sec.616GLimited application of s 426 for transitional authority (SAA)

### sec.616G Limited application of s 426 for transitional authority (SAA) Section 426 does not apply to a person carrying out an SAA mining activity that is not authorised under a transitional authority (SAA) if— the person was carrying out the activity immediately before the commencement; and either— the holder of the authority has made a relevant amendment application or a relevant new application about the activity under the authority and the application has not been decided; or the holder of the authority has given the administering authority notice of the activity (an activity notice ) and no more than 30 days have passed since the notice was given. However, an activity notice can not be given if an activity notice has already been given for the activity or another activity that is substantially the same as the activity. An activity notice must state— the mining lease or agreement under which the activity is being carried out; and the nature of the activity; and that the activity is not authorised under the conditions of the authority. To remove any doubt, it is declared that this section does not limit the application of sections 430 and 431 to the holder of the authority. In this section— relevant amendment application , about an SAA mining activity under a transitional authority (SAA), means an application to amend the authority that, if granted, would allow the carrying out of the activity under the transitional authority (SAA). relevant new application , about an SAA mining activity under a transitional authority (SAA), means an application under the current Act for an environmental authority (mining activities) for a level 1 mining project, that, if granted, would allow the carrying out of the activity under the environmental authority (mining activities). s 616G ins 2008 No. 37 s 9 (sec.616G-ssec.1) Section 426 does not apply to a person carrying out an SAA mining activity that is not authorised under a transitional authority (SAA) if— the person was carrying out the activity immediately before the commencement; and either— the holder of the authority has made a relevant amendment application or a relevant new application about the activity under the authority and the application has not been decided; or the holder of the authority has given the administering authority notice of the activity (an activity notice ) and no more than 30 days have passed since the notice was given. (sec.616G-ssec.2) However, an activity notice can not be given if an activity notice has already been given for the activity or another activity that is substantially the same as the activity. (sec.616G-ssec.3) An activity notice must state— the mining lease or agreement under which the activity is being carried out; and the nature of the activity; and that the activity is not authorised under the conditions of the authority. (sec.616G-ssec.4) To remove any doubt, it is declared that this section does not limit the application of sections 430 and 431 to the holder of the authority. (sec.616G-ssec.5) In this section— relevant amendment application , about an SAA mining activity under a transitional authority (SAA), means an application to amend the authority that, if granted, would allow the carrying out of the activity under the transitional authority (SAA). relevant new application , about an SAA mining activity under a transitional authority (SAA), means an application under the current Act for an environmental authority (mining activities) for a level 1 mining project, that, if granted, would allow the carrying out of the activity under the environmental authority (mining activities). - (a) the person was carrying out the activity immediately before the commencement; and - (b) either— (i) the holder of the authority has made a relevant amendment application or a relevant new application about the activity under the authority and the application has not been decided; or (ii) the holder of the authority has given the administering authority notice of the activity (an activity notice ) and no more than 30 days have passed since the notice was given. - (i) the holder of the authority has made a relevant amendment application or a relevant new application about the activity under the authority and the application has not been decided; or - (ii) the holder of the authority has given the administering authority notice of the activity (an activity notice ) and no more than 30 days have passed since the notice was given. - (i) the holder of the authority has made a relevant amendment application or a relevant new application about the activity under the authority and the application has not been decided; or - (ii) the holder of the authority has given the administering authority notice of the activity (an activity notice ) and no more than 30 days have passed since the notice was given. - (a) the mining lease or agreement under which the activity is being carried out; and - (b) the nature of the activity; and - (c) that the activity is not authorised under the conditions of the authority.