QLDIn ForceRegulation
Environmental Protection Regulation 2019
sec.187BExceptional circumstances in which land taken not to be available for rehabilitation— Act , s 754
Start here
Get a plain-English read of sec.187B
Turn the raw legal text into a practical explanation grounded in Environmental Protection Regulation 2019.
### sec.187B Exceptional circumstances in which land taken not to be available for rehabilitation— Act , s 754
For section 754 (9) of the Act , exceptional circumstances in which land is taken not to be available for rehabilitation for section 126D (4) of the Act exist to the extent—
the land is identified in a proposed PRCP schedule as containing a probable or proved ore reserve; and
the mining of the reserve is required to rehabilitate a relevant rehabilitation area under the proposed PRCP schedule; and
the reserve can not reasonably be mined within 10 years after the land would otherwise have become available for rehabilitation under section 126D (5) of the Act ; and
the proposed PRCP schedule provides for the mining of the reserve and the area becoming available for rehabilitation as soon as practicable after the 10-year period mentioned paragraph (c) ends.
In this section—
relevant rehabilitation area , for a proposed PRCP schedule, means land under the proposed PRCP schedule if—
it is land described in section 754 (3) of the Act ; and
despite paragraph (a) , the proposed PRCP schedule provides for a post-mining land use for the land.
s 187B ins 2019 SL No. 198 s 10
(sec.187B-ssec.1) For section 754 (9) of the Act , exceptional circumstances in which land is taken not to be available for rehabilitation for section 126D (4) of the Act exist to the extent— the land is identified in a proposed PRCP schedule as containing a probable or proved ore reserve; and the mining of the reserve is required to rehabilitate a relevant rehabilitation area under the proposed PRCP schedule; and the reserve can not reasonably be mined within 10 years after the land would otherwise have become available for rehabilitation under section 126D (5) of the Act ; and the proposed PRCP schedule provides for the mining of the reserve and the area becoming available for rehabilitation as soon as practicable after the 10-year period mentioned paragraph (c) ends.
(sec.187B-ssec.2) In this section— relevant rehabilitation area , for a proposed PRCP schedule, means land under the proposed PRCP schedule if— it is land described in section 754 (3) of the Act ; and despite paragraph (a) , the proposed PRCP schedule provides for a post-mining land use for the land.
- (a) the land is identified in a proposed PRCP schedule as containing a probable or proved ore reserve; and
- (b) the mining of the reserve is required to rehabilitate a relevant rehabilitation area under the proposed PRCP schedule; and
- (c) the reserve can not reasonably be mined within 10 years after the land would otherwise have become available for rehabilitation under section 126D (5) of the Act ; and
- (d) the proposed PRCP schedule provides for the mining of the reserve and the area becoming available for rehabilitation as soon as practicable after the 10-year period mentioned paragraph (c) ends.
- (a) it is land described in section 754 (3) of the Act ; and
- (b) despite paragraph (a) , the proposed PRCP schedule provides for a post-mining land use for the land.