sec.139Information stage does not apply if EIS process complete

### sec.139 Information stage does not apply if EIS process complete This section applies if— either— the EIS process for an EIS for each relevant activity the subject of the application has been completed and the EIS assessment report relating to each relevant activity has not lapsed under section 59A ; or in evaluating an EIS under the State Development Act , the Coordinator-General has stated conditions mentioned in section 34D (3) (b) of that Act that relate to each relevant activity the subject of the application; and since the EIS mentioned in paragraph (a) (i) or the evaluation mentioned in paragraph (a) (ii) was completed— for an environmental authority—the environmental risks of the activity and the way the activity will be carried out have not changed; or for a proposed PRC plan— a post-mining land use or non-use management area has not changed; or achieving a stable condition for land has not changed; or the way a post-mining land use will be achieved, or a non-use management area will be managed, has not changed in a way likely to result in significantly different impacts on environmental values compared to the impacts on the values under the EIS; or the day by which rehabilitation of land to a stable condition will be achieved has not changed. However— this section applies for a variation application or site-specific application only if the matters mentioned in section 125 (1) (l) have been provided to the administering authority (whether with the application, through the EIS or in another way); and this section applies for a site-specific application for a mining activity relating to a mining lease only if there is a proposed PRC plan for the application. The information stage does not apply to the application. s 139 prev s 139 ins 2000 No. 64 s 6 amd 2002 No. 45 s 3 (2) sch sub 2004 No. 48 s 32 amd 2005 No. 53 s 42 om 2009 No. 3 s 459 pres s 139 ins 2012 No. 16 s 8 amd 2014 No. 47 s 258 ; 2018 No. 30 s 110 ; 2020 No. 26 s 16 ; 2023 No. 6 s 22 (sec.139-ssec.1) This section applies if— either— the EIS process for an EIS for each relevant activity the subject of the application has been completed and the EIS assessment report relating to each relevant activity has not lapsed under section 59A ; or in evaluating an EIS under the State Development Act , the Coordinator-General has stated conditions mentioned in section 34D (3) (b) of that Act that relate to each relevant activity the subject of the application; and since the EIS mentioned in paragraph (a) (i) or the evaluation mentioned in paragraph (a) (ii) was completed— for an environmental authority—the environmental risks of the activity and the way the activity will be carried out have not changed; or for a proposed PRC plan— a post-mining land use or non-use management area has not changed; or achieving a stable condition for land has not changed; or the way a post-mining land use will be achieved, or a non-use management area will be managed, has not changed in a way likely to result in significantly different impacts on environmental values compared to the impacts on the values under the EIS; or the day by which rehabilitation of land to a stable condition will be achieved has not changed. (sec.139-ssec.2) However— this section applies for a variation application or site-specific application only if the matters mentioned in section 125 (1) (l) have been provided to the administering authority (whether with the application, through the EIS or in another way); and this section applies for a site-specific application for a mining activity relating to a mining lease only if there is a proposed PRC plan for the application. (sec.139-ssec.3) The information stage does not apply to the application. - (a) either— (i) the EIS process for an EIS for each relevant activity the subject of the application has been completed and the EIS assessment report relating to each relevant activity has not lapsed under section 59A ; or (ii) in evaluating an EIS under the State Development Act , the Coordinator-General has stated conditions mentioned in section 34D (3) (b) of that Act that relate to each relevant activity the subject of the application; and - (i) the EIS process for an EIS for each relevant activity the subject of the application has been completed and the EIS assessment report relating to each relevant activity has not lapsed under section 59A ; or - (ii) in evaluating an EIS under the State Development Act , the Coordinator-General has stated conditions mentioned in section 34D (3) (b) of that Act that relate to each relevant activity the subject of the application; and - (b) since the EIS mentioned in paragraph (a) (i) or the evaluation mentioned in paragraph (a) (ii) was completed— (i) for an environmental authority—the environmental risks of the activity and the way the activity will be carried out have not changed; or (ii) for a proposed PRC plan— (A) a post-mining land use or non-use management area has not changed; or (B) achieving a stable condition for land has not changed; or (C) the way a post-mining land use will be achieved, or a non-use management area will be managed, has not changed in a way likely to result in significantly different impacts on environmental values compared to the impacts on the values under the EIS; or (D) the day by which rehabilitation of land to a stable condition will be achieved has not changed. - (i) for an environmental authority—the environmental risks of the activity and the way the activity will be carried out have not changed; or - (ii) for a proposed PRC plan— (A) a post-mining land use or non-use management area has not changed; or (B) achieving a stable condition for land has not changed; or (C) the way a post-mining land use will be achieved, or a non-use management area will be managed, has not changed in a way likely to result in significantly different impacts on environmental values compared to the impacts on the values under the EIS; or (D) the day by which rehabilitation of land to a stable condition will be achieved has not changed. - (A) a post-mining land use or non-use management area has not changed; or - (B) achieving a stable condition for land has not changed; or - (C) the way a post-mining land use will be achieved, or a non-use management area will be managed, has not changed in a way likely to result in significantly different impacts on environmental values compared to the impacts on the values under the EIS; or - (D) the day by which rehabilitation of land to a stable condition will be achieved has not changed. - (i) the EIS process for an EIS for each relevant activity the subject of the application has been completed and the EIS assessment report relating to each relevant activity has not lapsed under section 59A ; or - (ii) in evaluating an EIS under the State Development Act , the Coordinator-General has stated conditions mentioned in section 34D (3) (b) of that Act that relate to each relevant activity the subject of the application; and - (i) for an environmental authority—the environmental risks of the activity and the way the activity will be carried out have not changed; or - (ii) for a proposed PRC plan— (A) a post-mining land use or non-use management area has not changed; or (B) achieving a stable condition for land has not changed; or (C) the way a post-mining land use will be achieved, or a non-use management area will be managed, has not changed in a way likely to result in significantly different impacts on environmental values compared to the impacts on the values under the EIS; or (D) the day by which rehabilitation of land to a stable condition will be achieved has not changed. - (A) a post-mining land use or non-use management area has not changed; or - (B) achieving a stable condition for land has not changed; or - (C) the way a post-mining land use will be achieved, or a non-use management area will be managed, has not changed in a way likely to result in significantly different impacts on environmental values compared to the impacts on the values under the EIS; or - (D) the day by which rehabilitation of land to a stable condition will be achieved has not changed. - (A) a post-mining land use or non-use management area has not changed; or - (B) achieving a stable condition for land has not changed; or - (C) the way a post-mining land use will be achieved, or a non-use management area will be managed, has not changed in a way likely to result in significantly different impacts on environmental values compared to the impacts on the values under the EIS; or - (D) the day by which rehabilitation of land to a stable condition will be achieved has not changed. - (a) this section applies for a variation application or site-specific application only if the matters mentioned in section 125 (1) (l) have been provided to the administering authority (whether with the application, through the EIS or in another way); and - (b) this section applies for a site-specific application for a mining activity relating to a mining lease only if there is a proposed PRC plan for the application.