124ZConditions relating to activities regulated by prescribed

124Z Conditions relating to activities regulated by prescribed enactments (1) Conditions imposed on an environmental (mining) licence may authorise or regulate the environmental impacts of the following activities associated with a mining activity for which an authorisation under a prescribed enactment is required: (a) the clearing of native vegetation; (b) interference with a waterway; (c) discharge of waste to water; (d) the impact of emissions of contaminants or waste on nearby communities; (e) the carrying out of bore work (see section 4 of the Water Act 1992); (f) an activity prescribed by regulation. (2) If a condition of an environmental (mining) licence authorises an activity mentioned in subsection (1)(a) to (f), an authorisation for that activity under the prescribed enactment is not required, despite anything to the contrary in the prescribed enactment. (3) A condition of an environmental (mining) licence cannot authorise the extraction of water for which a licence is required under the Water Act 1992. authorisation means a permit, approval or other authorisation. prescribed enactment means an Act or statutory instrument, or a provision of an Act or statutory instrument, prescribed by regulation. 124ZA Conditions requiring reporting of activity and independent preparation or review of reports and documents (1) A condition may be imposed on an environmental (mining) licence to require a mining operator to provide reports to the Minister in the manner and within the times specified in the licence. (2) A condition under subsection (1) may require a report to the Minister on the mining operator's compliance with the environmental (mining) licence and with any other requirements imposed by this Act in relation to the licence. Environment Protection Act 2019 90 (3) The Minister may direct the mining operator to publish a report mentioned in subsection (1) in the manner the Minister directs. (4) A condition may be imposed on an environmental (mining) licence to require that specified information or reports required to be provided by the mining operator to the Minister under the licence or this Part must be prepared or reviewed by a qualified person in 124ZB Conditions relating to care and maintenance periods Conditions may be imposed on an environmental (mining) licence that require any of the following in relation to a care and maintenance period for a mining site: (a) that the mining site and its structures and facilities are managed and maintained in a way that minimises the environmental impacts at the mining site; (b) that remediation activities are carried out on the mining site; (c) that rehabilitation activities are carried out on the mining site. 124ZC Conditions may apply after mining activity completed (1) A condition on an environmental (mining) licence may be expressed to continue to apply in relation to the mining activity to which the licence applies after the completion of the mining activity. (2) Without limiting subsection (1), the conditions of an environmental (mining) licence may include requirements for: (a) remediation and rehabilitation of the mining site after the mining activity is completed or the site of the mining activity is closed; and (b) ongoing monitoring, management and reporting of the mining site after the mining activity is completed or the site of the mining activity is closed. (3) Without limiting subsection (1), the conditions of an environmental (mining) licence may require that the availability of a mining security extend beyond the period to which the environmental (mining) licence relates to include any period for which post-closure monitoring, management and reporting are required. Environment Protection Act 2019 91 124ZD Application of Subdivision (1) This Subdivision applies to the grant of an environmental (mining) licence for a mining activity. (2) An environmental (mining) licence may be: (a) a standard condition licence; or (b) a modified condition licence; or (c) a tailored condition licence. 124ZE Application for environmental (mining) licence (1) A mining operator may apply to the Minister for an environmental (mining) licence for a mining activity or mining activities. (2) The application may relate to all or any of the following: (a) a single mining activity on a single mining site; (b) more than one mining activity or kind of mining activity on a single mining site; (c) a single kind of mining activity on more than one mining site; (d) more than one kind of mining activity on more than one mining (3) The application must: (b) specify the mining activity or mining activities for which an environmental (mining) licence is sought; and (c) specify whether the application is for: (i) a standard condition licence; or (ii) a modified condition licence; or (iii) a tailored condition licence; and (d) for an application for a modified condition licence or a tailored condition licence – be accompanied by an assessment of the environmental risks and impacts associated with the mining activity; and Environment Protection Act 2019 92 (e) be accompanied by information required by the Minister to enable the Minister to calculate or recalculate any mining security required under this Act; and (f) for an application for a tailored condition licence for an exploration activity – be accompanied by a plan for the rehabilitation of any area of the mining site that is not required for an extractive operation or a mining operation; and (g) for an application for a tailored condition licence for an extractive operation or a mining operation – be accompanied by a closure plan for the mining site and a costing of the proposed closure activities; and (h) be accompanied by any other information required by the Minister to assess the application; and (i) be accompanied by the fee prescribed by regulation. (4) The Minister may require specified information to be included in the application to be prepared or reviewed by a qualified person in (5) The Minister must publish and assess the application in accordance with the regulations. (6) The Minister may refuse to accept an application if it does not include the required information. 124ZF Requirement for additional information (1) The Minister may direct the mining operator to give the Minister, considers reasonably necessary to assess the application for an environmental (mining) licence to meet the objects of this Act. (2) A direction to give information may be made at any time during the assessment of the application. (3) If the Minister gives a direction under this section, the required time under section 124ZM for the Minister to decide the application for an environmental (mining) licence ceases to run until the information is provided. Environment Protection Act 2019 93 124ZG Decision on application (1) After assessing the application in accordance with this section and the regulations, the Minister may: (a) grant: (i) a standard condition licence; or (ii) a modified condition licence; or (iii) a tailored condition licence; or (b) decide not to grant an environmental (mining) licence. (2) If the Minister decides not to grant a standard condition licence, the Minister may treat the application as an application for a modified condition licence or a tailored condition licence and grant a modified condition licence or a tailored condition licence instead. (3) The Minister may grant a modified condition licence or a tailored condition licence regardless of which of those types of licence is applied for. (4) If an application relates to more than one mining activity, the Minister may grant: (a) a separate environmental (mining) licence for each mining activity; or (b) a composite environmental (mining) licence covering all of the mining activities; or (c) a separate environmental (mining) licence for any of the mining activities and a composite environmental (mining) licence covering some or all of the remaining mining activities. (5) The Minister may grant an environmental (mining) licence relating to more than one mineral interest if the mining operator: (a) is the title holder for each mineral interest; or (b) has been appointed under section 124D by the title holder for each mineral interest. (6) In addition to the matters set out in Part 2, the Minister must consider the following in deciding whether to grant or not to grant an environmental (mining) licence: Environment Protection Act 2019 94 (b) whether the mining operator is a fit and proper person to hold an environmental (mining) licence; (c) the type of mineral interest applying to the mining site and whether the mining activity is authorised under the mineral interest; (d) any other matters the Minister considers relevant. (7) Subsection (6) does not apply if the mining operator: (a) holds an environmental approval for the mining activity for which the environmental (mining) licence is sought; or (b) has applied to the Minister for the transfer of an environmental approval for the mining activity for which the environmental (mining) licence is sought. (8) The Minister is not required to comply with subsection (6)(b) if, under section 70(4) of the Mineral Titles Act, the Mining Minister considered the mining operator to be a fit and proper person to hold the mineral interest. 124ZH Restrictions on grant of environmental (mining) licence (1) The Minister must refuse to grant an environmental (mining) licence for a mining activity if the Minister has refused to approve an environmental approval relating to the mining activity for which the licence is sought. (2) If a referred action or strategic proposal relating to a mining activity is being assessed under Part 4, Division 3, the Minister must not grant an environmental (mining) licence for the mining activity until: (a) the determination by the NT EPA as to whether the referred action or strategic proposal requires an environmental impact assessment under this Act; and (b) if an environmental impact assessment is required for the referred action or strategic proposal – the completion of the environmental impact assessment and environmental approval process for the action or strategic proposal. (3) Subsection (2) does not prevent the Minister from considering the application for the environmental (mining) licence while the environmental impact assessment of the referred action or strategic proposal relating to the mining activity is being carried out under Environment Protection Act 2019 95 (4) If the mining operator has applied to the Minister for approval of the transfer of an environmental approval for the mining activity for which an environmental (mining) licence is sought, the Minister must not grant the licence until the transfer of the environmental approval is approved by the Minister. 124ZI Environmental (mining) licence not to be inconsistent with environmental approval (1) An environmental (mining) licence for a mining activity is of no effect to the extent that it is inconsistent with an environmental approval applying to that activity. (2) For subsection (1): (a) an environmental (mining) licence that contains conditions that are more stringent than the environmental approval is not inconsistent with the environmental approval in relation to those conditions; and (b) an environmental (mining) licence that contains conditions to address matters that are not included in the environmental approval is not inconsistent with the environmental approval in relation to those conditions. 124ZJ Standard condition licence (1) A standard condition licence for a mining activity may be granted at any time if standard conditions have been approved for that mining activity and the risk criteria for the mining activity are met. (2) A standard condition licence for a mining activity is subject to: (a) the standard conditions applying to the mining activity; and (b) a condition that the mining operator must provide to the (c) a condition that the mining operator must pay the mining levy (3) If a standard condition applying to a mining activity is amended the standard condition licence is subject to the amended standard condition when the amendment takes effect. Environment Protection Act 2019 96 124ZK Modified condition licence (1) A modified condition licence may be granted for a mining activity if the mining activity meets the risk criteria applying to the mining activity, but: (a) the mining operator cannot comply with some of the standard conditions for the mining activity; or (b) conditions are required to be imposed that modify the standard conditions; or (c) additional conditions are required to appropriately manage the environmental impacts of the mining activity; or (d) the standard conditions for the mining activity are amended under section 124W and the mining operator cannot comply with the amended standard conditions. (2) A modified condition licence is subject to: (a) the risk criteria applying to the mining activity; and (b) the standard conditions applying to the mining activity subject to any modifications determined by the Minister to ensure that the environmental risks and impacts of the mining activity are (c) a condition that the mining operator must provide to the (d) a condition that the mining operator must pay the mining levy Remediation Act; and (e) any other condition imposed by the Minister under (3) The Minister may determine any modifications under subsection (2)(b) that the Minister thinks fit. (4) If a standard condition that applies to a modified condition licence is amended, the modified condition licence is subject to the amended standard condition when the amendment takes effect to the extent that the amended condition is not inconsistent with the existing modifications in the licence. Environment Protection Act 2019 97 (5) If a modified condition licence is granted in place of an existing standard condition licence, the standard condition licence is revoked. 124ZL Tailored condition licence (1) A tailored condition licence may be granted for a mining activity if: (a) no risk criteria have been declared for the mining activity; or (b) the risk criteria applying to the mining activity cannot be met or the mining operator cannot comply with the standard conditions for the mining activity; or (c) conditions are required to be imposed that differ from the conditions to which a standard condition licence or modified condition licence is subject; or (d) standard conditions have not been approved for the mining activity; or (e) the standard conditions for the mining activity are amended under section 124W and the mining operator cannot comply with the amended standard conditions. (2) A tailored condition licence is subject to: (a) the conditions specified in the tailored condition licence; and (b) a condition that the mining operator must provide to the (c) a condition that the mining operator must pay the mining levy (3) The Minister may specify in a tailored condition licence any conditions the Minister determines are necessary or convenient to manage the environmental risks and impacts of the mining activity. (4) If a tailored condition licence is granted in place of an existing standard condition licence or modified condition licence, the standard condition licence or modified condition licence is revoked. 124ZM Time for decision on environmental (mining) licence (1) The Minister must make a decision to grant or refuse to grant an environmental (mining) licence within the required time. Environment Protection Act 2019 98 prescribed period means: (a) for a standard condition licence: (i) for an exploration activity – 30 business days; and (ii) for extractive operations – 30 business days; and (iii) for mining operations – 40 business days; or (b) for a modified condition licence: (i) for an exploration activity – 40 business days; and (ii) for extractive operations – 50 business days; and (iii) for mining operations – 80 business days; or (c) for a tailored condition licence: (i) for an exploration activity – 60 business days; and (ii) for extractive operations – 80 business days; and (iii) for mining operations – 120 business days. required time means: (a) if a referred action or strategic proposal relating to the mining activity is being assessed under Part 4, Division 3 at the time the Minister receives the application for the environmental (mining) licence for the mining activity – the prescribed period after: (i) the determination by the NT EPA as to whether the referred action or strategic proposal requires an environmental impact assessment under this Act; and (ii) if an environmental impact assessment is required for the referred action or strategic proposal – the completion of the environmental impact assessment and the environmental approval process for the action or strategic proposal; or (b) if an application has been made for approval to transfer the environmental approval for the mining activity and the application is not decided at the time the Minister receives the application for the environmental (mining) licence for the mining activity – the prescribed period after the decision to Environment Protection Act 2019 99 approve, or refuse to approve, the transfer of the environmental approval is made; or (c) otherwise – the prescribed period after the Minister receives the application for the environmental (mining) licence. 124ZN Notice of decision (1) The Minister must give notice to the mining operator of a decision to grant or refuse to grant an environmental (mining) licence. (2) The notice must include a statement of reasons for the decision if the decision is: (a) to refuse to grant a standard condition licence; or (b) to grant or refuse to grant: (i) a modified condition licence; or (ii) a tailored condition licence. (3) Subsection (2) does not apply to a decision to refuse to grant an environmental (mining) licence if the decision to refuse was made because the Minister has refused to approve an environmental approval or the transfer of an environmental approval. (4) The Minister must publish a decision mentioned in subsection (1) and a statement of reasons for the decision notified under subsection (2) as soon as practicable after the decision is made. (5) The Minister must publish an environmental (mining) licence as soon as practicable after it is granted. Note for section 124ZN An environmental (mining) licence will be recorded in the public register. 124ZO Period of environmental (mining) licence (1) Subject to this Act, an environmental (mining) licence is in force for the period of the mining activity. (2) An environmental (mining) licence does not take effect for a mining activity until: (a) any required mining security has been paid in relation to that mining activity; and (b) a notice of authority to commence the mining activity is issued under the Mineral Titles Act. Environment Protection Act 2019 100 (3) If an amendment is made to an environmental (mining) licence under section 124ZS to permit a change to a mining activity and as a result an additional amount of mining security is payable, the amendment to the licence does not take effect until: (a) the additional mining security has been paid in relation to that change to the mining activity; and (b) any required notice of authority to continue the mining activity is issued under the Mineral Titles Act. 124ZP Environmental (mining) licence not personal property For section 8(1)(k) of the Personal Property Securities Act 2009 (Cth), an environmental (mining) licence is not personal property for that Act. Note for section 124ZP A law of the Commonwealth, a State or a Territory may declare a right, licence or authority granted by or under that law not to be personal property for the Personal Property Securities Act 2009 (Cth) 124ZQ Mining operator cannot comply with amended standard conditions (a) a mining operator holds a standard condition licence or a modified condition licence; and (b) the standard conditions applying to the standard condition licence or modified condition licence are amended after the grant of the licence; and (c) the mining operator cannot comply with the amended (2) If the mining operator holds a standard condition licence, the mining operator may apply to the Minister: (a) under section 124ZE for a modified condition licence or a tailored condition licence; or (b) to participate in a performance improvement program. (3) If the mining operator holds a modified condition licence, the mining operator may apply to the Minister: (a) to amend the conditions of the modified condition licence; or Environment Protection Act 2019 101 (b) under section 124ZE for a tailored condition licence; or (c) to participate in a performance improvement program. (4) An application under subsection (2) or (3) must be made before, or not later than 30 business days after, the amended standard condition takes effect. 124ZR Review of licence conditions (1) A modified condition licence and a tailored condition licence are to be reviewed to ensure that the conditions of the licence: (a) are appropriate to manage the environmental risks and impacts of the mining activity; and (b) reflect the environmental risks associated with the different phases of a mining activity. (2) An environmental (mining) licence may specify a period for the review of the licence. (3) In addition to any review for which a period is specified in an environmental (mining) licence, the Minister may review the conditions of an environmental (mining) licence in the following circumstances: (a) if the Minister becomes aware of information that was not available to the Minister at the time of granting the licence and the Minister would have imposed different conditions on the licence if the information had been so available; (b) if, in the reasonable opinion of the Minister, the mining operator has contravened a provision of this Act, or a condition of the licence, and an amendment to the conditions is necessary or convenient to prevent environmental harm (whether or not any enforcement action has been taken in relation to the contravention); (c) if mining activities under the licence have been suspended for 12 months or longer during a care and maintenance period; (d) if there is a change in the mining activity to which the licence relates or in the methods for conducting the mining activity or the mining activity is entering a different phase of activity; (e) if the results of monitoring of the mining activity indicate that a change in the level of environment protection or management is required for the mining activity; Environment Protection Act 2019 102 (f) a circumstance prescribed by regulation. (4) A review under this section is not required to include a review of the standard conditions applying to an environmental (mining) licence. 124ZS General powers of Minister to amend environmental (mining) licence conditions (1) The Minister may amend the conditions (other than the standard conditions) of an environmental (mining) licence during the period of the licence in the following circumstances: (a) on the application of the mining operator; (b) if in the reasonable opinion of the Minister – an amendment to the conditions is necessary or convenient as a result of a review of licence conditions under section 124ZR; (c) if in the reasonable opinion of the Minister – an amendment to the conditions is necessary or convenient as a result of a review of standard conditions under section 124V; (d) if the amendment is an administrative amendment. (2) The Minister must consult with the mining operator before amending an environmental (mining) licence on the Minister's own initiative. (3) The Minister must publish a proposed amendment to the conditions of an environmental (mining) licence and invite public comment in accordance with the regulations if the Minister considers that the proposed amendment is required as a result of a substantial alteration to any mining activity to which the licence relates. (4) Before making a decision to amend the conditions of an environmental (mining) licence, the Minister must consider any written comments received: (a) within the time specified by the Minister from the mining operator consulted under subsection (2); and (b) during any public comment period under subsection (3). (5) In deciding whether to amend the conditions of an environmental (mining) licence, the Minister must be satisfied that: (a) the environmental impacts associated with the mining activity will be managed; and Environment Protection Act 2019 103 (b) the amendments to the conditions will not undermine the objects of this Act. (6) Subsections (2) and (4) do not apply to an administrative 124ZT Application of Subdivision This Subdivision applies in relation to a mining operator if: (a) the mining operator holds a standard condition licence or a modified condition licence; and (b) the standard conditions applying to the licence are amended after the grant of the licence; and (c) the mining operator cannot comply with the amended 124ZU Power to agree to participation in performance improvement program The Minister may agree to a mining operator participating in a performance improvement program to give the mining operator time to improve the mining operator's ability to comply with the mining operator's standard condition licence or modified condition licence. 124ZV Minister requirement to participate in performance improvement program The Minister may require a mining operator to participate in a performance improvement program if the Minister is satisfied that the mining operator is not complying with the amended standard conditions of the mining operator's standard condition licence or modified condition licence but will be able to comply over time. 124ZW Mining operator request to participate in performance improvement program The Minister, at the request of a mining operator, may permit the mining operator to participate in a performance improvement program if the Minister is satisfied that the mining operator is not likely to comply with the standard conditions applying to the mining operator's standard condition licence or modified condition licence when the amendments to the standard conditions commence. Environment Protection Act 2019 104 124ZX Termination of performance improvement program by Minister (1) The Minister may terminate a performance improvement program if, in the reasonable opinion of the Minister, the mining operator is not complying with the requirements of the performance improvement program. (2) The Minister must not terminate a performance improvement program unless the Minister: (a) gives notice to the mining operator of the intention to terminate the program; and (b) gives the mining operator the opportunity to make submissions to the Minister within the period (being not less than 10 business days) specified in the notice; and (c) considers any submissions made by the mining operator within the period specified in the notice. 124ZY Termination of performance improvement program at request of mining operator The Minister may terminate a performance improvement program at the request of a mining operator if the Minister is satisfied that: (a) the obligations under the program have been complied with; and (b) the mining operator is able to comply with the amended 124ZZ Termination of performance improvement program on grant of environmental (mining) licence A performance improvement program for a mining operator is terminated if the Minister grants to the mining operator: (a) a modified condition licence or a tailored condition licence in place of a standard condition licence; or (b) an amended modified condition licence in place of a modified condition licence; or (c) a tailored condition licence in place of a modified condition Environment Protection Act 2019 105 124ZZA No criminal or civil proceedings while performance improvement program is in place The Minister must not commence a criminal proceeding or civil proceeding under this Act in relation to an alleged contravention of the conditions of an environmental (mining) licence that relates to a matter covered by a performance improvement program while the performance improvement program is in place. Subdivision 5 Revocation and suspension of environmental 124ZZB Revocation of environmental (mining) licence The Minister may revoke an environmental (mining) licence for a mining activity: (a) if the Minister reasonably considers that the mining operator has not complied with the conditions of the environmental (mining) licence; or (b) if the mining operator has contravened a provision of this Act; or (c) if any enforcement action has been taken against the mining (i) under this Act, for a failure to comply with an (ii) under the Mining Management Act 2001 for a failure to comply with a mining authorisation or an obligation under that Act before its repeal; or (d) if any enforcement action has been taken against the title holder under the Mineral Titles Act for failure to comply with an obligation or requirement under that Act; or (e) if the Minister reasonably considers that the mining operator is no longer a fit and proper person to hold the environmental (mining) licence; or (f) in a circumstance prescribed by regulation. 124ZZC Suspension of environmental (mining) licence (1) The Minister may, by written notice to the mining operator, suspend an environmental (mining) licence instead of revoking the licence. (2) The suspension must be for a period specified in the notice. Environment Protection Act 2019 106 124ZZD Revocation of standard condition licence and issue of other environmental (mining) licence The Minister may revoke a standard condition licence for a mining activity and grant a modified condition licence or a tailored condition licence to the mining operator: (a) if the Minister reasonably considers that the mining operator has not complied with the conditions of the standard condition licence; or (b) if the mining operator has contravened a provision of this Act; or (c) if any enforcement action has been taken against the mining (i) under this Act for a failure to comply with an (ii) under the Mining Management Act 2001 for a failure to comply with a mining authorisation or an obligation under that Act before its repeal; or (d) if any enforcement action has been taken against the title holder under the Mineral Titles Act for failure to comply with an obligation or requirement under that Act; or (e) in a circumstance prescribed by regulation. 124ZZE Show cause process (1) The Minister must not revoke or suspend an environmental (mining) licence under section 124ZZB, 124ZZC or 124ZZD unless the Minister has first complied with this section. mining operator and if the proposed revocation or suspension is on a ground set out in section 124ZZB(d) or 124ZZD(d), the title holder under the Mineral Titles Act: (a) stating the Minister's intention to revoke or suspend the environmental (mining) licence; and (b) asking the mining operator or title holder to show cause why the environmental (mining) licence should not be revoked or suspended. (3) The show cause notice must specify the date by which the mining operator or title holder may show cause. Environment Protection Act 2019 107 (5) The Minister must consider any response given by the mining operator or the title holder to the show cause notice in making a decision under section 124ZZB, 124ZZC or 124ZZD. (6) The Minister may suspend an environmental (mining) licence under section 124ZZC instead of revoking the licence without giving a further show cause notice if a show cause notice has been given for the intention to revoke the licence. 124ZZF Automatic revocation or suspension of environmental (mining) licence (1) An environmental (mining) licence for a mining activity is revoked if the environmental approval for the mining activity is revoked. (2) An environmental (mining) licence for a mining activity is suspended during any period that the environmental approval for the mining activity is suspended. 124ZZG Compliance with environmental (mining) licence to continue (1) This section applies if an environmental (mining) licence for a mining activity is revoked or suspended or ceases to have effect. (2) The person who is or was the mining operator must continue to: (a) comply with the environmental (mining) licence in relation to the management of the mining site to which the licence applies to minimise or remediate the environmental impact of the mining activity; and (b) comply with the environmental (mining) licence in relation to the remediation and rehabilitation of the environment; and (c) undertake any necessary environmental monitoring and reporting activities at the mining site to which the environmental (mining) licence applies. (3) The person required to comply with subsection (2) may apply to the Minister to waive the requirement to comply with that subsection. (4) The Minister may waive compliance with any of the requirements of subsection (2) if the Minister considers it appropriate to do so. Subdivision 6 Notice and cancellation at request of mining operator Environment Protection Act 2019 108 Subdivision 6 Notice and cancellation at request of mining operator 124ZZH When mining activity is completed For this Subdivision, a mining activity for which an environmental (mining) licence is granted is completed: (a) for exploration activities – when any rehabilitation, monitoring, management and reporting requirements of the licence are completed; and (b) for mining operations and extractive operations – when any post-closure monitoring, management and reporting requirements of the licence are completed. 124ZZI Notice to Minister of completion of mining activity (1) A mining operator who holds an environmental (mining) licence for a mining activity must notify the Minister of the completion of the (2) The notice must be given within the required time after the mining activity is completed. (3) The notice must: (a) be in an approved form; and (b) be accompanied by a final report setting out: (i) the mining activities undertaken; and (ii) the environmental impacts associated with the mining activities; and (iii) the remediation and rehabilitation activities completed as part of the mining activity; and (iv) the post-closure monitoring, management and reporting of the mining site undertaken under the environmental (4) The notice may request the Minister to cancel the environmental (5) In this section: required time means 30 business days. Subdivision 6 Notice and cancellation at request of mining operator Environment Protection Act 2019 109 124ZZJ Offence to contravene notice requirement (1) A mining operator commits an offence if: (a) the mining operator is required to give a notice and final report to the Minister under section 124ZZI; and (b) the mining operator intentionally engages in conduct; and (c) the conduct contravenes section 124ZZI and the mining operator is reckless in relation to that circumstance. Maximum penalty: 200 penalty units. (2) A mining operator commits an offence if: (a) the mining operator is required to give a notice and final report to the Minister under section 124ZZI; and (b) the mining operator contravenes that requirement. 124ZZK Requirement for additional information The Minister may direct the mining operator to give the Minister, considers reasonably necessary to assess the proposed cancellation of the environmental (mining) licence to meet the objects of this Act. 124ZZL Decision in relation to cancellation (1) The Minister may consider a notice and any request under this Subdivision and decide: (a) to cancel the environmental (mining) licence; or Environment Protection Act 2019 110 (b) to refuse to cancel the environmental (mining) licence and direct the mining operator to undertake specified activities to complete the mining activity. (2) Before deciding to cancel an environmental (mining) licence, the Minister must be satisfied that: (a) any environmental risks and impacts at the mining site have been appropriately avoided, mitigated and managed; and (b) all necessary remediation and rehabilitation actions have been undertaken at the mining site; and (c) the cancellation will not undermine the objects of this Act. 124ZZM Notice of decision (1) The Minister must give notice to the mining operator of a decision under section 124ZZL and a statement of reasons for the decision. (2) The Minister must publish a decision under section 124ZZL and a statement of reasons for the decision as soon as practicable after the decision is made. 124ZZN Transfer of environmental (mining) licence An environmental (mining) licence may be transferred in accordance with this Subdivision. 124ZZO Application for approval to transfer (1) The proposed transferee must apply to the Minister to approve the transfer. (2) The application must: (b) be accompanied by any information required by the Minister to assess the application; and (c) be accompanied by the fee prescribed by regulation. (3) In the application the transferee must: (a) agree to comply with the conditions of the environmental Environment Protection Act 2019 111 (b) agree to take responsibility for all existing environmental impacts associated with the mining site that are the responsibility of the mining operator, including responsibility for any remediation and rehabilitation activities relating to legacy mine features that are required to be undertaken by the mining operator; and (c) agree to fulfil all remediation and rehabilitation obligations specified in the environmental (mining) licence and in any mining closure plan for the mining site; and (d) comply with any other obligations prescribed by regulation. (4) An application cannot be made unless the mining operator and the title holder consent in writing to the transfer. (5) The Minister may refuse to accept an application if it does not include the required information. 124ZZP Minister may request information (1) The Minister may ask the following persons for information to assist the Minister in assessing the application: (a) the mining operator; (b) the proposed transferee; (c) any other person who the Minister considers may have relevant information. (2) If the Minister asks for information under this section, the required time under section 124ZZT for the Minister to make a decision ceases to run until the information is given. 124ZZQ Minister to consider certain matters (1) In addition to the matters set out in Part 2, in deciding whether to approve a transfer of an environmental (mining) licence, the (a) must consider: (i) the objects of this Act; and (ii) whether the proposed transferee is a fit and proper person to hold an environmental (mining) licence; and (b) may consider any other matters the Minister considers Environment Protection Act 2019 112 (2) Subsection (1) does not apply if the proposed transferee: (a) holds an environmental approval for the mining activity for which the transfer of the mining licence is sought; or (b) has applied to the Minister for the transfer of an environmental approval for the mining activity for which the environmental (mining) licence is sought. (3) The Minister is not required to comply with subsection (1)(a)(ii) if: (a) the proposed transferee holds a mineral interest authorising the mining activity for which the transfer of the environmental (mining) licence is sought; and (b) under section 70(4) of the Mineral Titles Act, the Mining Minister considered the proposed transferee to be a fit and proper person to hold the mineral interest. 124ZZR Consultation on transfer (1) Subject to subsection (2), the Minister must consult with the proposed transferee if the Minister proposes to: (a) amend the environmental (mining) licence; or (b) refuse to approve the transfer. (2) The Minister is not required to consult with the proposed transferee if the Minister proposes to refuse to approve the transfer because the Minister has refused to approve the transfer of the (3) The required time under section 124ZZT for the Minister to make a 124ZZS Decision on transfer (a) approve the transfer of an environmental (mining) licence; or (b) refuse to approve the transfer of an environmental (mining) (2) The Minister must approve the transfer of an environmental (mining) licence for a mining activity if the Minister has approved the transfer of an environmental approval relating to the mining Environment Protection Act 2019 113 (3) The Minister must refuse to transfer an environmental (mining) licence for a mining activity if the Minister has refused to approve the transfer of an environmental approval relating to the mining (4) The Minister must not make a decision on the transfer of an environmental (mining) licence for a mining activity to which an environmental approval applies unless the Minister makes a decision whether or not to approve the transfer of the environmental (5) The Minister's approval may be subject to a condition that the transfer does not take effect until the transfer of assets or other matters related to the mining activity have occurred. (6) Until a transfer of an environmental (mining) licence takes effect the mining operator must comply with the environmental (mining) 124ZZT Time for decision on request (1) The Minister must make a decision to approve or refuse to approve a transfer of an environmental (mining) licence within the required time. required time means: (a) if the Minister has approved the transfer of an environmental approval relating to the mining activity – 15 business days after the Minister receives the application for approval of the transfer of the environmental (mining) licence; or (b) if the Minister has refused the transfer of an environmental approval relating to the mining activity – 15 business days after the Minister receives the application for approval of the transfer of the environmental (mining) licence; or (c) if an application has been made for approval to transfer the environmental approval for the mining activity and the application is not decided at the time the Minister receives the application for approval of the transfer of the environmental (mining) licence – 15 business days after the decision to approve, or refuse to approve, the transfer of the environmental approval is made; or Environment Protection Act 2019 114 (d) otherwise – the following period after the Minister receives the application for approval of the transfer of the environmental (mining) licence: (i) for an exploration activity – 20 business days; (ii) for extractive operations – 20 business days; (iii) for mining operations – 30 business days. 124ZZU Amendment of environmental (mining) licence or grant of environmental (mining) licence instead (1) If the Minister approves the transfer of a modified condition licence or tailored condition licence, the Minister may, in accordance with section 124ZR and 124ZS, amend the licence by amending or removing any condition applying to the licence or by imposing a new condition. (2) If the Minister considers the conditions of a standard condition licence to be transferred should be amended, the Minister may grant a modified condition licence or tailored condition licence to the transferee in place of the transfer of the standard condition licence. (3) An amendment or grant of an environmental (mining) licence under this section may be made on the Minister's own initiative or at the request of the transferee. (4) In deciding whether or not to amend an environmental (mining) licence or grant a modified condition licence or tailored condition licence under this section, the Minister must be satisfied that: (a) the environmental impacts associated with the mining activity will be managed; and (b) the amendments to the environmental (mining) licence or the grant of the environmental (mining) licence will not undermine the objects of the Act. (5) If the Minister amends an environmental (mining) licence or grants a modified condition licence or tailored condition licence under this section, the obligations agreed to under section 124ZZO continue and extend to the amended environmental (mining) licence or the modified condition licence or tailored condition licence. (6) If the Minister grants a modified condition licence or tailored condition licence in place of a standard condition licence under this section, the standard condition licence is revoked. Environment Protection Act 2019 115 124ZZV Notice of decision (1) The Minister must give notice to the mining operator and the transferee of a decision on an application for a transfer of an environmental (mining) licence and a statement of reasons for the decision. (2) The Minister must publish a decision to do the following, and a statement of reasons for the decision, as soon as practicable after the decision is made: (a) to approve or refuse to approve a transfer of an environmental (mining) licence; (b) to grant a modified condition licence or a tailored condition licence to the transferee in place of the transfer of a standard (3) The Minister must publish: (a) a transferred environmental (mining) licence as soon as practicable after it is transferred; and (b) a modified condition licence or a tailored condition licence as soon as practicable after it is granted under section 124ZZU. Note for section 124ZZV A transfer or grant of an environmental (mining) licence is recorded in the public 124ZZW Licensing – environmental offences an environmental (mining) licence is required under this Act and Environment Protection Act 2019 116 an environmental (mining) licence is required under this Act and an environmental (mining) licence is required under this Act; and an environmental (mining) licence is required under this Act; and (5) Strict liability applies to subsections (1)(b) and (c) and (2)(b) and (c). Environment Protection Act 2019 117 124ZZX Contravention of environmental (mining) licence – and (c) the conduct contravenes the environmental (mining) licence and and (c) the conduct contravenes the environmental (mining) licence and and (c) the conduct contravenes the environmental (mining) licence; and Environment Protection Act 2019 118 and (c) the conduct contravenes the environmental (mining) licence. 124ZZY Contravention of requirements of performance improvement program – environmental offences (1) A mining operator commits an offence if: (a) the mining operator is required to participate in a performance improvement program; and (b) the mining operator intentionally engages in conduct; and (c) the conduct contravenes the requirements of the performance improvement program and the mining operator is reckless in relation to that circumstance. (a) the mining operator is required to participate in a performance improvement program; and Environment Protection Act 2019 119 (b) the mining operator contravenes the requirements of the performance improvement program. 124ZZZ Obligations relating to release of waste or contaminant (1) A person on a mining site must not release waste or a contaminant from that site unless the release is authorised under this Act. (2) A mining operator, worker or contractor on a mining site must prevent the release of waste or a contaminant from that site unless the release is authorised under this Act. 124ZZZA No unauthorised release of waste or contaminant and (e) the release results in significant environmental harm and the Environment Protection Act 2019 120 and (e) the release results in material environmental harm and the and (e) the release results in significant environmental harm. (b) the conduct results in the release of waste or a contaminant from a mining site; and (c) the release is not authorised under this Act. (5) A mining operator, worker or contractor on a mining site commits an offence if: (a) waste or a contaminant is released from a mining site; and (b) the mining operator, worker or contractor fails to prevent the release of the waste or contaminant from the mining site; and (c) the release is not authorised under this Act. (6) Strict liability applies to subsections (1)(b), (c) and (d) and (2)(b), (c) Environment Protection Act 2019 121 124ZZZB Publication of reports (1) The Minister may direct a mining operator to publish, in the manner and within the time determined by the Minister, any report given to the Minister by the mining operator under: (a) this Act; or (b) an environmental (mining) licence. (2) A mining operator must comply with a direction given under 124ZZZC Offence to contravene direction (a) the person has been directed to publish a report under section 124ZZZB(1); and (b) the person contravenes the direction. Environment Protection Act 2019 122 Subdivision 2 Extension of specified periods 124ZZZD Regulations may provide for extension of period for mining operator or transferee to do thing (1) The regulations may provide for a process for the extension of any period within which a mining operator or a transferee is required under this Part to prepare a document or information or give a document or information to the Minister. (2) If a period mentioned in subsection (1) is extended in accordance with the regulations, the period as extended is taken to be the period under this Part. 124ZZZE Regulations may provide for extension of period for Minister to do thing (1) The regulations may provide for a process for the extension of any period under this Part within which the Minister is required under this Part to make a decision or to do another thing. (2) If a period mentioned in subsection (1) is extended in accordance with the regulations, the period as extended is taken to be the period under this Part. 124ZZZF Purpose of Part The purpose of this Part is to provide for general obligations in (a) any action that requires environmental approval; or (b) any mining activity that requires an environmental (mining) 124ZZZG General obligation to take care of environment Every person on an activity site has an obligation to take care of the Environment Protection Act 2019 123 124ZZZH Obligations in respect of site (1) A person on an activity site must comply with instructions and procedures applying to the person that are included in the environment protection management system for the site. (2) A person on an activity site must follow all reasonable directions given by a person having the duty to give directions about preventing environmental harm. (3) A person must not interfere with or misuse anything provided on an activity site for environment protection. 124ZZZI Obligations of operator – management system (1) The operator for an activity site must: (a) establish and maintain an appropriate management structure of competent persons for the site; and (b) as far as practicable, ensure that workers on the site are competent to perform their duties; and (c) establish, implement and maintain an environment protection management system that is appropriate to the nature, scale and environmental impacts of the regulated action or regulated mining activity being carried out on the site; and (d) provide adequate resources for the implementation and maintenance of the environment protection management system; and (e) ensure, by regular assessment, that the environment protection management system operates effectively. (2) For subsection (1)(c), an environment protection management system for an activity site must comply with the requirements prescribed by regulation. (3) The operator of an activity site must display in a prominent place on the activity site any environmental approval or environmental (mining) licence applying to the activity site and make the approval or licence available to a contractor or worker on request. 124ZZZJ Consultation and cooperation for taking care of environment (1) For section 124ZZZI(1)(c), the operator for an activity site must facilitate consultation and cooperation between the operator, contractors and workers in initiating, developing and implementing environment protection measures for the activity site's environment Environment Protection Act 2019 124 protection management system. (2) Without limiting subsection (1), the measures may include one or more of the following: (a) establishing one or more environment protection committees for the activity site or for a particular action or mining activity; (b) establishing appropriate policies and procedures for dealing with issues involving risk of environmental harm; (c) ensuring, as far as practicable, that adequate information is available about environmental risks involved in operations on the activity site; (d) planning appropriate strategies for dealing with environmental incidents and serious environmental incidents on the activity 124ZZZK Obligations of worker (1) A worker must keep informed about, and comply with, work instructions and procedures applying to the worker that are included in the environment protection management system for the activity (2) A worker must, as soon as practicable, report to the operator for the activity site or, if employed by a contractor, to the contractor: (a) the occurrence of an incident required to be reported or recorded under Part 9, Division 8 or the regulations; and (b) a situation the worker has reason to believe may present a risk to the environment. 124ZZZL Obligations of contractor who is not worker (1) A contractor (other than a worker) must ensure that the provisions of this Act and the environment protection management system for the activity site are complied with to the extent that they relate to the work performed or service provided by the contractor. (2) A contractor (other than a worker) must, as soon as practicable, report to the operator for the activity site: (a) the occurrence of an incident required to be reported or recorded under Part 9, Division 8 or the regulations; and (b) a situation the contractor has reason to believe may present a risk to the environment; and Environment Protection Act 2019 125 (c) any matter reported to the contractor by a worker under section 124ZZZK. 124ZZZM Environmental obligations – environmental offences the person is reckless in relation to that circumstance; and the person is reckless in relation to that circumstance; and (e) the conduct results in significant environmental harm. Environment Protection Act 2019 126 (e) the conduct results in material environmental harm. (6) Strict liability applies to subsections (1)(b) and (d) and (2)(b) Part 5C Power to enter land to comply with specified conditions 124ZZZN Application This Part applies if: (a) either: (i) an environmental approval is subject to a condition mentioned in section 85; or Environment Protection Act 2019 127 (ii) an environmental (mining) licence is subject to a condition mentioned in section 124ZC; and (b) the approval holder or the mining operator: (i) is not the owner or occupier of the land or premises to which the condition applies; or (ii) does not have a right of access to the land or premises to which the condition applies. 124ZZZO Power to enter land (1) The following persons may enter land or premises to which the condition under section 85 or 124ZC applies: (a) the approval holder or an employee of the approval holder; (b) the mining operator or an employee of the mining operator; (c) a contractor engaged by the approval holder or mining operator to carry out works on the land or premises or an employee of the contractor. (2) The following persons may enter land or premises to which a condition under section 85 or 124ZC applies to monitor the carrying out of the works on the land or premises to which the condition applies: (a) a person engaged by the approval holder or mining operator to monitor the carrying out of the works or an employee of the monitor; (b) the CEO. (3) A person permitted to enter land or premises under this section may only enter: (a) with the consent of the owner or occupier of the land; or (b) if the person gives at least 10 business days prior written notice to the owner or occupier of the land; or (c) in an emergency, if there is a risk of environmental harm if works are not carried out immediately. (4) A person entering land or premises under subsection (3)(c) must: (a) if possible, give oral notice of the entry to the owner or occupier of the land as soon as possible before, on or after that entry; and Environment Protection Act 2019 128 (b) give written notice of the entry to the owner or occupier within 10 business days after that entry or the giving of the oral notice, whichever occurs first. (5) The notice under subsection (3)(b) or (4) must inform the owner or occupier of the land of the matters prescribed by regulation. (6) Despite subsection (3), a person must not enter residential premises under this section without the consent of the owner or (7) The power of a person to enter land or premises under this section may be exercised, despite: (a) the land being, or the premises being on, Aboriginal land; and (b) the person not holding a permit under the Aboriginal Land 124ZZZP Notice to CEO and Mining Minister (1) The approval holder or mining operator must give written notice to the CEO of the intention of the approval holder or mining operator, a contractor or monitor engaged by the approval holder or mining operator or an employee of any of them, to enter land or premises under section 124ZZZO. (2) The notice must be given at least 10 business days before entry to the land or premises. (3) Despite subsection (2), if entry to the land or premises is made in an emergency under section 124ZZZO(3)(c), the approval holder or mining operator must: (a) give oral notice of the entry to the CEO as soon as possible before, on or after that entry; and (b) give written notice of the entry to the CEO within 10 business days after that entry or the giving of the oral notice, whichever occurs first. (4) A notice under subsection (1) or (3) must also be given to the Mining Minister if it relates to an environmental (mining) licence that is granted on an application under this Act. (5) The notice given by a person under subsection (1), (3) or (4) must inform the CEO and the Mining Minister, as the case requires, of the matters prescribed by regulation. Environment Protection Act 2019 129 124ZZZQ Powers on entry A person who is authorised under section 124ZZZO to enter land or premises may on entry do any of the following to comply with the condition of the environmental approval or environmental (mining) licence or to monitor the carrying out of works under that condition: (a) inspect the land or premises and anything found there; (b) dig up any land and operate any machinery or equipment on the land; (c) bring equipment, machinery and materials onto the land or premises and install and maintain any equipment, machinery or materials; (d) take photographs and make sketches or other records of the (e) measure anything, or take samples of anything, on the land or (f) take any other action reasonably required to comply with that condition or monitor the carrying out of works. 124ZZZR Duties on entry A person who is authorised under section 124ZZZO to enter land or premises: (a) must take reasonable steps to minimise disruption to the owner or occupier of the land or premises caused by the entry to the land or premises or the taking of an action specified in the condition mentioned in section 85 or 124ZC; and (b) must not remain on the land or premises any longer than is reasonably necessary to comply with the condition of the environment approval or environmental (mining) licence or to monitor the carrying out of works under that condition. 124ZZZS Recovery of costs (1) A person is entitled to be paid reasonable compensation under this section for loss or damage incurred because of action taken under this Part by: (a) an approval holder or mining operator or an employee of that person; or Environment Protection Act 2019 130 (b) a contractor or monitor engaged by an approval holder or mining operator or an employee of a contractor or monitor. (2) The approval holder or mining operator is liable to pay the compensation for the loss or damage. (3) No action lies against the Territory for the loss or damage. 124ZZZT Offence to obstruct (b) the conduct obstructs another person from taking any action that is authorised under this Part to comply with a condition of an environmental approval or environmental (mining) licence and the person is reckless in relation to that circumstance. (b) the conduct obstructs another person from carrying out the monitoring of works that is authorised under this Part and the person is reckless in relation to that circumstance. 124ZZZU Offence to fail to give notice (a) the person is required to give a notice under section 124ZZZO or 124ZZZP; and Maximum penalty: 50 penalty units. Environment Protection Act 2019 131 124ZZZV Offence to fail to comply with duty on entry (a) the person has a duty under section 124ZZZR; and (b) the person intentionally engages in conduct; and (c) the conduct contravenes that duty and the person is reckless in relation to that circumstance. (2) Strict liability applies to subsection (1)(a). (3) It is a defence to a prosecution for an offence against subsection(1) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.