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Environment Protection Act 2019
132CAmount of mining security
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132C Amount of mining security
(1) The Minister must determine and publish the methodology for
calculating the amount or value of the mining security to be
provided.
(2) In determining the methodology for calculating an amount or value
of a mining security, the Minister may consider all or any of the
(a) the environmental risks and impacts of the mining activity to
be carried out under the environmental (mining) licence and
any environmental approval applying to the activity;
(b) the level of uncertainty in assessing those risks and impacts
and the management measures to deal with them;
(c) the level of environmental disturbance that has been caused,
is caused or is likely to be caused by the mining activities that
have been or are to be carried out under the environmental
(mining) licence and any environmental approval applying to
the activity;
(d) the level of environmental disturbance that has been caused
by mining activities carried out on a mining site by:
(i) the mining operator or a previous mining operator
appointed by the title holder for the mining site; or
(ii) an operator of the mining site under an authorisation
under the Mining Management Act 2001 under which a
mining security was paid before the repeal of that Act;
(e) any proposed phase of the mining activity (including the
development of the mining site) to be carried out under the
environmental (mining) licence;
(f) any matter prescribed by regulation.
Environment Protection Act 2019 137
(3) If the regulations prescribe a minimum amount of mining security in
relation to a mining activity or class of mining activities or in a
circumstance or class of circumstances, the Minister may determine
that the amount of the mining security is or includes the prescribed
minimum amount.
(4) The Minister may determine the nature of the mining security to be
provided, which may include:
(a) cash; or
(b) a bank guarantee; or
(c) any other form of financial accommodation acceptable to the
(5) The amount of mining security required for an environmental
(mining) licence may be recalculated:
(a) in accordance with the environmental (mining) licence; or
(b) if the environmental (mining) licence or any applicable
environmental approval is amended; or
(c) if the Minister is satisfied that there is a substantial change in
the circumstances on the basis of which the mining security
was calculated; or
(d) at the request of the mining operator.
(6) The Minister may consider all or any of the matters in
subsection (2) in recalculating an amount of mining security under
subsection (5).
(7) The regulations may prescribe a minimum amount of mining
security in relation to a mining activity or class of mining activities or
in a circumstance or class of circumstances.