199AMonitoring and management notice – protected environmental

199A Monitoring and management notice – protected environmental area or prohibited action (1) The CEO may issue a monitoring and management notice in relation to a site if: (a) a prohibited action is being, or has been, carried out at the site; and Environment Protection Act 2019 193 (b) the CEO considers, on reasonable grounds, that ongoing investigation, monitoring, management or reporting of the site is or will be required as a result of the prohibited action. (2) The CEO may issue a monitoring and management notice in relation to a site that is in a protected environmental area if: (a) an action is being, or has been, carried out at the site; and (b) the action is not authorised under the declaration of the protected environmental area; and (c) the CEO considers, on reasonable grounds, that ongoing investigation, monitoring, management or reporting of the site is or will be required as a result of that action. (3) A monitoring and management notice under this section must be issued to: (a) the person who is carrying out or has carried out the action; or (b) the owner or occupier of the site. 199AB Monitoring and management notice – environmental (mining) licence (1) This section applies to a mining site to which an environmental (mining) licence applies or has applied. (2) This section does not apply to a legacy mine site or in relation to a legacy mine feature at a mining site except in relation to an obligation under section 124H. (3) This section does not apply to a mining site if a mining closure certificate has been issued in relation to that site. (4) The CEO may issue a monitoring and management notice in relation to a mining site if the CEO considers, on reasonable grounds, that ongoing investigation, monitoring, management and reporting of the mining site is or will be required following the expiry, revocation or cancellation of the environmental (mining) licence as a result of anything done or that has occurred at the site in relation to a mining activity before the expiry, revocation or cancellation. (5) If the environmental (mining) licence is in force, the monitoring and management notice must be issued to the mining operator. Environment Protection Act 2019 194 (6) If the environmental (mining) licence is no longer in force, the monitoring and management notice must be issued to: (a) the person who was the mining operator immediately before the environmental (mining) licence expired or was revoked or cancelled; or (b) the title holder or occupier of the mining site. occupier, of a mining site, does not include: (a) for land for which there is a native title holder under the Native Title Act 1993 (Cth) – any registered native title party in relation to the land; or (b) for Aboriginal land as defined in the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) – a person who has an obligation in relation to the land only because of a connection to the land; or (c) a person who occupies the site for a purpose that does not relate to a mining activity or former mining activity.