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(3) Section 551(2), from ‘code of’ to ‘Minister’—
omit, insert—
GED code, the chief executive
(4) Section 551(3) and (4)—
omit, insert—
(3) A GED code made under subsection (1) takes
effect on the day it is approved by a regulation.
90 Insertion of new ch 12, pt 1A, divs 2 and 3
After section 551—
insert—
Division 2 Making codes of practice
for code-managed ERAs
551A Chief executive may make code of practice
for code-managed ERA
(1) The chief executive may make a code of practice
for a code-managed ERA (an ERA code).
(2) The purpose of an ERA code is to provide for the
code-managed ERA to which it relates to be
carried out without an environmental authority
while ensuring the activity is carried out in a way
that is consistent with the object of this Act.
(3) An ERA code may include a condition about
carrying out the code-managed ERA to which it
relates, including, for example, a condition
about—
(a) preventing or minimising the release of
contaminants into the environment when the
activity is carried out; or
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(b) rehabilitating or remediating environmental
harm caused by the carrying out of the
activity; or
(c) notifying the administering authority of any
environmental harm caused by the carrying
out of the activity.
551B Notice of proposed ERA code
(1) Before the chief executive makes an ERA code,
the chief executive must publish the following on
the department’s website—
(a) a copy of the proposed ERA code;
(b) a notice stating—
(i) that a person may make a submission
to the chief executive about the
proposed ERA code; and
(ii) the period, of at least 30 business days,
(the consultation period) during which
a submission may be made; and
(iii) how to make a submission; and
(iv) that, after the proposed ERA code
takes effect, the code-managed ERA to
which the code relates may or must, in
particular circumstances, be carried out
under the code instead of an
environmental authority.
(2) The chief executive must ensure the documents
mentioned in subsection (1) are published on the
department’s website throughout the consultation
period.
(3) The chief executive must give written notice
about the proposed ERA code to each holder of a
relevant existing authority that is in effect
immediately before the consultation period starts.
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(4) A notice under subsection (3) must state—
(a) that the chief executive proposes to make an
ERA code that will apply to activities
approved by the holder’s relevant existing
authority; and
(b) details of how chapter 6 will apply in
relation to the holder after the proposed
ERA code takes effect; and
(c) details of the department’s website address;
and
(d) that the holder may make a submission to
the chief executive about the proposed ERA
code during the consultation period.
(5) In this section—
relevant existing authority, in relation to a
proposed ERA code, means an environmental
authority that approves the code-managed ERA to
which the proposed ERA code relates.
551C Consideration of submissions
The chief executive must consider all submissions
made during the consultation period mentioned in
section 551B(1)(b)(ii) before deciding whether to
make the ERA code.
551D Approval of ERA code by regulation
An ERA code takes effect—
(a) when it is approved by a regulation; or
(b) if the regulation approving the ERA code
states a later day—on the later day.
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Division 3 Other provisions about
codes of practice
551E Minor amendments
(1) The chief executive may make a minor
amendment of a GED code or ERA code by
publishing a copy of the amended code on the
department’s website.
Note—
An amendment of a GED code or ERA code other than
a minor amendment is made by the making of a new
GED code or ERA code.
(2) The amended GED code or ERA code takes effect
when it is approved by a regulation.
(3) In this section—
minor amendment, of a GED code or ERA code,
means an amendment of the code—
(a) to change a title or department name; or
(b) to correct a spelling or grammatical error; or
(c) to change terminology that has no effect on
the operation of the code; or
(d) to make another change the chief executive
is satisfied is not a change of substance.
551F Publication
The chief executive must publish a copy of each
GED code or ERA code in effect under this part
on the department’s website.
91 Omission of s 707 (Deferment of application of s 426 to
newly prescribed ERAs)
Section 707—
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omit.
92 Amendment of s 710 (References to former terms)
Section 710(1)—
insert—
Note—
See also section 859.
93 Insertion of new ch 13, pt 35, div 3
Chapter 13, part 35, as inserted by this Act—
insert—
Division 3 Transitional provisions for
amendments commencing
by proclamation
Subdivision 1 Small scale mining
activities
850 Definitions for subdivision
In this subdivision—
corresponding ERA code condition, for a
prescribed condition for a small scale mining
activity, means the condition of an ERA code that
corresponds, or substantially corresponds, to the
prescribed condition.
prescribed condition, for a small scale mining
activity, means a prescribed condition under
former section 21A for the activity.
surety, for a small scale mining activity, means a
surety given under the Mineral and Energy
Resources (Financial Provisioning) Act 2018 by
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the holder of a mining tenure for the activity, as
required by former section 21A(2).
transitional environmental program, for a small
scale mining activity, means a transitional
environmental program detailing the transition of
an activity to comply with a prescribed condition
for the activity.
851 Unamended Act continues to apply for
particular period
(1) This section applies in relation to a small scale
mining activity that, immediately before the
commencement, was being carried out other than
under an environmental authority.
(2) The unamended Act continues to apply in relation
to the person carrying out the small scale mining
activity, as if the amendment Act had not been
enacted, until the first of the following events
happens—
(a) the activity is a code-managed ERA and the
person—
(i) for a code-managed ERA that may be
carried out under the relevant ERA
code only by a person who is registered
under new chapter 6, part 1—is
registered under new chapter 6, part 1
in relation to the code-managed ERA;
or
(ii) for another code-managed
ERA—gives the administering
authority a written notice stating the
person intends to carry out the
code-managed ERA under the relevant
ERA code;
(b) the small scale mining activity is approved
by an environmental authority;
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(c) the period of 12 months after the
commencement ends.
(3) For applying the unamended Act under
subsection (2)—
(a) each prescribed condition that applied to the
small scale mining activity immediately
before the commencement continues to be a
prescribed condition applying to the
activity; and
(b) the Mineral and Energy Resources
(Financial Provisioning) Act 2018, as in
force immediately before the
commencement, continues to apply in
relation to a surety for the small scale
mining activity as if the amendment Act had
not been enacted.
(4) This section is not limited by any other provision
of this subdivision.
Note—
See also the Mineral and Energy Resources (Financial
Provisioning) Act 2018, section 110.
852 Offences against former s 435A
(1) This section applies in relation to an offence—
(a) committed by a person, before the
commencement, against former section
435A; or
(b) committed by a person, after the
commencement, against former section
435A as continued under section 851.
(2) A proceeding for the offence may be continued or
started, and the person may be convicted of and
punished for the offence, as if the amendment Act
had not been enacted.
(3) A reference in subsection (2) to a proceeding for
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the offence includes a reference to action by way
of an infringement notice under the State
Penalties Enforcement Act 1999 and, for that
purpose, the State Penalties Enforcement
Regulation 2014 as in force before the
commencement continues to apply.
(4) Subsections (2) and (3)—
(a) do not limit the Acts Interpretation Act
1954, section 20; and
(b) apply despite the Criminal Code, section 11.
853 Exception, exemption or defence if acting
under a prescribed condition
(1) This section applies in relation to a person who—
(a) before the commencement, carried out a
small scale mining activity in compliance
with a prescribed condition for the activity;
or
(b) after the commencement, carries out a small
scale mining activity in compliance with a
prescribed condition for the activity as
provided under section 851.
(2) An exception, exemption or defence under the
unamended Act that may have been claimed by a
person carrying out the small scale mining
activity in compliance with the prescribed
condition continues to apply to the person
carrying out the activity in compliance with the
condition.
854 Environmental enforcement order for
compliance with a prescribed condition
(1) This section applies in relation to—
(a) an environmental enforcement order—
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(i) issued under this Act before the
commencement in relation to securing
compliance with a prescribed condition
for carrying out a small scale mining
activity; and
(ii) in effect immediately before the
commencement; or
(b) an environmental enforcement order issued
under this Act after the commencement in
relation to securing compliance with a
prescribed condition for carrying out a small
scale mining activity as continued under
section 851.
(2) The environmental enforcement order continues
in effect despite the repeal of former sections 21A
and 435A and the amendment of former chapter 7,
part 5 by the amendment Act.
855 Existing application for transitional
environmental program
(1) This section applies to an application for the issue
of a transitional environmental program for a
small scale mining activity made but not decided
before the commencement.
(2) The administering authority must decide the
application under the unamended Act.
(3) For subsection (2), the unamended Act continues
to apply in relation to the application as if it had
not been amended by the amendment Act.
(4) If the administering authority approves the
application and, at the time of the approval, the
person is carrying out the small scale mining
activity under the unamended Act as provided
under section 851—
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(a) the unamended Act continues to apply in
relation to the transitional environmental
program while the person carries out the
small scale mining activity under the
unamended Act as provided under section
851; and
(b) if the person starts to carry out the small
scale mining activity under the relevant
ERA code—the administering authority
must amend the transitional environmental
program to apply to the corresponding ERA
code condition for the prescribed condition
to which the program relates.
(5) If the administering authority approves the
application and, at the time of the approval, the
person is carrying out the small scale mining
activity under the relevant ERA code, the
administering authority must amend the
transitional environmental program to apply to
the corresponding ERA code condition for the
prescribed condition to which the program relates.
(6) If neither subsection (4) nor (5) applies in relation
to the person carrying out the small scale mining
activity, the administering authority must review
the terms of the transitional environmental
program and make any amendments the
administering authority considers appropriate to
allow the program to continue under this Act.
856 Existing transitional environmental program
(1) A transitional environmental program for a small
scale mining activity that was in effect
immediately before the commencement continues
in effect despite the amendment of section 330 by
the amendment Act.
(2) If, on the commencement, the person is carrying
out the small scale mining activity under the
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unamended Act as provided under section 851—
(a) the unamended Act continues to apply in
relation to the transitional environmental
program while the person carries out the
small scale mining activity under the
unamended Act as provided under section
851; and
(b) if the person starts to carry out the small
scale mining activity under the relevant
ERA code—the administering authority
must amend the transitional environmental
program to apply to the corresponding ERA
code condition for the prescribed condition
to which the program relates.
(3) If, on the commencement, the person is carrying
out the small scale mining activity under the
relevant ERA code, the administering authority
must amend the transitional environmental
program to apply to the corresponding ERA code
condition for the prescribed condition to which
the program relates.
(4) If neither subsection (2) nor (3) applies in relation
to the person carrying out the small scale mining
activity, the administering authority must review
the terms of the transitional environmental
program and make any amendments the
administering authority considers appropriate to
allow the program to continue under this Act.
857 Recovery of costs and expenses for
compliance action
(1) This section applies if, in taking action to secure
compliance with a prescribed condition for a
small scale mining activity for which a surety has
been given, the administering authority, or the
State—
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(a) incurred costs and expenses before the
commencement; or
(b) incurs costs and expenses after the
commencement because of the operation of
section 851.
(2) Former chapter 5, part 14, division 3 continues to
apply in relation to the costs and expenses as if the
amendment Act had not been enacted.
Note—
See also the Mineral and Energy Resources (Financial
Provisioning) Act 2018, section 110.
Subdivision 2 Other matters
858 Existing codes of practice
(1) This section applies to a code of practice made by
the Minister under former section 551 that was in
effect immediately before the commencement.
(2) The code of practice continues in effect under this
Act as if it were a GED code made by the chief
executive, and approved by a regulation, under
new section 551.
859 References to environmentally relevant
activities or ERA projects
(1) From the commencement, a reference in an
instrument to a term mentioned in column 1 of the
following table may, if the context requires or
permits, be taken to be a reference to the term
mentioned in column 2—
Column 1 Column 2
prescribed ERA general ERA
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