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Environment Protection Act 2019
313Grant of replacement environmental (mining) licence
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313 Grant of replacement environmental (mining) licence
(1) The Minister may grant a standard condition licence to the mining
operator in place of a deemed mining licence if:
(a) the Minister reasonably considers the mining activity meets
the risk criteria and that the mining operator is able to comply
with the standard conditions associated with the mining
activity for which the licence is to be granted; and
(b) the mining operator consents to the grant of a standard
Environment Protection Act 2019 265
(2) The Minister may grant a modified condition licence in place of a
deemed mining licence if:
(a) the Minister reasonably considers the mining activity meets
the risk criteria and that the mining operator is able to comply
with the standard conditions as modified for the mining
activity; and
(b) the mining operator consents to the grant of a modified
(3) In any other case, subject to section 314, the Minister may grant a
tailored condition licence in place of a deemed mining licence on
substantially the same terms and conditions and requirements that
applied to the deemed mining licence.
(4) In granting a replacement environmental (mining) licence under this
section, the Minister is not required to consider:
(a) Part 2; or
(b) the objects of this Act; or
(c) whether the mining operator is a fit and proper person to hold
an environmental (mining) licence.
(5) The Minister is not required to:
(a) publish an application under section 312 for a replacement
(b) publish a notice of a proposal under section 312 to grant a
replacement environmental (mining) licence; or
(c) publish an application under section 314 for a condition to be
included in a replacement environmental (mining) licence.