sec.590Procedure if certificate of application issued and conditions decided

### sec.590 Procedure if certificate of application issued and conditions decided The existing Act applies to an environmental authority application if, before the commencement day— a person applied for a mining tenement and an environmental authority in relation to the tenement; and a certificate of application for the mining tenement application was endorsed by the mining registrar; and the administering authority has decided conditions for the environmental authority; and the mining tenement has not been granted and the environmental authority has not been issued. An environmental authority issued by applying the existing Act becomes an environmental authority (mining activities) immediately after it is issued. However, despite any provision of the existing Act, the conditions of the environmental authority must only be— the decided conditions; and any condition that— under the Mineral Resources Act, would have been imposed on a relevant mining tenement had the amending Act not been enacted; and had an environmental authority (mining activities) been granted for each relevant mining activity on the commencement day, would reasonably be expected to be a condition of the environmental authority (mining activities); and any financial assurance condition imposed on the authority under section 598. Chapter 5 applies to the authority, subject to division 4. In this section— certificate of application means a certificate of application under the Mineral Resources Act, section 64 or 252, as in force immediately before the commencement day. s 590 ins 2000 No. 64 s 52 (sec.590-ssec.1) The existing Act applies to an environmental authority application if, before the commencement day— a person applied for a mining tenement and an environmental authority in relation to the tenement; and a certificate of application for the mining tenement application was endorsed by the mining registrar; and the administering authority has decided conditions for the environmental authority; and the mining tenement has not been granted and the environmental authority has not been issued. (sec.590-ssec.2) An environmental authority issued by applying the existing Act becomes an environmental authority (mining activities) immediately after it is issued. (sec.590-ssec.3) However, despite any provision of the existing Act, the conditions of the environmental authority must only be— the decided conditions; and any condition that— under the Mineral Resources Act, would have been imposed on a relevant mining tenement had the amending Act not been enacted; and had an environmental authority (mining activities) been granted for each relevant mining activity on the commencement day, would reasonably be expected to be a condition of the environmental authority (mining activities); and any financial assurance condition imposed on the authority under section 598. (sec.590-ssec.4) Chapter 5 applies to the authority, subject to division 4. (sec.590-ssec.5) In this section— certificate of application means a certificate of application under the Mineral Resources Act, section 64 or 252, as in force immediately before the commencement day. - (a) a person applied for a mining tenement and an environmental authority in relation to the tenement; and - (b) a certificate of application for the mining tenement application was endorsed by the mining registrar; and - (c) the administering authority has decided conditions for the environmental authority; and - (d) the mining tenement has not been granted and the environmental authority has not been issued. - (a) the decided conditions; and - (b) any condition that— (i) under the Mineral Resources Act, would have been imposed on a relevant mining tenement had the amending Act not been enacted; and (ii) had an environmental authority (mining activities) been granted for each relevant mining activity on the commencement day, would reasonably be expected to be a condition of the environmental authority (mining activities); and - (i) under the Mineral Resources Act, would have been imposed on a relevant mining tenement had the amending Act not been enacted; and - (ii) had an environmental authority (mining activities) been granted for each relevant mining activity on the commencement day, would reasonably be expected to be a condition of the environmental authority (mining activities); and - (c) any financial assurance condition imposed on the authority under section 598. - (i) under the Mineral Resources Act, would have been imposed on a relevant mining tenement had the amending Act not been enacted; and - (ii) had an environmental authority (mining activities) been granted for each relevant mining activity on the commencement day, would reasonably be expected to be a condition of the environmental authority (mining activities); and