sec.126DRequirements for proposed PRCP schedule

### sec.126D Requirements for proposed PRCP schedule A proposed PRCP schedule must— for the area of each resource tenure described in the PRC plan, state— the proposed post-mining land use for the land; or that the applicant considers the land to be a non-use management area; and for each proposed post-mining land use mentioned in paragraph (a) (i) , state— each rehabilitation milestone required to achieve a stable condition for the land ; and when each rehabilitation milestone is to be achieved; and for each non-use management area mentioned in paragraph (a) (ii) , state— each management milestone for the area; and when each management milestone is to be achieved; and include maps showing the land mentioned in paragraphs (a) , (b) and (c) . The PRCP schedule may state that land is a non-use management area only if— carrying out rehabilitation of the land would cause a greater risk of environmental harm than not carrying out the rehabilitation; or both of the following apply— the risk of environmental harm as a result of not carrying out rehabilitation of the land is confined to the area of the relevant resource tenure; the applicant considers, having regard to each public interest consideration, that it is in the public interest for the land not to be rehabilitated to a stable condition. Despite subsection (2) , if land the subject of the proposed PRCP schedule will contain a void situated wholly or partly in a flood plain, the schedule must provide for rehabilitation of the land to a stable condition. For subsection (1) (b) (ii) , the PRCP schedule must provide for each rehabilitation milestone to be achieved as soon as practicable after the land to which it relates becomes available for rehabilitation. For subsection (4) , land is available for rehabilitation if the land is not being mined, unless— the land is being used for operating infrastructure or machinery for mining, including, for example, a dam or water storage facility; or the land is identified in the proposed PRCP schedule or the application for an environmental authority for relevant activities to which the schedule relates as containing a probable or proved ore reserve that is to be mined within 10 years after the land would otherwise have become available for rehabilitation; or the land is required for the mining of a probable or proved ore reserve mentioned in paragraph (b) ; or the land contains permanent infrastructure identified in the proposed PRCP schedule as remaining on the land for a post-mining land use. In this section— mined means mined within the meaning of the Mineral Resources Act , section 6A . probable or proved ore reserve means a probable ore reserve or proved ore reserve mentioned in the listing rules made by ASX Limited (ACN 008 624 691) for the listing of corporations on the Australian stock exchange. void means an area of land to be excavated in the carrying out of a mining activity. s 126D ins 2018 No. 30 s 104 (sec.126D-ssec.1) A proposed PRCP schedule must— for the area of each resource tenure described in the PRC plan, state— the proposed post-mining land use for the land; or that the applicant considers the land to be a non-use management area; and for each proposed post-mining land use mentioned in paragraph (a) (i) , state— each rehabilitation milestone required to achieve a stable condition for the land ; and when each rehabilitation milestone is to be achieved; and for each non-use management area mentioned in paragraph (a) (ii) , state— each management milestone for the area; and when each management milestone is to be achieved; and include maps showing the land mentioned in paragraphs (a) , (b) and (c) . (sec.126D-ssec.2) The PRCP schedule may state that land is a non-use management area only if— carrying out rehabilitation of the land would cause a greater risk of environmental harm than not carrying out the rehabilitation; or both of the following apply— the risk of environmental harm as a result of not carrying out rehabilitation of the land is confined to the area of the relevant resource tenure; the applicant considers, having regard to each public interest consideration, that it is in the public interest for the land not to be rehabilitated to a stable condition. (sec.126D-ssec.3) Despite subsection (2) , if land the subject of the proposed PRCP schedule will contain a void situated wholly or partly in a flood plain, the schedule must provide for rehabilitation of the land to a stable condition. (sec.126D-ssec.4) For subsection (1) (b) (ii) , the PRCP schedule must provide for each rehabilitation milestone to be achieved as soon as practicable after the land to which it relates becomes available for rehabilitation. (sec.126D-ssec.5) For subsection (4) , land is available for rehabilitation if the land is not being mined, unless— the land is being used for operating infrastructure or machinery for mining, including, for example, a dam or water storage facility; or the land is identified in the proposed PRCP schedule or the application for an environmental authority for relevant activities to which the schedule relates as containing a probable or proved ore reserve that is to be mined within 10 years after the land would otherwise have become available for rehabilitation; or the land is required for the mining of a probable or proved ore reserve mentioned in paragraph (b) ; or the land contains permanent infrastructure identified in the proposed PRCP schedule as remaining on the land for a post-mining land use. (sec.126D-ssec.6) In this section— mined means mined within the meaning of the Mineral Resources Act , section 6A . probable or proved ore reserve means a probable ore reserve or proved ore reserve mentioned in the listing rules made by ASX Limited (ACN 008 624 691) for the listing of corporations on the Australian stock exchange. void means an area of land to be excavated in the carrying out of a mining activity. - (a) for the area of each resource tenure described in the PRC plan, state— (i) the proposed post-mining land use for the land; or (ii) that the applicant considers the land to be a non-use management area; and - (i) the proposed post-mining land use for the land; or - (ii) that the applicant considers the land to be a non-use management area; and - (b) for each proposed post-mining land use mentioned in paragraph (a) (i) , state— (i) each rehabilitation milestone required to achieve a stable condition for the land ; and (ii) when each rehabilitation milestone is to be achieved; and - (i) each rehabilitation milestone required to achieve a stable condition for the land ; and - (ii) when each rehabilitation milestone is to be achieved; and - (c) for each non-use management area mentioned in paragraph (a) (ii) , state— (i) each management milestone for the area; and (ii) when each management milestone is to be achieved; and - (i) each management milestone for the area; and - (ii) when each management milestone is to be achieved; and - (d) include maps showing the land mentioned in paragraphs (a) , (b) and (c) . - (i) the proposed post-mining land use for the land; or - (ii) that the applicant considers the land to be a non-use management area; and - (i) each rehabilitation milestone required to achieve a stable condition for the land ; and - (ii) when each rehabilitation milestone is to be achieved; and - (i) each management milestone for the area; and - (ii) when each management milestone is to be achieved; and - (a) carrying out rehabilitation of the land would cause a greater risk of environmental harm than not carrying out the rehabilitation; or - (b) both of the following apply— (i) the risk of environmental harm as a result of not carrying out rehabilitation of the land is confined to the area of the relevant resource tenure; (ii) the applicant considers, having regard to each public interest consideration, that it is in the public interest for the land not to be rehabilitated to a stable condition. - (i) the risk of environmental harm as a result of not carrying out rehabilitation of the land is confined to the area of the relevant resource tenure; - (ii) the applicant considers, having regard to each public interest consideration, that it is in the public interest for the land not to be rehabilitated to a stable condition. - (i) the risk of environmental harm as a result of not carrying out rehabilitation of the land is confined to the area of the relevant resource tenure; - (ii) the applicant considers, having regard to each public interest consideration, that it is in the public interest for the land not to be rehabilitated to a stable condition. - (a) the land is being used for operating infrastructure or machinery for mining, including, for example, a dam or water storage facility; or - (b) the land is identified in the proposed PRCP schedule or the application for an environmental authority for relevant activities to which the schedule relates as containing a probable or proved ore reserve that is to be mined within 10 years after the land would otherwise have become available for rehabilitation; or - (ba) the land is required for the mining of a probable or proved ore reserve mentioned in paragraph (b) ; or - (c) the land contains permanent infrastructure identified in the proposed PRCP schedule as remaining on the land for a post-mining land use.