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Environment Protection Act 2019
199AMonitoring and management notice – protected environmental
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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(6) If the environmental (mining) licence is no longer in force, the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.