sec.755AApplication of requirement for public interest evaluation for application stage

### sec.755A Application of requirement for public interest evaluation for application stage Section 136A does not apply for the assessment of a proposed PRC plan under section 755(2), unless— the PRCP schedule for the proposed PRC plan identifies a non-use management area under section 126D(2)(b); and the holder is required to comply with a requirement under section 126C(1)(g) or (h) or 126D(2) or (3) for the proposed PRCP schedule in relation to land because section 754(3) does not apply for the area. Subsection (3) applies if— a public interest evaluation is required for the assessment of the proposed PRC plan; and the qualified entity carrying out the evaluation considers an alternative option to approving the area as a non-use management area under section 316PA(2)(c); and the financial viability of the mining activity or resource project would be jeopardised if the alternative option were implemented. The report for the public interest evaluation under section 136A(2) must include a consideration of the stage of, and the land outcome documents relating to, the mining activity or resource project. s 755A ins 2018 No 30 s 203 (sec.755A-ssec.1) Section 136A does not apply for the assessment of a proposed PRC plan under section 755(2), unless— the PRCP schedule for the proposed PRC plan identifies a non-use management area under section 126D(2)(b); and the holder is required to comply with a requirement under section 126C(1)(g) or (h) or 126D(2) or (3) for the proposed PRCP schedule in relation to land because section 754(3) does not apply for the area. (sec.755A-ssec.2) Subsection (3) applies if— a public interest evaluation is required for the assessment of the proposed PRC plan; and the qualified entity carrying out the evaluation considers an alternative option to approving the area as a non-use management area under section 316PA(2)(c); and the financial viability of the mining activity or resource project would be jeopardised if the alternative option were implemented. (sec.755A-ssec.3) The report for the public interest evaluation under section 136A(2) must include a consideration of the stage of, and the land outcome documents relating to, the mining activity or resource project. - (a) the PRCP schedule for the proposed PRC plan identifies a non-use management area under section 126D(2)(b); and - (b) the holder is required to comply with a requirement under section 126C(1)(g) or (h) or 126D(2) or (3) for the proposed PRCP schedule in relation to land because section 754(3) does not apply for the area. - (a) a public interest evaluation is required for the assessment of the proposed PRC plan; and - (b) the qualified entity carrying out the evaluation considers an alternative option to approving the area as a non-use management area under section 316PA(2)(c); and - (c) the financial viability of the mining activity or resource project would be jeopardised if the alternative option were implemented.