2) A regulation may— prescribe fees payable under the Act ; and provide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n- (a) prescribe fees payable under the Act ; and\n- (b) provide for a maximum penalty of 20 penalty units for a contravention of a regulation.","sortOrder":127},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 exp 1 April 2021 (see s 88(4))","sortOrder":128},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":129},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 30 of 2018","content":"## Transitional provisions for Act No. 30 of 2018","sortOrder":130},{"sectionNumber":"sec.89","sectionType":"section","heading":"Application of division","content":"### sec.89 Application of division\n\nThis division applies to—\na financial assurance given under the pre-amended Act, chapter 5 , part 12 by the holder of an environmental authority for a resource activity if, immediately before the commencement, the financial assurance was in effect; and\na financial assurance given under the pre-amended Act, section 21A (2) by the holder of a small scale mining tenure if, immediately before the commencement, the financial assurance was in effect; and\na financial assurance given by the holder of an environmental authority after the commencement if the administering authority decided, whether before or after the commencement, the amount and form of the financial assurance under the pre-amended Act, chapter 5 , part 12 , division 2 , subdivision 2 .\nSee the Environmental Protection Act 1994 , sections 757 and 758.\nIn this section—\npre-amended Act means the Environmental Protection Act 1994 as in force before the commencement.\ns 89 amd 2024 No. 33 s 128\n(sec.89-ssec.1) This division applies to— a financial assurance given under the pre-amended Act, chapter 5 , part 12 by the holder of an environmental authority for a resource activity if, immediately before the commencement, the financial assurance was in effect; and a financial assurance given under the pre-amended Act, section 21A (2) by the holder of a small scale mining tenure if, immediately before the commencement, the financial assurance was in effect; and a financial assurance given by the holder of an environmental authority after the commencement if the administering authority decided, whether before or after the commencement, the amount and form of the financial assurance under the pre-amended Act, chapter 5 , part 12 , division 2 , subdivision 2 . See the Environmental Protection Act 1994 , sections 757 and 758.\n(sec.89-ssec.2) In this section— pre-amended Act means the Environmental Protection Act 1994 as in force before the commencement.\n- (a) a financial assurance given under the pre-amended Act, chapter 5 , part 12 by the holder of an environmental authority for a resource activity if, immediately before the commencement, the financial assurance was in effect; and\n- (b) a financial assurance given under the pre-amended Act, section 21A (2) by the holder of a small scale mining tenure if, immediately before the commencement, the financial assurance was in effect; and\n- (c) a financial assurance given by the holder of an environmental authority after the commencement if the administering authority decided, whether before or after the commencement, the amount and form of the financial assurance under the pre-amended Act, chapter 5 , part 12 , division 2 , subdivision 2 . Note— See the Environmental Protection Act 1994 , sections 757 and 758.","sortOrder":131},{"sectionNumber":"sec.90","sectionType":"section","heading":"Financial assurance taken to be surety given under this Act","content":"### sec.90 Financial assurance taken to be surety given under this Act\n\nThe financial assurance is taken to be a surety given under part 3 for the authority or small scale mining tenure.\nThis Act applies in relation to the surety.\nHowever, it does not matter if the surety is not in a form approved by the scheme manager under section 56.\nAlso, an administration fee is not payable for the surety.\nWithout limiting subsection (2), the scheme manager may make a claim on or realise the surety or part of it under part 3, division 3, subdivision 2.\nAn instrument comprising or relating to the surety must be interpreted, and takes effect, as if it were amended to the extent necessary for this section.\nWithout limiting subsection (6)—\nsubsection (2) applies despite the terms of an instrument comprising or relating to the surety, including, for example, a term that the surety or its benefit is not transferable; and\nthe surety is taken to have been given for valuable consideration and any instrument granting it is taken to have been executed as a deed under seal by each party to the instrument; and\nthis section, or anything done under it, does not—\ndischarge the surety; or\ndischarge or release the surety or other obligee, wholly or partly, from an obligation; or\nfulfil a condition allowing a person to—\nterminate an instrument comprising or relating to the surety; or\nbe released, wholly or partly, from an obligation; or\nmodify the operation or effect of an instrument comprising or relating to the surety, or an obligation; and\nif the advice or consent of, or giving notice to, a person would be necessary to give effect to the giving of the surety—\nthe advice is taken to have been obtained; and\nthe consent or notice is taken to have been given.\nIf the surety is in the form of a cash payment, the giver of the surety is not entitled to interest on the amount of the surety accrued after the commencement.\n(sec.90-ssec.1) The financial assurance is taken to be a surety given under part 3 for the authority or small scale mining tenure.\n(sec.90-ssec.2) This Act applies in relation to the surety.\n(sec.90-ssec.3) However, it does not matter if the surety is not in a form approved by the scheme manager under section 56.\n(sec.90-ssec.4) Also, an administration fee is not payable for the surety.\n(sec.90-ssec.5) Without limiting subsection (2), the scheme manager may make a claim on or realise the surety or part of it under part 3, division 3, subdivision 2.\n(sec.90-ssec.6) An instrument comprising or relating to the surety must be interpreted, and takes effect, as if it were amended to the extent necessary for this section.\n(sec.90-ssec.7) Without limiting subsection (6)— subsection (2) applies despite the terms of an instrument comprising or relating to the surety, including, for example, a term that the surety or its benefit is not transferable; and the surety is taken to have been given for valuable consideration and any instrument granting it is taken to have been executed as a deed under seal by each party to the instrument; and this section, or anything done under it, does not— discharge the surety; or discharge or release the surety or other obligee, wholly or partly, from an obligation; or fulfil a condition allowing a person to— terminate an instrument comprising or relating to the surety; or be released, wholly or partly, from an obligation; or modify the operation or effect of an instrument comprising or relating to the surety, or an obligation; and if the advice or consent of, or giving notice to, a person would be necessary to give effect to the giving of the surety— the advice is taken to have been obtained; and the consent or notice is taken to have been given.\n(sec.90-ssec.8) If the surety is in the form of a cash payment, the giver of the surety is not entitled to interest on the amount of the surety accrued after the commencement.\n- (a) subsection (2) applies despite the terms of an instrument comprising or relating to the surety, including, for example, a term that the surety or its benefit is not transferable; and\n- (b) the surety is taken to have been given for valuable consideration and any instrument granting it is taken to have been executed as a deed under seal by each party to the instrument; and\n- (c) this section, or anything done under it, does not— (i) discharge the surety; or (ii) discharge or release the surety or other obligee, wholly or partly, from an obligation; or (iii) fulfil a condition allowing a person to— (A) terminate an instrument comprising or relating to the surety; or (B) be released, wholly or partly, from an obligation; or (C) modify the operation or effect of an instrument comprising or relating to the surety, or an obligation; and\n- (i) discharge the surety; or\n- (ii) discharge or release the surety or other obligee, wholly or partly, from an obligation; or\n- (iii) fulfil a condition allowing a person to— (A) terminate an instrument comprising or relating to the surety; or (B) be released, wholly or partly, from an obligation; or (C) modify the operation or effect of an instrument comprising or relating to the surety, or an obligation; and\n- (A) terminate an instrument comprising or relating to the surety; or\n- (B) be released, wholly or partly, from an obligation; or\n- (C) modify the operation or effect of an instrument comprising or relating to the surety, or an obligation; and\n- (d) if the advice or consent of, or giving notice to, a person would be necessary to give effect to the giving of the surety— (i) the advice is taken to have been obtained; and (ii) the consent or notice is taken to have been given.\n- (i) the advice is taken to have been obtained; and\n- (ii) the consent or notice is taken to have been given.\n- (i) discharge the surety; or\n- (ii) discharge or release the surety or other obligee, wholly or partly, from an obligation; or\n- (iii) fulfil a condition allowing a person to— (A) terminate an instrument comprising or relating to the surety; or (B) be released, wholly or partly, from an obligation; or (C) modify the operation or effect of an instrument comprising or relating to the surety, or an obligation; and\n- (A) terminate an instrument comprising or relating to the surety; or\n- (B) be released, wholly or partly, from an obligation; or\n- (C) modify the operation or effect of an instrument comprising or relating to the surety, or an obligation; and\n- (A) terminate an instrument comprising or relating to the surety; or\n- (B) be released, wholly or partly, from an obligation; or\n- (C) modify the operation or effect of an instrument comprising or relating to the surety, or an obligation; and\n- (i) the advice is taken to have been obtained; and\n- (ii) the consent or notice is taken to have been given.","sortOrder":132},{"sectionNumber":"sec.91","sectionType":"section","heading":"Initial allocation decision not required until scheme manager gives transition notice","content":"### sec.91 Initial allocation decision not required until scheme manager gives transition notice\n\nThis section applies to an environmental authority mentioned in section 89(1)(a) or (c) if the estimated rehabilitation cost for the authority, as mentioned in the Environmental Protection Act 1994 , section 761(3)(a) or 762(3)(a)(i), is equal to or more than the prescribed ERC amount.\nDespite sections 26 and 27, the scheme manager is not required to make an initial allocation decision for the authority unless the scheme manager gives the holder of the authority a notice (a transition notice ) for the authority.\nThe transition notice must state—\nthat the scheme manager intends to start making an initial allocation decision for the authority; and\nthe day on which the scheme manager intends to start making the initial allocation decision.\nThe transition notice for the authority must be given within 3 years after the commencement.\nUntil the scheme manager makes an initial allocation decision for the authority, the holder of the authority must give a surety for the authority in the amount of the estimated rehabilitation cost for the authority.\nIf a surety is given under subsection (5) after the day this section commences, the surety must be in a form approved by the scheme manager under section 56.\nThe surety must be given within 30 business days after the day the administering authority decides the estimated rehabilitation cost for the authority.\nThe scheme manager may extend the period mentioned in subsection (7) if the scheme manager is satisfied it is not reasonably practicable for the holder to obtain a surety within the period.\n(sec.91-ssec.1) This section applies to an environmental authority mentioned in section 89(1)(a) or (c) if the estimated rehabilitation cost for the authority, as mentioned in the Environmental Protection Act 1994 , section 761(3)(a) or 762(3)(a)(i), is equal to or more than the prescribed ERC amount.\n(sec.91-ssec.2) Despite sections 26 and 27, the scheme manager is not required to make an initial allocation decision for the authority unless the scheme manager gives the holder of the authority a notice (a transition notice ) for the authority.\n(sec.91-ssec.3) The transition notice must state— that the scheme manager intends to start making an initial allocation decision for the authority; and the day on which the scheme manager intends to start making the initial allocation decision.\n(sec.91-ssec.4) The transition notice for the authority must be given within 3 years after the commencement.\n(sec.91-ssec.5) Until the scheme manager makes an initial allocation decision for the authority, the holder of the authority must give a surety for the authority in the amount of the estimated rehabilitation cost for the authority.\n(sec.91-ssec.6) If a surety is given under subsection (5) after the day this section commences, the surety must be in a form approved by the scheme manager under section 56.\n(sec.91-ssec.7) The surety must be given within 30 business days after the day the administering authority decides the estimated rehabilitation cost for the authority.\n(sec.91-ssec.8) The scheme manager may extend the period mentioned in subsection (7) if the scheme manager is satisfied it is not reasonably practicable for the holder to obtain a surety within the period.\n- (a) that the scheme manager intends to start making an initial allocation decision for the authority; and\n- (b) the day on which the scheme manager intends to start making the initial allocation decision.","sortOrder":133},{"sectionNumber":"sec.92","sectionType":"section","heading":"Scheme manager may require further information from holder before allocation decision","content":"### sec.92 Scheme manager may require further information from holder before allocation decision\n\nSection 44 applies to—\nthe holder of an environmental authority mentioned in section 89(1)(a) from the commencement; and\nthe holder of an environmental authority mentioned in section 89(1)(c) from the later of the following—\nthe commencement;\nthe day the administering authority gives a notice of a decision about the amount and form of the financial assurance to the holder of the authority.\n- (a) the holder of an environmental authority mentioned in section 89(1)(a) from the commencement; and\n- (b) the holder of an environmental authority mentioned in section 89(1)(c) from the later of the following— (i) the commencement; (ii) the day the administering authority gives a notice of a decision about the amount and form of the financial assurance to the holder of the authority.\n- (i) the commencement;\n- (ii) the day the administering authority gives a notice of a decision about the amount and form of the financial assurance to the holder of the authority.\n- (i) the commencement;\n- (ii) the day the administering authority gives a notice of a decision about the amount and form of the financial assurance to the holder of the authority.","sortOrder":134},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024","content":"## Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024","sortOrder":135},{"sectionNumber":"sec.93","sectionType":"section","heading":"Definitions for division","content":"### sec.93 Definitions for division\n\nIn this division—\nallocation process , for an authority, means the process for making an initial allocation decision under former part 3, division 1, subdivision 1 for the authority.\namendment Act means the Mineral and Energy Resources and Other Legislation Amendment Act 2024 .\nannual review process , for an authority, means the process for making an annual review decision under former part 3, division 1, subdivision 3 for the authority.\nchanged holder review process , for an authority in relation to which a changed holder event happens or is proposed, means the process for making a changed holder review allocation under former part 3, division 1, subdivision 2 in relation to the changed holder event, including because of an application made under former section 33.\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\nrelevant anniversary day , for an authority, means the anniversary day within the meaning of former section 38(7) first occurring after the commencement.\ns 93 ins 2024 No. 33 s 129","sortOrder":136},{"sectionNumber":"sec.94","sectionType":"section","heading":"Allocation process not finished before the commencement","content":"### sec.94 Allocation process not finished before the commencement\n\nThis section applies if—\nbefore the commencement, the scheme manager had started, but not finished, the allocation process for an authority; and\non the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\nThe allocation process for the authority continues as if the amendment Act had not been enacted.\nThe scheme manager must—\ndecide the annual review allocation day for the authority; and\ngive the holder notice of the decision before or when the notice mentioned in former section 31 is given to the holder.\nThe annual review allocation day takes effect on the day the risk category allocation is decided for the authority under the allocation process.\nDespite subsection (2) and former section 31(d), a notice given under former section 31 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\nThe initial risk category allocation decided for the authority under the allocation process is taken to be an initial risk category allocation for the authority under new section 27.\nThe day the risk category allocation is decided under the allocation process is taken to be the initial allocation day for the authority under new section 31(1)(a).\ns 94 ins 2024 No. 33 s 129\n(sec.94-ssec.1) This section applies if— before the commencement, the scheme manager had started, but not finished, the allocation process for an authority; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\n(sec.94-ssec.2) The allocation process for the authority continues as if the amendment Act had not been enacted.\n(sec.94-ssec.3) The scheme manager must— decide the annual review allocation day for the authority; and give the holder notice of the decision before or when the notice mentioned in former section 31 is given to the holder.\n(sec.94-ssec.4) The annual review allocation day takes effect on the day the risk category allocation is decided for the authority under the allocation process.\n(sec.94-ssec.5) Despite subsection (2) and former section 31(d), a notice given under former section 31 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\n(sec.94-ssec.6) The initial risk category allocation decided for the authority under the allocation process is taken to be an initial risk category allocation for the authority under new section 27.\n(sec.94-ssec.7) The day the risk category allocation is decided under the allocation process is taken to be the initial allocation day for the authority under new section 31(1)(a).\n- (a) before the commencement, the scheme manager had started, but not finished, the allocation process for an authority; and\n- (b) on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\n- (a) decide the annual review allocation day for the authority; and\n- (b) give the holder notice of the decision before or when the notice mentioned in former section 31 is given to the holder.","sortOrder":137},{"sectionNumber":"sec.95","sectionType":"section","heading":"Changed holder review process not finished before the commencement","content":"### sec.95 Changed holder review process not finished before the commencement\n\nThis section applies if—\nbefore the commencement, the scheme manager had started, but not finished, the changed holder review process for an authority in relation to which a changed holder event happened or is proposed; and\non the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\nThe changed holder review process for the authority continues as if the amendment Act had not been enacted.\nHowever, new section 41D applies in relation to the authority for the changed holder event as if a reference in the section to section 32 included a reference to former section 32.\nDespite subsection (2) and former section 36(d), a notice given under former section 36 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\nThe changed holder review allocation decided for the authority under the changed holder review process is taken to be a changed holder review allocation for the authority under new section 32.\nThe changed holder review allocation takes effect under new section 37.\nFor applying new section 37, a reference in the section to section 36(1) is taken to be a reference to former section 36.\ns 95 ins 2024 No. 33 s 129\n(sec.95-ssec.1) This section applies if— before the commencement, the scheme manager had started, but not finished, the changed holder review process for an authority in relation to which a changed holder event happened or is proposed; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\n(sec.95-ssec.2) The changed holder review process for the authority continues as if the amendment Act had not been enacted.\n(sec.95-ssec.3) However, new section 41D applies in relation to the authority for the changed holder event as if a reference in the section to section 32 included a reference to former section 32.\n(sec.95-ssec.4) Despite subsection (2) and former section 36(d), a notice given under former section 36 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\n(sec.95-ssec.5) The changed holder review allocation decided for the authority under the changed holder review process is taken to be a changed holder review allocation for the authority under new section 32.\n(sec.95-ssec.6) The changed holder review allocation takes effect under new section 37.\n(sec.95-ssec.7) For applying new section 37, a reference in the section to section 36(1) is taken to be a reference to former section 36.\n- (a) before the commencement, the scheme manager had started, but not finished, the changed holder review process for an authority in relation to which a changed holder event happened or is proposed; and\n- (b) on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.","sortOrder":138},{"sectionNumber":"sec.96","sectionType":"section","heading":"Existing changed holder review allocation not in effect before the commencement","content":"### sec.96 Existing changed holder review allocation not in effect before the commencement\n\nThis section applies if—\nbefore the commencement, the scheme manager had made a changed holder review allocation under former section 32 in relation to an authority; and\nimmediately before the commencement, the changed holder review allocation had not taken effect under former section 37; and\non the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\nThe changed holder review allocation is taken to be a changed holder review allocation decided under new section 32.\nThe changed holder review allocation takes effect under new section 37.\nFor applying new section 37, a reference in the section to section 36(1) is taken to be a reference to former section 36.\ns 96 ins 2024 No. 33 s 129\n(sec.96-ssec.1) This section applies if— before the commencement, the scheme manager had made a changed holder review allocation under former section 32 in relation to an authority; and immediately before the commencement, the changed holder review allocation had not taken effect under former section 37; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\n(sec.96-ssec.2) The changed holder review allocation is taken to be a changed holder review allocation decided under new section 32.\n(sec.96-ssec.3) The changed holder review allocation takes effect under new section 37.\n(sec.96-ssec.4) For applying new section 37, a reference in the section to section 36(1) is taken to be a reference to former section 36.\n- (a) before the commencement, the scheme manager had made a changed holder review allocation under former section 32 in relation to an authority; and\n- (b) immediately before the commencement, the changed holder review allocation had not taken effect under former section 37; and\n- (c) on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.","sortOrder":139},{"sectionNumber":"sec.97","sectionType":"section","heading":"Annual review process not finished before the commencement","content":"### sec.97 Annual review process not finished before the commencement\n\nThis section applies if—\nbefore the commencement, the scheme manager had started, but not finished, the annual review process for an authority; and\non the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\nThe annual review process continues as if the amendment Act had not been enacted.\nThe scheme manager must—\ndecide the annual review allocation day for the authority; and\ngive the holder notice of the decision before or when the notice mentioned in former section 41 is given to the holder.\nThe annual review allocation day takes effect on the relevant anniversary day for the authority.\nNew section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority.\nDespite subsection (2) and former section 41(d), a notice given under former section 41 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\nThe annual review allocation decided for the authority under the annual review process is taken to be an annual review allocation for the authority under new section 38.\nThe day the annual review allocation is decided under the annual review process is taken to be the annual review day for the authority under new section 41(a).\nTo the extent new part 3, division 2, subdivision 1 applies in relation to the annual review decision, a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority.\ns 97 ins 2024 No. 33 s 129\n(sec.97-ssec.1) This section applies if— before the commencement, the scheme manager had started, but not finished, the annual review process for an authority; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\n(sec.97-ssec.2) The annual review process continues as if the amendment Act had not been enacted.\n(sec.97-ssec.3) The scheme manager must— decide the annual review allocation day for the authority; and give the holder notice of the decision before or when the notice mentioned in former section 41 is given to the holder.\n(sec.97-ssec.4) The annual review allocation day takes effect on the relevant anniversary day for the authority.\n(sec.97-ssec.5) New section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority.\n(sec.97-ssec.6) Despite subsection (2) and former section 41(d), a notice given under former section 41 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\n(sec.97-ssec.7) The annual review allocation decided for the authority under the annual review process is taken to be an annual review allocation for the authority under new section 38.\n(sec.97-ssec.8) The day the annual review allocation is decided under the annual review process is taken to be the annual review day for the authority under new section 41(a).\n(sec.97-ssec.9) To the extent new part 3, division 2, subdivision 1 applies in relation to the annual review decision, a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority.\n- (a) before the commencement, the scheme manager had started, but not finished, the annual review process for an authority; and\n- (b) on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\n- (a) decide the annual review allocation day for the authority; and\n- (b) give the holder notice of the decision before or when the notice mentioned in former section 41 is given to the holder.","sortOrder":140},{"sectionNumber":"sec.98","sectionType":"section","heading":"Annual review allocation day for particular existing authorities","content":"### sec.98 Annual review allocation day for particular existing authorities\n\nThis section applies in relation to an authority if—\nimmediately before the commencement—\nthe authority is allocated to a risk category; and\nthe annual review process for the authority had not started; and\non the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\nThe scheme manager must, within 30 business days after the commencement—\ndecide the annual review allocation day for the authority; and\ngive the holder notice of the decision.\nThe annual review allocation day takes effect on the relevant anniversary day for the authority.\nNew part 3, division 1, subdivision 3 applies in relation to the authority as if a reference in new section 38(3) to the annual review allocation day included a reference to the relevant anniversary day for the authority.\nNew section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority.\nTo the extent new part 3, division 2, subdivision 1 applies in relation to an annual review decision made because of subsection (4), a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority.\ns 98 ins 2024 No. 33 s 129\n(sec.98-ssec.1) This section applies in relation to an authority if— immediately before the commencement— the authority is allocated to a risk category; and the annual review process for the authority had not started; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\n(sec.98-ssec.2) The scheme manager must, within 30 business days after the commencement— decide the annual review allocation day for the authority; and give the holder notice of the decision.\n(sec.98-ssec.3) The annual review allocation day takes effect on the relevant anniversary day for the authority.\n(sec.98-ssec.4) New part 3, division 1, subdivision 3 applies in relation to the authority as if a reference in new section 38(3) to the annual review allocation day included a reference to the relevant anniversary day for the authority.\n(sec.98-ssec.5) New section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority.\n(sec.98-ssec.6) To the extent new part 3, division 2, subdivision 1 applies in relation to an annual review decision made because of subsection (4), a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority.\n- (a) immediately before the commencement— (i) the authority is allocated to a risk category; and (ii) the annual review process for the authority had not started; and\n- (i) the authority is allocated to a risk category; and\n- (ii) the annual review process for the authority had not started; and\n- (b) on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount.\n- (i) the authority is allocated to a risk category; and\n- (ii) the annual review process for the authority had not started; and\n- (a) decide the annual review allocation day for the authority; and\n- (b) give the holder notice of the decision.","sortOrder":141},{"sectionNumber":"sec.99","sectionType":"section","heading":"Option to elect if allocation process not finished before the commencement","content":"### sec.99 Option to elect if allocation process not finished before the commencement\n\nThis section applies if—\nbefore the commencement, the scheme manager had started, but not finished, the allocation process for an authority; and\non the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\nOn the commencement, the allocation process stops.\nThe scheme manager must, within 10 business days after the commencement, give the holder a notice stating—\nthat the holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and\nthat the holder may make the election within 20 business days after the notice is given to the holder.\nThe holder may elect for the authority to be subject to risk category allocation under new part 3, division 1 by giving the scheme manager notice of the election within the period mentioned in subsection (3)(b).\nIf the holder gives the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b), the scheme manager must give the holder a notice stating—\nthe day the notice is given; and\nthe authority to which the notice relates; and\nthat the authority is subject to risk category allocation under part 3, division 1.\nA notice given under subsection (5) is taken to be an election notice for the authority under new part 3, division 1A.\nIf the scheme manager gives the holder a notice under subsection (5)—\nthe balance of the allocation process restarts as if the amendment Act had not been enacted; and\nthe scheme manager must—\ndecide the annual review allocation day for the authority; and\ngive the holder notice of the decision before or when the notice mentioned in former section 31 is given to the holder.\nThe annual review allocation day takes effect on the day the risk category allocation is decided for the authority under the allocation process.\nFor restarting the allocation process under subsection (7)(a), if a period mentioned in former section 28 or 30 had started but not ended before the commencement, the period is extended by the period—\nstarting on the commencement; and\nending at the end of the period mentioned in subsection (3)(b).\nDespite subsection (7)(a) and former section 31(d), a notice given under former section 31 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\nThe initial risk category allocation decided for the authority under the allocation process is taken to be an initial risk category allocation for the authority under new section 27.\nThe day the risk category allocation is decided for the authority under the allocation process is taken to be the initial allocation day for the authority under new section 31(1)(a).\nIf the holder does not give the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b)—\nthe allocation process ends; and\nthe scheme manager must give the holder a notice stating—\nthat the allocation process has ended; and\nthat part 3, division 2, subdivision 2 applies in relation to the authority; and\nnew part 3, division 2, subdivision 2 applies in relation to the authority as if—\nthe matters mentioned in new section 53(f) applied in relation to the authority; and\nnew section 55A required the surety for the authority to be given within 30 business days after the period mentioned in subsection (3)(b) ends.\ns 99 ins 2024 No. 33 s 129\n(sec.99-ssec.1) This section applies if— before the commencement, the scheme manager had started, but not finished, the allocation process for an authority; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\n(sec.99-ssec.2) On the commencement, the allocation process stops.\n(sec.99-ssec.3) The scheme manager must, within 10 business days after the commencement, give the holder a notice stating— that the holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and that the holder may make the election within 20 business days after the notice is given to the holder.\n(sec.99-ssec.4) The holder may elect for the authority to be subject to risk category allocation under new part 3, division 1 by giving the scheme manager notice of the election within the period mentioned in subsection (3)(b).\n(sec.99-ssec.5) If the holder gives the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b), the scheme manager must give the holder a notice stating— the day the notice is given; and the authority to which the notice relates; and that the authority is subject to risk category allocation under part 3, division 1.\n(sec.99-ssec.6) A notice given under subsection (5) is taken to be an election notice for the authority under new part 3, division 1A.\n(sec.99-ssec.7) If the scheme manager gives the holder a notice under subsection (5)— the balance of the allocation process restarts as if the amendment Act had not been enacted; and the scheme manager must— decide the annual review allocation day for the authority; and give the holder notice of the decision before or when the notice mentioned in former section 31 is given to the holder.\n(sec.99-ssec.8) The annual review allocation day takes effect on the day the risk category allocation is decided for the authority under the allocation process.\n(sec.99-ssec.9) For restarting the allocation process under subsection (7)(a), if a period mentioned in former section 28 or 30 had started but not ended before the commencement, the period is extended by the period— starting on the commencement; and ending at the end of the period mentioned in subsection (3)(b).\n(sec.99-ssec.10) Despite subsection (7)(a) and former section 31(d), a notice given under former section 31 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\n(sec.99-ssec.11) The initial risk category allocation decided for the authority under the allocation process is taken to be an initial risk category allocation for the authority under new section 27.\n(sec.99-ssec.12) The day the risk category allocation is decided for the authority under the allocation process is taken to be the initial allocation day for the authority under new section 31(1)(a).\n(sec.99-ssec.13) If the holder does not give the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b)— the allocation process ends; and the scheme manager must give the holder a notice stating— that the allocation process has ended; and that part 3, division 2, subdivision 2 applies in relation to the authority; and new part 3, division 2, subdivision 2 applies in relation to the authority as if— the matters mentioned in new section 53(f) applied in relation to the authority; and new section 55A required the surety for the authority to be given within 30 business days after the period mentioned in subsection (3)(b) ends.\n- (a) before the commencement, the scheme manager had started, but not finished, the allocation process for an authority; and\n- (b) on the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\n- (a) that the holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and\n- (b) that the holder may make the election within 20 business days after the notice is given to the holder.\n- (a) the day the notice is given; and\n- (b) the authority to which the notice relates; and\n- (c) that the authority is subject to risk category allocation under part 3, division 1.\n- (a) the balance of the allocation process restarts as if the amendment Act had not been enacted; and\n- (b) the scheme manager must— (i) decide the annual review allocation day for the authority; and (ii) give the holder notice of the decision before or when the notice mentioned in former section 31 is given to the holder.\n- (i) decide the annual review allocation day for the authority; and\n- (ii) give the holder notice of the decision before or when the notice mentioned in former section 31 is given to the holder.\n- (i) decide the annual review allocation day for the authority; and\n- (ii) give the holder notice of the decision before or when the notice mentioned in former section 31 is given to the holder.\n- (a) starting on the commencement; and\n- (b) ending at the end of the period mentioned in subsection (3)(b).\n- (a) the allocation process ends; and\n- (b) the scheme manager must give the holder a notice stating— (i) that the allocation process has ended; and (ii) that part 3, division 2, subdivision 2 applies in relation to the authority; and\n- (i) that the allocation process has ended; and\n- (ii) that part 3, division 2, subdivision 2 applies in relation to the authority; and\n- (c) new part 3, division 2, subdivision 2 applies in relation to the authority as if— (i) the matters mentioned in new section 53(f) applied in relation to the authority; and (ii) new section 55A required the surety for the authority to be given within 30 business days after the period mentioned in subsection (3)(b) ends.\n- (i) the matters mentioned in new section 53(f) applied in relation to the authority; and\n- (ii) new section 55A required the surety for the authority to be given within 30 business days after the period mentioned in subsection (3)(b) ends.\n- (i) that the allocation process has ended; and\n- (ii) that part 3, division 2, subdivision 2 applies in relation to the authority; and\n- (i) the matters mentioned in new section 53(f) applied in relation to the authority; and\n- (ii) new section 55A required the surety for the authority to be given within 30 business days after the period mentioned in subsection (3)(b) ends.","sortOrder":142},{"sectionNumber":"sec.100","sectionType":"section","heading":"Option to elect if changed holder review process not finished before the commencement","content":"### sec.100 Option to elect if changed holder review process not finished before the commencement\n\nThis section applies if—\nbefore the commencement, the scheme manager had started, but not finished, the changed holder review process for an authority in relation to which a changed holder event happened or is proposed; and\non the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\nOn the commencement, the changed holder review process stops.\nThe scheme manager must, within 10 business days after the commencement, give the changed holder a notice stating—\nthat the changed holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and\nthat the changed holder may make the election within 20 business days after the notice is given to the changed holder.\nThe changed holder may elect for the authority to be subject to risk category allocation under new part 3, division 1 by giving the scheme manager notice of the election within the period mentioned in subsection (3)(b).\nIf the changed holder gives the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b), the scheme manager must give the changed holder a notice stating—\nthe day the notice is given; and\nthe authority to which the notice relates; and\nthat the authority is subject to risk category allocation under part 3, division 1.\nA notice given under subsection (5) is taken to be an election notice for the authority under new part 3, division 1A.\nIf the scheme manager gives the changed holder a notice under subsection (5)—\nthe balance of the changed holder review process restarts as if the amendment Act had not been enacted; and\nthe scheme manager must—\ndecide the annual review allocation day for the authority; and\ngive the changed holder notice of the decision before or when the notice mentioned in former section 36 is given to the interested entity.\nThe annual review allocation day takes effect when the changed holder review allocation takes effect under subsection (12).\nFor restarting the changed holder review process under subsection (7)(a), if a period mentioned in former section 34 had started but not ended before the commencement, the period is extended by the period—\nstarting on the commencement; and\nending at the end of the period mentioned in subsection (3)(b).\nDespite subsection (7)(a) and former section 36(d), a notice given under former section 36 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\nThe changed holder review allocation decided for the authority under the changed holder review process is taken to be a changed holder review allocation for the authority under new section 32.\nThe changed holder review allocation takes effect on the later of the following days—\nthe day the notice under former section 36 is given to the interested entity;\nthe day the changed holder review decision would take effect under new section 37.\nA reference in this Act to the changed holder review allocation taking effect under new section 37 is taken to include a reference to the day the changed holder review allocation takes effect under subsection (12).\nFor applying new section 37, a reference in the section to section 36(1) is taken to be a reference to former section 36.\nIf the changed holder does not give the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b)—\nthe changed holder review process ends; and\nthe scheme manager must give the changed holder a notice stating that the changed holder review process has ended; and\nfor an authority in relation to which a changed holder event has happened—new part 3, division 2, subdivision 2 applies in relation to the authority as if—\na reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and\nnew section 55A required the surety for the authority to be given within 30 business days after the later of the following—\nif the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved;\nthe day the period mentioned in subsection (3)(b) ends.\ns 100 ins 2024 No. 33 s 129\n(sec.100-ssec.1) This section applies if— before the commencement, the scheme manager had started, but not finished, the changed holder review process for an authority in relation to which a changed holder event happened or is proposed; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\n(sec.100-ssec.2) On the commencement, the changed holder review process stops.\n(sec.100-ssec.3) The scheme manager must, within 10 business days after the commencement, give the changed holder a notice stating— that the changed holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and that the changed holder may make the election within 20 business days after the notice is given to the changed holder.\n(sec.100-ssec.4) The changed holder may elect for the authority to be subject to risk category allocation under new part 3, division 1 by giving the scheme manager notice of the election within the period mentioned in subsection (3)(b).\n(sec.100-ssec.5) If the changed holder gives the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b), the scheme manager must give the changed holder a notice stating— the day the notice is given; and the authority to which the notice relates; and that the authority is subject to risk category allocation under part 3, division 1.\n(sec.100-ssec.6) A notice given under subsection (5) is taken to be an election notice for the authority under new part 3, division 1A.\n(sec.100-ssec.7) If the scheme manager gives the changed holder a notice under subsection (5)— the balance of the changed holder review process restarts as if the amendment Act had not been enacted; and the scheme manager must— decide the annual review allocation day for the authority; and give the changed holder notice of the decision before or when the notice mentioned in former section 36 is given to the interested entity.\n(sec.100-ssec.8) The annual review allocation day takes effect when the changed holder review allocation takes effect under subsection (12).\n(sec.100-ssec.9) For restarting the changed holder review process under subsection (7)(a), if a period mentioned in former section 34 had started but not ended before the commencement, the period is extended by the period— starting on the commencement; and ending at the end of the period mentioned in subsection (3)(b).\n(sec.100-ssec.10) Despite subsection (7)(a) and former section 36(d), a notice given under former section 36 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\n(sec.100-ssec.11) The changed holder review allocation decided for the authority under the changed holder review process is taken to be a changed holder review allocation for the authority under new section 32.\n(sec.100-ssec.12) The changed holder review allocation takes effect on the later of the following days— the day the notice under former section 36 is given to the interested entity; the day the changed holder review decision would take effect under new section 37.\n(sec.100-ssec.13) A reference in this Act to the changed holder review allocation taking effect under new section 37 is taken to include a reference to the day the changed holder review allocation takes effect under subsection (12).\n(sec.100-ssec.14) For applying new section 37, a reference in the section to section 36(1) is taken to be a reference to former section 36.\n(sec.100-ssec.15) If the changed holder does not give the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b)— the changed holder review process ends; and the scheme manager must give the changed holder a notice stating that the changed holder review process has ended; and for an authority in relation to which a changed holder event has happened—new part 3, division 2, subdivision 2 applies in relation to the authority as if— a reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and new section 55A required the surety for the authority to be given within 30 business days after the later of the following— if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved; the day the period mentioned in subsection (3)(b) ends.\n- (a) before the commencement, the scheme manager had started, but not finished, the changed holder review process for an authority in relation to which a changed holder event happened or is proposed; and\n- (b) on the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\n- (a) that the changed holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and\n- (b) that the changed holder may make the election within 20 business days after the notice is given to the changed holder.\n- (a) the day the notice is given; and\n- (b) the authority to which the notice relates; and\n- (c) that the authority is subject to risk category allocation under part 3, division 1.\n- (a) the balance of the changed holder review process restarts as if the amendment Act had not been enacted; and\n- (b) the scheme manager must— (i) decide the annual review allocation day for the authority; and (ii) give the changed holder notice of the decision before or when the notice mentioned in former section 36 is given to the interested entity.\n- (i) decide the annual review allocation day for the authority; and\n- (ii) give the changed holder notice of the decision before or when the notice mentioned in former section 36 is given to the interested entity.\n- (i) decide the annual review allocation day for the authority; and\n- (ii) give the changed holder notice of the decision before or when the notice mentioned in former section 36 is given to the interested entity.\n- (a) starting on the commencement; and\n- (b) ending at the end of the period mentioned in subsection (3)(b).\n- (a) the day the notice under former section 36 is given to the interested entity;\n- (b) the day the changed holder review decision would take effect under new section 37.\n- (a) the changed holder review process ends; and\n- (b) the scheme manager must give the changed holder a notice stating that the changed holder review process has ended; and\n- (c) for an authority in relation to which a changed holder event has happened—new part 3, division 2, subdivision 2 applies in relation to the authority as if— (i) a reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved; (B) the day the period mentioned in subsection (3)(b) ends.\n- (i) a reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and\n- (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved; (B) the day the period mentioned in subsection (3)(b) ends.\n- (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved;\n- (B) the day the period mentioned in subsection (3)(b) ends.\n- (i) a reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and\n- (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved; (B) the day the period mentioned in subsection (3)(b) ends.\n- (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved;\n- (B) the day the period mentioned in subsection (3)(b) ends.\n- (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved;\n- (B) the day the period mentioned in subsection (3)(b) ends.","sortOrder":143},{"sectionNumber":"sec.101","sectionType":"section","heading":"Option to elect for particular authorities if changed holder review allocation not in effect before the commencement","content":"### sec.101 Option to elect for particular authorities if changed holder review allocation not in effect before the commencement\n\nThis section applies if—\nbefore the commencement, the scheme manager had made a changed holder review allocation under former section 32 in relation to an authority that allocated the authority to the risk category of very low, low or moderate; and\nimmediately before the commencement, the changed holder review allocation had not taken effect under former section 37; and\non the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\nThe scheme manager must, within 10 business days after the commencement, give the changed holder a notice stating—\nthat the changed holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and\nthat the changed holder may make the election within 20 business days after the notice is given to the changed holder.\nThe changed holder may elect for the authority to be subject to risk category allocation under new part 3, division 1 by giving the scheme manager notice of the election within the period mentioned in subsection (2)(b).\nIf the changed holder gives the scheme manager a notice under subsection (3) within the period mentioned in subsection (2)(b), the scheme manager must give the changed holder a notice stating—\nthe day the notice is given; and\nthe authority to which the notice relates; and\nthat the authority is subject to risk category allocation under part 3, division 1.\nA notice given under subsection (4) is taken to be an election notice for the authority under new part 3, division 1A.\nIf the scheme manager gives the changed holder a notice under subsection (4)—\nthe scheme manager must—\ndecide the annual review allocation day for the authority; and\ngive the changed holder notice of the decision before or when the notice mentioned in former section 36 is given to the interested entity; and\nthe changed holder review allocation is taken to be a changed holder review allocation for the authority under new section 32; and\nthe changed holder review allocation takes effect on the later of the following days—\nthe day the notice is given under subsection (4);\nthe day the changed holder review allocation would take effect under new section 37.\nA reference in this Act to the changed holder review allocation taking effect under new section 37 is taken to include a reference to the day the changed holder review allocation takes effect under subsection (6)(c).\nFor applying new section 37, a reference in the section to section 36(1) is taken to be a reference to former section 36.\nThe annual review allocation day takes effect when the changed holder review allocation takes effect under subsection (6)(c).\nIf the changed holder does not give the scheme manager a notice under subsection (3) within the period mentioned in subsection (2)(b)—\nthe changed holder review allocation does not take effect; and\nthe scheme manager must give the changed holder a notice stating that the changed holder review allocation does not take effect; and\nfor an authority in relation to which the changed holder event has happened—new part 3, division 2, subdivision 2 applies in relation to the authority as if—\na reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and\nnew section 55A required the surety for the authority to be given within 30 business days after the later of the following—\nif the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved;\nthe day the period mentioned in subsection (2)(b) ends.\ns 101 ins 2024 No. 33 s 129\n(sec.101-ssec.1) This section applies if— before the commencement, the scheme manager had made a changed holder review allocation under former section 32 in relation to an authority that allocated the authority to the risk category of very low, low or moderate; and immediately before the commencement, the changed holder review allocation had not taken effect under former section 37; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\n(sec.101-ssec.2) The scheme manager must, within 10 business days after the commencement, give the changed holder a notice stating— that the changed holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and that the changed holder may make the election within 20 business days after the notice is given to the changed holder.\n(sec.101-ssec.3) The changed holder may elect for the authority to be subject to risk category allocation under new part 3, division 1 by giving the scheme manager notice of the election within the period mentioned in subsection (2)(b).\n(sec.101-ssec.4) If the changed holder gives the scheme manager a notice under subsection (3) within the period mentioned in subsection (2)(b), the scheme manager must give the changed holder a notice stating— the day the notice is given; and the authority to which the notice relates; and that the authority is subject to risk category allocation under part 3, division 1.\n(sec.101-ssec.5) A notice given under subsection (4) is taken to be an election notice for the authority under new part 3, division 1A.\n(sec.101-ssec.6) If the scheme manager gives the changed holder a notice under subsection (4)— the scheme manager must— decide the annual review allocation day for the authority; and give the changed holder notice of the decision before or when the notice mentioned in former section 36 is given to the interested entity; and the changed holder review allocation is taken to be a changed holder review allocation for the authority under new section 32; and the changed holder review allocation takes effect on the later of the following days— the day the notice is given under subsection (4); the day the changed holder review allocation would take effect under new section 37.\n(sec.101-ssec.7) A reference in this Act to the changed holder review allocation taking effect under new section 37 is taken to include a reference to the day the changed holder review allocation takes effect under subsection (6)(c).\n(sec.101-ssec.8) For applying new section 37, a reference in the section to section 36(1) is taken to be a reference to former section 36.\n(sec.101-ssec.9) The annual review allocation day takes effect when the changed holder review allocation takes effect under subsection (6)(c).\n(sec.101-ssec.10) If the changed holder does not give the scheme manager a notice under subsection (3) within the period mentioned in subsection (2)(b)— the changed holder review allocation does not take effect; and the scheme manager must give the changed holder a notice stating that the changed holder review allocation does not take effect; and for an authority in relation to which the changed holder event has happened—new part 3, division 2, subdivision 2 applies in relation to the authority as if— a reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and new section 55A required the surety for the authority to be given within 30 business days after the later of the following— if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved; the day the period mentioned in subsection (2)(b) ends.\n- (a) before the commencement, the scheme manager had made a changed holder review allocation under former section 32 in relation to an authority that allocated the authority to the risk category of very low, low or moderate; and\n- (b) immediately before the commencement, the changed holder review allocation had not taken effect under former section 37; and\n- (c) on the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\n- (a) that the changed holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and\n- (b) that the changed holder may make the election within 20 business days after the notice is given to the changed holder.\n- (a) the day the notice is given; and\n- (b) the authority to which the notice relates; and\n- (c) that the authority is subject to risk category allocation under part 3, division 1.\n- (a) the scheme manager must— (i) decide the annual review allocation day for the authority; and (ii) give the changed holder notice of the decision before or when the notice mentioned in former section 36 is given to the interested entity; and\n- (i) decide the annual review allocation day for the authority; and\n- (ii) give the changed holder notice of the decision before or when the notice mentioned in former section 36 is given to the interested entity; and\n- (b) the changed holder review allocation is taken to be a changed holder review allocation for the authority under new section 32; and\n- (c) the changed holder review allocation takes effect on the later of the following days— (i) the day the notice is given under subsection (4); (ii) the day the changed holder review allocation would take effect under new section 37.\n- (i) the day the notice is given under subsection (4);\n- (ii) the day the changed holder review allocation would take effect under new section 37.\n- (i) decide the annual review allocation day for the authority; and\n- (ii) give the changed holder notice of the decision before or when the notice mentioned in former section 36 is given to the interested entity; and\n- (i) the day the notice is given under subsection (4);\n- (ii) the day the changed holder review allocation would take effect under new section 37.\n- (a) the changed holder review allocation does not take effect; and\n- (b) the scheme manager must give the changed holder a notice stating that the changed holder review allocation does not take effect; and\n- (c) for an authority in relation to which the changed holder event has happened—new part 3, division 2, subdivision 2 applies in relation to the authority as if— (i) a reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved; (B) the day the period mentioned in subsection (2)(b) ends.\n- (i) a reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and\n- (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved; (B) the day the period mentioned in subsection (2)(b) ends.\n- (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved;\n- (B) the day the period mentioned in subsection (2)(b) ends.\n- (i) a reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and\n- (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved; (B) the day the period mentioned in subsection (2)(b) ends.\n- (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved;\n- (B) the day the period mentioned in subsection (2)(b) ends.\n- (A) if the changed holder event is of a type mentioned in section 31A(1)(a)—when the prescribed dealing is approved;\n- (B) the day the period mentioned in subsection (2)(b) ends.","sortOrder":144},{"sectionNumber":"sec.102","sectionType":"section","heading":"Existing authorities with high risk category allocation if changed holder review allocation not in effect before the commencement","content":"### sec.102 Existing authorities with high risk category allocation if changed holder review allocation not in effect before the commencement\n\nThis section applies if—\nbefore the commencement, the scheme manager had made a changed holder review allocation under former section 32 in relation to an authority that allocated the authority to the risk category of high; and\nimmediately before the commencement, the changed holder review allocation had not taken effect under former section 37; and\non the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\nOn the commencement—\nthe changed holder review allocation does not take effect; and\nthe scheme manager must give the holder a notice stating that the changed holder review allocation does not take effect.\nFor an authority in relation to which the changed holder event has happened, new part 3, division 2, subdivision 2 applies in relation to the authority as if—\na reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and\nnew section 55A required the surety for the authority to be given within 30 business days after the later of the following—\nif the changed holder event is of a type mentioned in former section 31A(1)(a)—when the prescribed dealing is approved;\nthe day the scheme manager gives the notice under subsection (2)(b).\ns 102 ins 2024 No. 33 s 129\n(sec.102-ssec.1) This section applies if— before the commencement, the scheme manager had made a changed holder review allocation under former section 32 in relation to an authority that allocated the authority to the risk category of high; and immediately before the commencement, the changed holder review allocation had not taken effect under former section 37; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\n(sec.102-ssec.2) On the commencement— the changed holder review allocation does not take effect; and the scheme manager must give the holder a notice stating that the changed holder review allocation does not take effect.\n(sec.102-ssec.3) For an authority in relation to which the changed holder event has happened, new part 3, division 2, subdivision 2 applies in relation to the authority as if— a reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and new section 55A required the surety for the authority to be given within 30 business days after the later of the following— if the changed holder event is of a type mentioned in former section 31A(1)(a)—when the prescribed dealing is approved; the day the scheme manager gives the notice under subsection (2)(b).\n- (a) before the commencement, the scheme manager had made a changed holder review allocation under former section 32 in relation to an authority that allocated the authority to the risk category of high; and\n- (b) immediately before the commencement, the changed holder review allocation had not taken effect under former section 37; and\n- (c) on the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\n- (a) the changed holder review allocation does not take effect; and\n- (b) the scheme manager must give the holder a notice stating that the changed holder review allocation does not take effect.\n- (a) a reference in new section 53(d) and (e) to a changed holder event happening or a prescribed dealing being approved included a reference to the event happening or the prescribed dealing being approved before the commencement; and\n- (b) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (i) if the changed holder event is of a type mentioned in former section 31A(1)(a)—when the prescribed dealing is approved; (ii) the day the scheme manager gives the notice under subsection (2)(b).\n- (i) if the changed holder event is of a type mentioned in former section 31A(1)(a)—when the prescribed dealing is approved;\n- (ii) the day the scheme manager gives the notice under subsection (2)(b).\n- (i) if the changed holder event is of a type mentioned in former section 31A(1)(a)—when the prescribed dealing is approved;\n- (ii) the day the scheme manager gives the notice under subsection (2)(b).","sortOrder":145},{"sectionNumber":"sec.103","sectionType":"section","heading":"Option to elect for particular authorities if annual review process not finished before the commencement","content":"### sec.103 Option to elect for particular authorities if annual review process not finished before the commencement\n\nThis section applies if—\nbefore the commencement, the scheme manager had started, but not finished, the annual review process for an authority; and\non the commencement—\nthe estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m; and\nthe authority is allocated to the risk category of very low, low or moderate.\nOn the commencement, the annual review process stops.\nThe scheme manager must, within 10 business days after the commencement, give the holder a notice stating—\nthat the holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and\nthat the holder may make the election within 20 business days after the notice is given to the holder.\nThe holder may elect for the authority to be subject to risk category allocation under new part 3, division 1 by giving the scheme manager notice of the election within the period mentioned in subsection (3)(b).\nIf the holder gives the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b), the scheme manager must give the holder a notice stating—\nthe day the notice is given; and\nthe authority to which the notice relates; and\nthat the authority is subject to risk category allocation under part 3, division 1.\nA notice given under subsection (5) is taken to be an election notice for the authority under new part 3, division 1A.\nIf the scheme manager gives the holder a notice under subsection (5)—\nthe balance of the annual review process restarts as if the amendment Act had not been enacted; and\nthe scheme manager must—\ndecide the annual review allocation day for the authority; and\ngive the holder notice of the decision before or when the notice mentioned in former section 41 is given to the holder.\nThe annual review allocation day takes effect on the relevant anniversary day for the authority.\nNew section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority.\nFor restarting the annual review process under subsection (7)(a), if a period mentioned in former section 39 had started but not ended before the commencement, the period is extended by the period—\nstarting on the commencement; and\nending at the end of the period mentioned in subsection (3)(b).\nDespite subsection (7)(a) and former section 41(d), a notice given under former section 41 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\nThe annual review allocation decided for the authority under the annual review process is taken to be an annual review allocation for the authority under new section 38.\nThe day the annual review allocation is decided under the annual review process is taken to be the annual review day for the authority under new section 41(a).\nTo the extent new part 3, division 2, subdivision 1 applies in relation to the annual review decision, a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority.\nIf the holder does not give the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b)—\nthe review process ends; and\nthe scheme manager must give the holder a notice stating—\nthat the review process has ended; and\nthat part 3, division 2, subdivision 2 applies in relation to the authority; and\nnew part 3, division 2, subdivision 2 applies in relation to the authority as if—\nthe matters mentioned in new section 53(f) applied in relation to the authority; and\nnew section 55A required the surety for the authority to be given within 30 business days after the later of the following—\nthe relevant anniversary day; or\nthe day the period mentioned in subsection (3)(b) ends.\ns 103 ins 2024 No. 33 s 129\n(sec.103-ssec.1) This section applies if— before the commencement, the scheme manager had started, but not finished, the annual review process for an authority; and on the commencement— the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m; and the authority is allocated to the risk category of very low, low or moderate.\n(sec.103-ssec.2) On the commencement, the annual review process stops.\n(sec.103-ssec.3) The scheme manager must, within 10 business days after the commencement, give the holder a notice stating— that the holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and that the holder may make the election within 20 business days after the notice is given to the holder.\n(sec.103-ssec.4) The holder may elect for the authority to be subject to risk category allocation under new part 3, division 1 by giving the scheme manager notice of the election within the period mentioned in subsection (3)(b).\n(sec.103-ssec.5) If the holder gives the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b), the scheme manager must give the holder a notice stating— the day the notice is given; and the authority to which the notice relates; and that the authority is subject to risk category allocation under part 3, division 1.\n(sec.103-ssec.6) A notice given under subsection (5) is taken to be an election notice for the authority under new part 3, division 1A.\n(sec.103-ssec.7) If the scheme manager gives the holder a notice under subsection (5)— the balance of the annual review process restarts as if the amendment Act had not been enacted; and the scheme manager must— decide the annual review allocation day for the authority; and give the holder notice of the decision before or when the notice mentioned in former section 41 is given to the holder.\n(sec.103-ssec.8) The annual review allocation day takes effect on the relevant anniversary day for the authority.\n(sec.103-ssec.9) New section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority.\n(sec.103-ssec.10) For restarting the annual review process under subsection (7)(a), if a period mentioned in former section 39 had started but not ended before the commencement, the period is extended by the period— starting on the commencement; and ending at the end of the period mentioned in subsection (3)(b).\n(sec.103-ssec.11) Despite subsection (7)(a) and former section 41(d), a notice given under former section 41 must state the amount of the contribution to the scheme fund, or surety, required under new part 3, division 2 in relation to the authority, and when the amount must be paid or given under the new division.\n(sec.103-ssec.12) The annual review allocation decided for the authority under the annual review process is taken to be an annual review allocation for the authority under new section 38.\n(sec.103-ssec.13) The day the annual review allocation is decided under the annual review process is taken to be the annual review day for the authority under new section 41(a).\n(sec.103-ssec.14) To the extent new part 3, division 2, subdivision 1 applies in relation to the annual review decision, a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority.\n(sec.103-ssec.15) If the holder does not give the scheme manager a notice under subsection (4) within the period mentioned in subsection (3)(b)— the review process ends; and the scheme manager must give the holder a notice stating— that the review process has ended; and that part 3, division 2, subdivision 2 applies in relation to the authority; and new part 3, division 2, subdivision 2 applies in relation to the authority as if— the matters mentioned in new section 53(f) applied in relation to the authority; and new section 55A required the surety for the authority to be given within 30 business days after the later of the following— the relevant anniversary day; or the day the period mentioned in subsection (3)(b) ends.\n- (a) before the commencement, the scheme manager had started, but not finished, the annual review process for an authority; and\n- (b) on the commencement— (i) the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m; and (ii) the authority is allocated to the risk category of very low, low or moderate.\n- (i) the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m; and\n- (ii) the authority is allocated to the risk category of very low, low or moderate.\n- (i) the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m; and\n- (ii) the authority is allocated to the risk category of very low, low or moderate.\n- (a) that the holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and\n- (b) that the holder may make the election within 20 business days after the notice is given to the holder.\n- (a) the day the notice is given; and\n- (b) the authority to which the notice relates; and\n- (c) that the authority is subject to risk category allocation under part 3, division 1.\n- (a) the balance of the annual review process restarts as if the amendment Act had not been enacted; and\n- (b) the scheme manager must— (i) decide the annual review allocation day for the authority; and (ii) give the holder notice of the decision before or when the notice mentioned in former section 41 is given to the holder.\n- (i) decide the annual review allocation day for the authority; and\n- (ii) give the holder notice of the decision before or when the notice mentioned in former section 41 is given to the holder.\n- (i) decide the annual review allocation day for the authority; and\n- (ii) give the holder notice of the decision before or when the notice mentioned in former section 41 is given to the holder.\n- (a) starting on the commencement; and\n- (b) ending at the end of the period mentioned in subsection (3)(b).\n- (a) the review process ends; and\n- (b) the scheme manager must give the holder a notice stating— (i) that the review process has ended; and (ii) that part 3, division 2, subdivision 2 applies in relation to the authority; and\n- (i) that the review process has ended; and\n- (ii) that part 3, division 2, subdivision 2 applies in relation to the authority; and\n- (c) new part 3, division 2, subdivision 2 applies in relation to the authority as if— (i) the matters mentioned in new section 53(f) applied in relation to the authority; and (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) the relevant anniversary day; or (B) the day the period mentioned in subsection (3)(b) ends.\n- (i) the matters mentioned in new section 53(f) applied in relation to the authority; and\n- (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) the relevant anniversary day; or (B) the day the period mentioned in subsection (3)(b) ends.\n- (A) the relevant anniversary day; or\n- (B) the day the period mentioned in subsection (3)(b) ends.\n- (i) that the review process has ended; and\n- (ii) that part 3, division 2, subdivision 2 applies in relation to the authority; and\n- (i) the matters mentioned in new section 53(f) applied in relation to the authority; and\n- (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) the relevant anniversary day; or (B) the day the period mentioned in subsection (3)(b) ends.\n- (A) the relevant anniversary day; or\n- (B) the day the period mentioned in subsection (3)(b) ends.\n- (A) the relevant anniversary day; or\n- (B) the day the period mentioned in subsection (3)(b) ends.","sortOrder":146},{"sectionNumber":"sec.104","sectionType":"section","heading":"Existing authorities with high risk category allocation if annual review process not finished before the commencement","content":"### sec.104 Existing authorities with high risk category allocation if annual review process not finished before the commencement\n\nThis section applies if—\nbefore the commencement, the scheme manager had started, but not finished, the annual review process for an authority; and\non the commencement—\nthe estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m; and\nthe authority is allocated to the risk category of high.\nOn the commencement—\nthe review process ends; and\nthe scheme manager must give the holder a notice stating that the review process has ended.\nIf, for the last annual review decision made in relation to the authority before the commencement, former section 46(b) applied, new part 3, division 2, subdivision 2 applies in relation to the authority as if—\nthe matters mentioned in new section 53(f) applied in relation to the authority; and\nnew section 55A required the surety for the authority to be given within 30 business days after the later of the following—\nthe relevant anniversary day for the authority;\nthe day the scheme manager gives the notice under subsection (2)(b).\ns 104 ins 2024 No. 33 s 129\n(sec.104-ssec.1) This section applies if— before the commencement, the scheme manager had started, but not finished, the annual review process for an authority; and on the commencement— the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m; and the authority is allocated to the risk category of high.\n(sec.104-ssec.2) On the commencement— the review process ends; and the scheme manager must give the holder a notice stating that the review process has ended.\n(sec.104-ssec.3) If, for the last annual review decision made in relation to the authority before the commencement, former section 46(b) applied, new part 3, division 2, subdivision 2 applies in relation to the authority as if— the matters mentioned in new section 53(f) applied in relation to the authority; and new section 55A required the surety for the authority to be given within 30 business days after the later of the following— the relevant anniversary day for the authority; the day the scheme manager gives the notice under subsection (2)(b).\n- (a) before the commencement, the scheme manager had started, but not finished, the annual review process for an authority; and\n- (b) on the commencement— (i) the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m; and (ii) the authority is allocated to the risk category of high.\n- (i) the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m; and\n- (ii) the authority is allocated to the risk category of high.\n- (i) the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m; and\n- (ii) the authority is allocated to the risk category of high.\n- (a) the review process ends; and\n- (b) the scheme manager must give the holder a notice stating that the review process has ended.\n- (a) the matters mentioned in new section 53(f) applied in relation to the authority; and\n- (b) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (i) the relevant anniversary day for the authority; (ii) the day the scheme manager gives the notice under subsection (2)(b).\n- (i) the relevant anniversary day for the authority;\n- (ii) the day the scheme manager gives the notice under subsection (2)(b).\n- (i) the relevant anniversary day for the authority;\n- (ii) the day the scheme manager gives the notice under subsection (2)(b).","sortOrder":147},{"sectionNumber":"sec.105","sectionType":"section","heading":"Option to elect before relevant anniversary day for particular existing authorities","content":"### sec.105 Option to elect before relevant anniversary day for particular existing authorities\n\nThis section applies if—\nimmediately before the commencement—\nan authority was allocated to the risk category of very low, low or moderate; and\nthe annual review process for the authority had not started; and\non the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\nThe scheme manager must, at least 30 business days before the relevant anniversary day for the authority, give the holder a notice stating—\nthat the holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and\nthat the holder may make the election within 20 business days after the notice is given to the holder.\nThe holder may elect for the authority to be subject to risk category allocation under new part 3, division 1 by giving the scheme manager notice of the election within the period mentioned in subsection (2)(b).\nIf the holder gives the scheme manager a notice under subsection (3) within the period mentioned in subsection (2)(b), the scheme manager must give the holder a notice stating—\nthe day the notice is given; and\nthe authority to which the notice relates; and\nthat the authority is subject to risk category allocation under part 3, division 1.\nA notice given under subsection (4) is taken to be an election notice for the authority under new part 3, division 1A.\nIf the scheme manager gives the holder a notice under subsection (4)—\nnew part 3, division 1, subdivision 3 applies in relation to the authority as if a reference in new section 38(3) to the annual review allocation day included a reference to the relevant anniversary day for the authority; and\nthe scheme manager must—\ndecide the annual review allocation day for the authority; and\ngive the holder notice of the decision before or when the notice under new section 41 is given to the holder.\nThe annual review allocation day takes effect on the relevant anniversary day for the authority.\nNew section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority.\nTo the extent new part 3, division 2, subdivision 1 applies in relation to an annual review decision made because of subsection (6), a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority.\nIf the holder does not give the scheme manager a notice under subsection (3) within the period mentioned in subsection (2)(b)—\nthe scheme manager must give the holder a notice stating that part 3, division 2, subdivision 2 applies in relation to the authority; and\nnew part 3, division 2, subdivision 2 applies in relation to the authority as if—\nthe matters mentioned in new section 53(f) applied in relation to the authority; and\nnew section 55A required the surety for the authority to be given within 30 business days after the later of the following—\nthe relevant anniversary day;\nthe day the period mentioned in subsection (2)(b) ends.\nThis section stops applying in relation to the authority if, after the commencement and before the relevant anniversary day for the authority—\nthe estimated rehabilitation cost for the authority is less than $100,000; or\nthe authority is surrendered under the Environmental Protection Act 1994 , chapter 5; or\na changed holder event happens that has the effect of another holder of the authority being liable to pay a contribution, or give a surety, under new part 3.\nAlso, this section stops applying in relation to the authority if—\nthe estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and\nimmediately before the estimated rehabilitation cost increased, an election notice is not in effect for the authority.\ns 105 ins 2024 No. 33 s 129\n(sec.105-ssec.1) This section applies if— immediately before the commencement— an authority was allocated to the risk category of very low, low or moderate; and the annual review process for the authority had not started; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\n(sec.105-ssec.2) The scheme manager must, at least 30 business days before the relevant anniversary day for the authority, give the holder a notice stating— that the holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and that the holder may make the election within 20 business days after the notice is given to the holder.\n(sec.105-ssec.3) The holder may elect for the authority to be subject to risk category allocation under new part 3, division 1 by giving the scheme manager notice of the election within the period mentioned in subsection (2)(b).\n(sec.105-ssec.4) If the holder gives the scheme manager a notice under subsection (3) within the period mentioned in subsection (2)(b), the scheme manager must give the holder a notice stating— the day the notice is given; and the authority to which the notice relates; and that the authority is subject to risk category allocation under part 3, division 1.\n(sec.105-ssec.5) A notice given under subsection (4) is taken to be an election notice for the authority under new part 3, division 1A.\n(sec.105-ssec.6) If the scheme manager gives the holder a notice under subsection (4)— new part 3, division 1, subdivision 3 applies in relation to the authority as if a reference in new section 38(3) to the annual review allocation day included a reference to the relevant anniversary day for the authority; and the scheme manager must— decide the annual review allocation day for the authority; and give the holder notice of the decision before or when the notice under new section 41 is given to the holder.\n(sec.105-ssec.7) The annual review allocation day takes effect on the relevant anniversary day for the authority.\n(sec.105-ssec.8) New section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority.\n(sec.105-ssec.9) To the extent new part 3, division 2, subdivision 1 applies in relation to an annual review decision made because of subsection (6), a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority.\n(sec.105-ssec.10) If the holder does not give the scheme manager a notice under subsection (3) within the period mentioned in subsection (2)(b)— the scheme manager must give the holder a notice stating that part 3, division 2, subdivision 2 applies in relation to the authority; and new part 3, division 2, subdivision 2 applies in relation to the authority as if— the matters mentioned in new section 53(f) applied in relation to the authority; and new section 55A required the surety for the authority to be given within 30 business days after the later of the following— the relevant anniversary day; the day the period mentioned in subsection (2)(b) ends.\n(sec.105-ssec.11) This section stops applying in relation to the authority if, after the commencement and before the relevant anniversary day for the authority— the estimated rehabilitation cost for the authority is less than $100,000; or the authority is surrendered under the Environmental Protection Act 1994 , chapter 5; or a changed holder event happens that has the effect of another holder of the authority being liable to pay a contribution, or give a surety, under new part 3.\n(sec.105-ssec.12) Also, this section stops applying in relation to the authority if— the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and immediately before the estimated rehabilitation cost increased, an election notice is not in effect for the authority.\n- (a) immediately before the commencement— (i) an authority was allocated to the risk category of very low, low or moderate; and (ii) the annual review process for the authority had not started; and\n- (i) an authority was allocated to the risk category of very low, low or moderate; and\n- (ii) the annual review process for the authority had not started; and\n- (b) on the commencement, the estimated rehabilitation cost for the authority is equal to or more than $100,000 but less than $10m.\n- (i) an authority was allocated to the risk category of very low, low or moderate; and\n- (ii) the annual review process for the authority had not started; and\n- (a) that the holder may elect for the authority to be subject to risk category allocation under part 3, division 1; and\n- (b) that the holder may make the election within 20 business days after the notice is given to the holder.\n- (a) the day the notice is given; and\n- (b) the authority to which the notice relates; and\n- (c) that the authority is subject to risk category allocation under part 3, division 1.\n- (a) new part 3, division 1, subdivision 3 applies in relation to the authority as if a reference in new section 38(3) to the annual review allocation day included a reference to the relevant anniversary day for the authority; and\n- (b) the scheme manager must— (i) decide the annual review allocation day for the authority; and (ii) give the holder notice of the decision before or when the notice under new section 41 is given to the holder.\n- (i) decide the annual review allocation day for the authority; and\n- (ii) give the holder notice of the decision before or when the notice under new section 41 is given to the holder.\n- (i) decide the annual review allocation day for the authority; and\n- (ii) give the holder notice of the decision before or when the notice under new section 41 is given to the holder.\n- (a) the scheme manager must give the holder a notice stating that part 3, division 2, subdivision 2 applies in relation to the authority; and\n- (b) new part 3, division 2, subdivision 2 applies in relation to the authority as if— (i) the matters mentioned in new section 53(f) applied in relation to the authority; and (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) the relevant anniversary day; (B) the day the period mentioned in subsection (2)(b) ends.\n- (i) the matters mentioned in new section 53(f) applied in relation to the authority; and\n- (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) the relevant anniversary day; (B) the day the period mentioned in subsection (2)(b) ends.\n- (A) the relevant anniversary day;\n- (B) the day the period mentioned in subsection (2)(b) ends.\n- (i) the matters mentioned in new section 53(f) applied in relation to the authority; and\n- (ii) new section 55A required the surety for the authority to be given within 30 business days after the later of the following— (A) the relevant anniversary day; (B) the day the period mentioned in subsection (2)(b) ends.\n- (A) the relevant anniversary day;\n- (B) the day the period mentioned in subsection (2)(b) ends.\n- (A) the relevant anniversary day;\n- (B) the day the period mentioned in subsection (2)(b) ends.\n- (a) the estimated rehabilitation cost for the authority is less than $100,000; or\n- (b) the authority is surrendered under the Environmental Protection Act 1994 , chapter 5; or\n- (c) a changed holder event happens that has the effect of another holder of the authority being liable to pay a contribution, or give a surety, under new part 3.\n- (a) the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount; and\n- (b) immediately before the estimated rehabilitation cost increased, an election notice is not in effect for the authority.","sortOrder":148},{"sectionNumber":"sec.106","sectionType":"section","heading":"Application of new pt 3, div 1, sdiv 2 for particular authorities to which s 105 applies","content":"### sec.106 Application of new pt 3, div 1, sdiv 2 for particular authorities to which s 105 applies\n\nThis section applies if—\nsection 105 stops applying in relation to an authority—\nunder section 105(11)(c); or\nbecause section 105, according to its terms, is spent; and\nunder new part 3, division 1A, the scheme manager gives the changed holder an election notice for the authority.\nFor deciding the changed holder allocation in relation to the changed holder event, new part 3, division 1, subdivision 2 applies in relation to the authority as if the authority were not allocated to a risk category.\ns 106 ins 2024 No. 33 s 129\n(sec.106-ssec.1) This section applies if— section 105 stops applying in relation to an authority— under section 105(11)(c); or because section 105, according to its terms, is spent; and under new part 3, division 1A, the scheme manager gives the changed holder an election notice for the authority.\n(sec.106-ssec.2) For deciding the changed holder allocation in relation to the changed holder event, new part 3, division 1, subdivision 2 applies in relation to the authority as if the authority were not allocated to a risk category.\n- (a) section 105 stops applying in relation to an authority— (i) under section 105(11)(c); or (ii) because section 105, according to its terms, is spent; and\n- (i) under section 105(11)(c); or\n- (ii) because section 105, according to its terms, is spent; and\n- (b) under new part 3, division 1A, the scheme manager gives the changed holder an election notice for the authority.\n- (i) under section 105(11)(c); or\n- (ii) because section 105, according to its terms, is spent; and","sortOrder":149},{"sectionNumber":"sec.107","sectionType":"section","heading":"Particular existing authorities if s 105 stops applying because estimated rehabilitation cost equal to or more than prescribed ERC amount","content":"### sec.107 Particular existing authorities if s 105 stops applying because estimated rehabilitation cost equal to or more than prescribed ERC amount\n\nThis section applies if section 105 stops applying in relation to an authority under section 105(12).\nNew section 26(1) does not apply in relation to the administering authority’s decision of the estimated rehabilitation cost for the authority.\nNew part 3, division 1, subdivision 3 applies in relation to the authority as if a reference in new section 38(3) to the annual review allocation day included a reference to the relevant anniversary day for the authority.\nThe scheme manager must—\ndecide the annual review allocation day for the authority; and\ngive the holder notice of the decision before or when the notice under new section 41 is given to the holder.\nThe annual review allocation day takes effect on the relevant anniversary day for the authority.\nNew section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority.\nTo the extent new part 3, division 2, subdivision 1 applies in relation to an annual review decision made because of subsection (3), a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority.\ns 107 ins 2024 No. 33 s 129\n(sec.107-ssec.1) This section applies if section 105 stops applying in relation to an authority under section 105(12).\n(sec.107-ssec.2) New section 26(1) does not apply in relation to the administering authority’s decision of the estimated rehabilitation cost for the authority.\n(sec.107-ssec.3) New part 3, division 1, subdivision 3 applies in relation to the authority as if a reference in new section 38(3) to the annual review allocation day included a reference to the relevant anniversary day for the authority.\n(sec.107-ssec.4) The scheme manager must— decide the annual review allocation day for the authority; and give the holder notice of the decision before or when the notice under new section 41 is given to the holder.\n(sec.107-ssec.5) The annual review allocation day takes effect on the relevant anniversary day for the authority.\n(sec.107-ssec.6) New section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority.\n(sec.107-ssec.7) To the extent new part 3, division 2, subdivision 1 applies in relation to an annual review decision made because of subsection (3), a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority.\n- (a) decide the annual review allocation day for the authority; and\n- (b) give the holder notice of the decision before or when the notice under new section 41 is given to the holder.","sortOrder":150},{"sectionNumber":"sec.108","sectionType":"section","heading":"Transitional regulation-making power","content":"### sec.108 Transitional regulation-making power\n\nA regulation (a transitional regulation ) may make provision about a matter for which—\nit is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act, as in force before its amendment by the amendment Act, to the operation of this Act, as in force after its amendment by the amendment Act; and\nthis Act does not provide or sufficiently provide.\nA transitional regulation may have retrospective operation to a day not earlier than the day this section commences.\nA transitional regulation must declare it is a transitional regulation.\ns 108 ins 2024 No. 33 s 129\nexp 1 October 2027 (see s 109)\n(sec.108-ssec.1) A regulation (a transitional regulation ) may make provision about a matter for which— it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act, as in force before its amendment by the amendment Act, to the operation of this Act, as in force after its amendment by the amendment Act; and this Act does not provide or sufficiently provide.\n(sec.108-ssec.2) A transitional regulation may have retrospective operation to a day not earlier than the day this section commences.\n(sec.108-ssec.3) A transitional regulation must declare it is a transitional regulation.\n- (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act, as in force before its amendment by the amendment Act, to the operation of this Act, as in force after its amendment by the amendment Act; and\n- (b) this Act does not provide or sufficiently provide.","sortOrder":151},{"sectionNumber":"sec.109","sectionType":"section","heading":"Expiry of subdivision and transitional regulation","content":"### sec.109 Expiry of subdivision and transitional regulation\n\nThis subdivision and any transitional regulation under section 108 expire on the day that is 2 years after the day this section commences.\ns 109 ins 2024 No. 33 s 129\nexp 1 October 2027 (see s 109)","sortOrder":152}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original purpose was to create a financial provisioning scheme for environmental rehabilitation by holders of authorities. Subsequent amendments (especially in 2020 and 2024) significantly expanded its scope to include a residual risks fund for abandoned mine sites and operating plants, research into land rehabilitation, and a detailed election process for authorities with estimated costs between $100,000 and the prescribed ERC amount. The 2024 amendments also introduced changed holder events and annual review allocation days, adding layers of complexity and extending the scheme's reach to more entities and situations."},"complexity_factors":["47 defined terms in the dictionary (schedule 1), plus additional definitions throughout","Heavy cross-referencing to the Environmental Protection Act 1994 (e.g., sections 297, 300, 316G) and other Acts (Corporations Act, Mineral Resources Act)","Nested conditional logic in risk category allocation: multiple thresholds ($100,000, $10m, prescribed ERC amount), election notices, changed holder events, and annual reviews","Complex formulae for contributions involving estimated rehabilitation cost, prescribed percentages, and days between review days (sections 47 and 49)","Detailed transitional provisions for the 2024 amendments (sections 93–109) with multiple scenarios for unfinished processes","Excessive use of regulation-making power to set key amounts (fund threshold, prescribed ERC amount, fees) leaving uncertainty","Long act with over 100 sections, including many subdivisions and sub-subdivisions","Multiple exceptions and glitches (e.g., section 26(4)-(5), section 46 for high risk, section 48)","Confidentiality and offence provisions add procedural complexity"],"plain_english_summary":"This Act creates a Queensland scheme requiring mining and energy companies with environmental authorities to lodge money or financial guarantees to cover land rehabilitation and abandoned‑site costs. A scheme manager assigns risk categories that determine each company’s required contribution; the government can use the fund or call guarantees if operators default. It shifts cleanup risk to industry, raises compliance costs, and gives the scheme manager broad discretion, increasing uncertainty for businesses."},"kimi_summary":{"_metrics":{"completionTokens":872},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2018 form. The 2020 amendments added the residual risks fund and associated administration (Part 3A). The 2024 amendments (No. 33) substantially broadened scope by: (1) introducing an 'election' system for medium-sized projects ($100k–$10m ERC) allowing holders to opt into risk-based allocation; (2) adding detailed 'changed holder event' provisions for corporate restructures; (3) creating new annual review allocation day mechanics with application/change processes; and (4) inserting extensive transitional provisions (19 new sections) to manage the shift from old to new frameworks. The original Act was primarily about establishing the scheme; later amendments made it increasingly prescriptive about procedural mechanics and edge cases."},"complexity_factors":["Multiple nested conditional triggers for when different rules apply (e.g., sections 26, 46, 53 with 8+ alternative scenarios each)","Extensive cross-referencing to other Acts (Environmental Protection Act 1994, Mineral Resources Act 1989, Petroleum and Gas Act 2004, Corporations Act)","Complex mathematical formulas for calculating contributions (section 47) with multiple variables and date-dependent denominators","Five-tier risk categorisation system with different financial obligations for each tier","Dual-track system: contributions vs sureties with election mechanisms and transitional rules","Multiple fund structures (scheme fund, cash surety account, residual risks fund) with different investment and payment rules","Detailed procedural requirements for notices, submissions, time periods (business days), and decision-making","2024 amendments added extensive transitional provisions (sections 93–108) dealing with grandfathered arrangements","Defined terms scattered across Act and Schedule 1 dictionary requiring constant cross-checking","Interaction between State-level thresholds and project-specific estimated rehabilitation costs"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a **financial provisioning scheme** to make sure mining and energy companies in Queensland have enough money set aside to clean up their environmental mess if they go broke or walk away from their projects.\n\n**Who it affects:**\n- **Mining and energy companies** (holders of environmental authorities and resource tenures)\n- **The Queensland Government** (through the \"scheme manager\" who runs the system)\n- **The public** (who benefit from protected land and water)\n\n**How it works:**\n\nThe scheme manager sorts companies into **five risk categories** (very low, low, moderate, moderate-high, high) based on how likely they are to leave the State with cleanup costs. Depending on their risk:\n\n- **Lower-risk companies** pay **contributions** into a pooled **scheme fund** (like an insurance pool)\n- **Higher-risk companies** must provide **sureties** (bank guarantees, insurance bonds, or cash deposits) to cover their specific cleanup costs\n- **Very large projects** may need to do both—pay into the fund *and* provide sureties for costs above a threshold ($450m–$600m depending on credit ratings)\n\n**Key features:**\n- **Two funds**: The main scheme fund (for active rehabilitation) and a **residual risks fund** (for abandoned mines and long-term environmental problems)\n- **Annual reviews**: The scheme manager reassesses each company's risk category yearly\n- **Changed holder rules**: If a company sells or transfers a project, the new owner gets reassessed\n- **Election system**: For medium-sized projects ($100k–$10m cleanup costs), companies can choose to join the risk-based system or simply provide a surety\n\n**Why it matters:**\nBefore this law, Queensland taxpayers often got stuck paying to clean up abandoned mines. This creates a \"polluter pays\" system where companies—not the public—bear the financial risk of environmental harm.\n\n**Important caveat:** The Act explicitly says it does **not** create any obligation on the State to actually do the cleanup work. It just provides money if the State chooses to act."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.6(ssec.2) and sec.6(ssec.3)","severity":"medium","reasoning":"If compliance doesn't prove you've met civil obligations, and breach doesn't give rise to civil remedies, the Act's obligations are operationally incoherent from a civil law perspective. A regulated party cannot use compliance as a defence and faces no civil consequences for breach, making the obligations practically meaningless in the civil sphere.","confidence":0.72,"description":"Section 6(2) states compliance with the Act does not necessarily show a civil obligation has been satisfied or has not been breached, while section 6(3) states a breach of an obligation under the Act does not give rise to a civil remedy. Together these create a situation where compliance is meaningless (may still be a breach) and non-compliance is also consequence-free (no civil remedy). The Act imposes obligations that are simultaneously irrelevant to civil liability whether met or not."},{"type":"self_contradicting","section":"sec.6(ssec.4)","severity":"medium","reasoning":"The Act compels industry to contribute to a fund for rehabilitation and environmental harm prevention (sec.3), establishes that fund (sec.24), and provides for payments from it (sec.24(9)), yet sec.6(4) explicitly declares no State obligation exists to actually perform those functions. This creates a fund with mandatory contributions but no corresponding mandatory expenditure obligation, undermining the stated purposes.","confidence":0.75,"description":"Section 6(4) declares 'nothing in this Act creates an obligation on the State to take action, or incur costs and expenses' to prevent environmental harm or rehabilitate the environment, yet the entire purpose of the Act (section 3(c) and 3(d)) is to provide a source of funds to the State for precisely those costs and expenses. The State collects mandatory contributions from industry but then disclaims any obligation to spend them on the stated purposes."},{"type":"impossible_compliance","section":"sec.16(ssec.2)","severity":"high","reasoning":"A vacancy could extend well beyond 6 months. The 6-month cap on acting appointments combined with the absence of any provision for extended vacancies or alternative management arrangements creates an operational gap where the scheme has no lawful manager. The scheme manager has critical statutory functions under sec.21 that cannot be left unperformed.","confidence":0.78,"description":"The acting scheme manager cannot be appointed for more than 6 months in any 12-month period, but section 16(1)(a) permits appointment during a vacancy in the office. If the position remains vacant for more than 6 months — which is plausible given the Governor in Council appointment process under sec.12 — there is no lawful mechanism to have an acting scheme manager during the remainder of that vacancy, leaving the scheme potentially without a manager."},{"type":"self_contradicting","section":"sec.19(ssec.1) and sec.20","severity":"low","reasoning":"The interaction between sec.19(1) and sec.20 is awkward but likely intentional — the scheme manager is treated as part of the department (not a separate entity) specifically to avoid statutory body status. However, sec.19(2) then creates an exception to the FAA's delegation rules 'despite' that Act, suggesting uncertainty about how the FAA applies. The drafting is confused about the scheme manager's precise legal character.","confidence":0.55,"description":"Section 19(1) makes the scheme manager 'a part of the department' for the Financial Accountability Act 2009, while section 20 provides the scheme manager is 'not a statutory body' for the Financial Accountability Act 2009. These two provisions together create an incoherent status: the scheme manager is simultaneously part of the department (and thus subject to departmental financial accountability) yet excluded from being a statutory body under the same Act, creating ambiguity about which provisions of the FAA actually apply."},{"type":"self_contradicting","section":"sec.25(ssec.4) and sec.25(ssec.5-6)","severity":"medium","reasoning":"The Statutory Bodies Financial Arrangements Act 1982 governs investment by statutory bodies. Section 20 excludes the scheme manager from being a statutory body under that Act. Section 25(5)(b) then authorises investments under that Act's section 44(1)(d). It is legally unclear whether the scheme manager can access investment arrangements under an Act from which it is explicitly excluded.","confidence":0.68,"description":"The cash surety account investment restrictions (deposits with a financial institution or Statutory Bodies Financial Arrangements Act s.44(1)(d) arrangements, at call or fixed term not exceeding 1 year) apply to the scheme manager, yet section 20 explicitly states the scheme manager is NOT a statutory body for the Statutory Bodies Financial Arrangements Act 1982. Permitting investment in arrangements under an Act that does not apply to the scheme manager creates a legal ambiguity about whether those investment arrangements are actually available."},{"type":"other","section":"sec.26(ssec.1)(b) and sec.26(ssec.2)","severity":"low","reasoning":"The regulatory floor of 'more than $100,000' for the prescribed ERC amount combined with the band definition in sec.26(2) creates a structural fragility where a sufficiently low prescribed amount could eliminate the meaningful operation of the election notice pathway.","confidence":0.5,"description":"The prescribed ERC amount defaults to $10m if no regulation prescribes a different amount. Section 26(2) applies to authorities with ERC between $100,000 and less than the prescribed ERC amount. If no regulation is made, this creates a band of $100,000 to under $10m for the election notice pathway. However, section 26(1)(b)(i) requires the prescribed amount to be 'of more than $100,000', meaning if a regulation prescribes exactly $100,001, the band in s.26(2) essentially disappears, making the entire election notice mechanism for that band practically meaningless."},{"type":"retroactive_impossibility","section":"sec.37(ssec.1)(c)","severity":"medium","reasoning":"Unlike events in sec.31A(1)(a) and (b) which are conditional on regulatory approval, control changes under Corporations Act ss.50AA and 46 can occur automatically. The scheme manager's review process takes time (notice of indicative decision, 20 business days for submissions, then decision period). During this period the corporate event has already occurred. The 10 business day post-notice effective date creates a gap where a company may have already restructured its affairs before its new financial provisioning obligations are formally determined.","confidence":0.65,"description":"For changed holder events involving changes in control or subsidiary status (section 31A(1)(c) and (d)), the changed holder allocation takes effect 10 business days after the notice is given. However, the underlying corporate event (start or stop of control/subsidiary relationship) has already happened before the scheme manager even conducts its review. This means the allocation takes effect based on a historical event, potentially retroactively changing financial obligations with respect to a corporate restructure that is already complete and potentially irreversible."}],"contradictions":[{"severity":"medium","section_a":"sec.3(a) and sec.3(c)","section_b":"sec.6(ssec.4)","confidence":0.74,"description":"Sections 3(a) and 3(c) state purposes include providing for contributions and providing a source of funds to the State for costs of preventing environmental harm and rehabilitating the environment. Section 6(4) expressly declares nothing in the Act creates an obligation on the State to actually spend funds on those purposes. The Act mandates industry fund the State's environmental costs while the State disclaims any obligation to incur those costs."},{"severity":"low","section_a":"sec.5(ssec.1)","section_b":"sec.6(ssec.4)","confidence":0.45,"description":"Section 5(1) preserves the full operation of the Environmental Protection Act 1994 unless this Act expressly provides otherwise. The Environmental Protection Act 1994 may impose obligations on the State in relation to environmental harm. However, section 6(4) of this Act expressly declares that nothing in this Act creates an obligation on the State to take action to prevent environmental harm. If the EPA does impose such obligations, sec.6(4) cannot exclude them (by virtue of sec.5(1)), creating an unresolved tension about the State's actual obligations."},{"severity":"low","section_a":"sec.19(ssec.1)","section_b":"sec.20","confidence":0.52,"description":"Section 19(1) deems the scheme manager to be 'a part of the department' for the Financial Accountability Act 2009, which would normally mean the Act applies to the scheme manager through the department. Section 20 then states the scheme manager is 'not a statutory body' for the Financial Accountability Act 2009. These two provisions create an inconsistent status under the same Act — integrated into it via the department on one hand, excluded as a separate entity on the other."},{"severity":"medium","section_a":"sec.25(ssec.5)(b)","section_b":"sec.20","confidence":0.7,"description":"Section 25(5)(b) permits the scheme manager to invest cash surety account funds in 'investment arrangements mentioned in the Statutory Bodies Financial Arrangements Act 1982, section 44(1)(d)'. Section 20 explicitly provides that the scheme manager is not a statutory body for the Statutory Bodies Financial Arrangements Act 1982. Permitting investment under provisions of an Act from which the scheme manager is expressly excluded is internally contradictory."},{"severity":"low","section_a":"sec.22(ssec.1) and sec.22(ssec.2)","section_b":"sec.22(ssec.3)","confidence":0.4,"description":"Sections 22(1) and 22(2) give the scheme manager 'all the powers of an individual' and any powers given under any Act, subject to subsection (3). Section 22(3) prohibits borrowing money. An individual has the power to borrow money. Section 22(3) therefore carves out a specific individual power, which is internally consistent in intent but creates an express contradiction with the breadth of sec.22(1)'s grant of 'all the powers of an individual'. While the qualification 'subject to subsection (3)' makes the drafting technically functional, the grant of 'all powers of an individual' followed immediately by an exception creates drafting tension that may cause interpretive difficulties about what other individual powers are implicitly constrained."}]},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act (2018) focused on financial provisioning for active authority holders — contributions to a scheme fund or sureties to cover rehabilitation costs. Subsequent amendments (notably 2020 No. 26) significantly expanded scope by adding the Residual Risks Fund and the administration of residual risk payments under the Environmental Protection Act 1994, capturing long-term post-closure environmental risks beyond the original active-mining focus. The 2020 No. 14 amendments added the detailed 'changed holder event' framework, substantially expanding coverage to corporate restructuring and ownership change scenarios. The 2024 No. 33 amendments introduced the 'annual review allocation day' system, adding an ongoing periodic review mechanism that was not part of the original design. Collectively, these amendments transformed the Act from a relatively focused financial security instrument into a comprehensive, lifecycle environmental financial management regime."},"complexity_factors":["Extensive cross-referencing with multiple other Acts (Environmental Protection Act 1994, Mineral and Energy Resources (Common Provisions) Act 2014, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Corporations Act, Queensland Treasury Corporation Act 1988, Public Sector Act 2022)","Multi-tiered risk categorisation system with five categories and complex allocation decision-making criteria involving financial soundness, parent corporations, and multiple holders","Multiple fund structures operating in parallel (Scheme Fund, Cash Surety Account, Residual Risks Fund) with distinct rules for each","Intricate threshold system with prescribed ERC amounts, regulatory override provisions, and dollar thresholds ($100,000, $450m, $600m) that interact with credit ratings","Complex 'changed holder event' provisions tracking corporate control changes, subsidiary relationships, assessable and non-assessable transfers under separate legislation","Layered procedural requirements with multiple notice types (notice of indicative decision, election notice, changed holder allocation notice) and prescribed business day timeframes throughout","Interaction between pre-existing allocations and new events requiring careful sequencing (e.g., subsection 26(3)-(6) carve-outs for prior decisions)","Governor in Council involvement in appointments, remuneration and recommendations, adding an executive governance layer","Scheme Manager's dual role (managing the scheme AND administering the residual risks fund) with distinct powers and investment constraints for each function","Provisions have been amended multiple times (2019, 2020, 2022, 2024) creating version-tracking complexity"],"plain_english_summary":"## What is this law about?\n\nThis Queensland law creates a **financial safety net** to protect the environment (and Queensland taxpayers) when mining and resource companies don't properly clean up after themselves.\n\n## The core problem it solves\n\nWhen a mining company abandons a site or goes bust without rehabilitating the land, *someone* has to pay to fix the mess. Before this law, that cost often fell on Queensland taxpayers. This Act makes **resource companies pay in advance** — either into a pooled fund or by providing a financial guarantee — so the money is there when it's needed.\n\n## Who does this affect?\n\n- **Mining and resource companies** holding environmental authorities in Queensland — they must either contribute to the scheme fund or provide a surety (a financial guarantee, like a bank guarantee)\n- **Small-scale miners** may also be captured in some circumstances\n- **Queensland taxpayers** — protected from footing the bill for abandoned mine cleanups\n\n## How does it work?\n\n1. **Risk rating system**: A government-appointed 'Scheme Manager' assesses each mining authority and assigns it a risk category — from 'very low' to 'high' — based on the company's financial health and the estimated cost of rehabilitating the site\n2. **Pay into the fund OR provide a guarantee**: Depending on their risk rating, companies either pay contributions into a central 'Financial Provisioning Fund' (pooled insurance-style) or provide their own surety (bank guarantee or similar)\n3. **Two key funds are created**:\n   - **Scheme Fund** — pooled contributions used to pay for rehabilitation when companies default\n   - **Residual Risks Fund** — handles long-term/ongoing environmental risks for sites that have already been cleaned up, funded by payments under the Environmental Protection Act 1994\n4. **Abandoned mines covered**: The fund can pay for remediation of abandoned mine sites and old industrial plants, even where there's no identifiable current owner to pursue\n5. **Thresholds matter**: Companies with estimated rehabilitation costs above ~$10 million (or a regulation-prescribed amount) are automatically captured. Smaller operations between $100,000–$10 million may be brought in voluntarily or by election notice\n\n## What happens if a company changes hands?\n\nIf a mining authority is transferred or the controlling entity changes, the Scheme Manager must reassess the risk rating for the new holder — ensuring the financial safety net stays calibrated to the new owner's financial position.\n\n## Key protections built in\n\n- The law **explicitly does not** create a legal obligation on the State to clean up every site — it just provides a funding mechanism if the State chooses to act\n- Companies retain their obligations under the *Environmental Protection Act 1994* — this law doesn't let anyone off the hook for their environmental duties\n- Companies can make **submissions** before a risk rating is finalised, giving them a right to be heard\n\n## Why does this matter to ordinary Queenslanders?\n\nThis law means mining companies — not taxpayers — bear the financial risk of environmental cleanup. It also creates a fund specifically for **historically abandoned mines** where there's no company left to pursue."}},"importantCases":[],"_links":{"self":"/api/acts/mineral-and-energy-resources-financial-provisioning-act-2018","history":"/api/acts/mineral-and-energy-resources-financial-provisioning-act-2018/history","analysis":"/api/acts/mineral-and-energy-resources-financial-provisioning-act-2018/analysis","conflicts":"/api/acts/mineral-and-energy-resources-financial-provisioning-act-2018/conflicts","importantCases":"/api/acts/mineral-and-energy-resources-financial-provisioning-act-2018/important-cases","documents":"/api/acts/mineral-and-energy-resources-financial-provisioning-act-2018/documents"}}