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Environment Protection Act 2019
308Pending applications for Authorisation
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308 Pending applications for Authorisation
(1) This section applies to an application under the former Mining
Management Act made but not determined before the
commencement for the following:
(a) the grant of an Authorisation;
(b) the approval of a mining management plan;
(c) the variation or revocation of an Authorisation;
(d) the approval of an amendment to a mining management plan.
(2) Subject to this section, the application must be determined as if the
former Mining Management Act had not been repealed.
(3) For the determination of an application referred to in subsection (2):
(a) the former Mining Management Act applies as if any reference
to the Minister were a reference to the Minister administering
the Environment Protection Act 2019; and
(b) the Minister administering the Environment Protection
Act 2019 may have regard to, continue and complete any
thing done by the Minister administering the former Mining
Management Act in relation to the application before the
(4) The application must be determined within 2 years after the
(5) If an application mentioned in subsection (1)(a) is granted, the
Authorisation is taken to be a deemed mining licence.
(6) If an application mentioned in subsection (1)(b) is approved, the
approved mining management plan is taken to be part of the
deemed mining licence to which it applies.
(7) If an application for variation of an Authorisation mentioned in
subsection (1)(c) is granted, the deemed mining licence is taken to
be varied in accordance with that variation.
Environment Protection Act 2019 262
(8) If an application for revocation of an Authorisation mentioned in
subsection (1)(c) is granted, the deemed mining licence is revoked.
(9) If an application mentioned in subsection (1)(d) is approved, the
mining management plan in the deemed mining licence is taken to
be amended in accordance with that approval.