sec.136AAdministering authority must obtain report about public interest evaluation for particular applications

### sec.136A Administering authority must obtain report about public interest evaluation for particular applications This section applies if— the application stage for a site-specific application for a mining activity relating to a mining lease has ended; and there is a proposed PRC plan for the application that includes a proposed PRCP schedule identifying an area of land as a non-use management area under section 126D (2) (b) ; and either— a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has not been carried out for an EIS; or a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has been carried out for an EIS and, since the evaluation was carried out, the proposed non-use management area has changed. The administering authority must, as soon as practicable after the later of the application stage ending or the proposed PRC plan being submitted, ask a qualified entity to— carry out a public interest evaluation for each area of land mentioned in subsection (1) (b) ; and give the administering authority a report about the evaluation that complies with section 316PB . See section 167A (4) for when particular reports must be given to the administering authority under paragraph (b) . In this section— EIS includes an EIS under the State Development Act . qualified entity means an entity, other than the applicant, that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation. s 136A ins 2018 No. 30 s 109A amd 2020 No. 26 s 15 (sec.136A-ssec.1) This section applies if— the application stage for a site-specific application for a mining activity relating to a mining lease has ended; and there is a proposed PRC plan for the application that includes a proposed PRCP schedule identifying an area of land as a non-use management area under section 126D (2) (b) ; and either— a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has not been carried out for an EIS; or a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has been carried out for an EIS and, since the evaluation was carried out, the proposed non-use management area has changed. (sec.136A-ssec.2) The administering authority must, as soon as practicable after the later of the application stage ending or the proposed PRC plan being submitted, ask a qualified entity to— carry out a public interest evaluation for each area of land mentioned in subsection (1) (b) ; and give the administering authority a report about the evaluation that complies with section 316PB . See section 167A (4) for when particular reports must be given to the administering authority under paragraph (b) . (sec.136A-ssec.3) In this section— EIS includes an EIS under the State Development Act . qualified entity means an entity, other than the applicant, that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation. - (a) the application stage for a site-specific application for a mining activity relating to a mining lease has ended; and - (b) there is a proposed PRC plan for the application that includes a proposed PRCP schedule identifying an area of land as a non-use management area under section 126D (2) (b) ; and - (c) either— (i) a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has not been carried out for an EIS; or (ii) a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has been carried out for an EIS and, since the evaluation was carried out, the proposed non-use management area has changed. - (i) a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has not been carried out for an EIS; or - (ii) a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has been carried out for an EIS and, since the evaluation was carried out, the proposed non-use management area has changed. - (i) a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has not been carried out for an EIS; or - (ii) a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has been carried out for an EIS and, since the evaluation was carried out, the proposed non-use management area has changed. - (a) carry out a public interest evaluation for each area of land mentioned in subsection (1) (b) ; and - (b) give the administering authority a report about the evaluation that complies with section 316PB . Note— See section 167A (4) for when particular reports must be given to the administering authority under paragraph (b) .