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Environmental Protection Regulation 2019
sec.213Carrying out PRCP objective assessment for particular PRCP schedule decision
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### sec.213 Carrying out PRCP objective assessment for particular PRCP schedule decision
This section applies if, under section 754 of the Act , the administering authority has given a mining EA holder a notice requiring the holder to give the administering authority a proposed PRC plan.
Schedule 8A, part 3, table 1 does not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that—
a land outcome document provides for an outcome for the land the subject of the proposed PRCP schedule; and
the outcome for the land is the same as or substantially similar to the outcome for the land as if it were a post-mining land use or non-use management area under the plan.
Also, the PRCP objective and PRCP performance outcomes stated in schedule 8A, part 3, table 2, entry for ‘Rehabilitation Milestones’ do not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that—
a land outcome document states criteria for achieving an outcome provided for in the document for land; and
the same or substantially similar criteria are proposed in the plan for the outcome.
In addition, the PRCP objective and PRCP performance outcomes stated in schedule 8A, part 3, table 3, entry for ‘Management Milestones’ do not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that—
a land outcome document states criteria for achieving an outcome provided for in the document for land; and
the same or substantially similar criteria are proposed in the plan for the outcome.
For applying subsection (2), (3) or (4), if there is an inconsistency in land outcome documents for land, the document appearing first in the list mentioned in section 750 of the Act , definition land outcome document , prevails to the extent of the inconsistency.
In this section—
land outcome document see section 750 of the Act .
s 213 ins 2019 SL No. 198 s 12
(sec.213-ssec.1) This section applies if, under section 754 of the Act , the administering authority has given a mining EA holder a notice requiring the holder to give the administering authority a proposed PRC plan.
(sec.213-ssec.2) Schedule 8A, part 3, table 1 does not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that— a land outcome document provides for an outcome for the land the subject of the proposed PRCP schedule; and the outcome for the land is the same as or substantially similar to the outcome for the land as if it were a post-mining land use or non-use management area under the plan.
(sec.213-ssec.3) Also, the PRCP objective and PRCP performance outcomes stated in schedule 8A, part 3, table 2, entry for ‘Rehabilitation Milestones’ do not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that— a land outcome document states criteria for achieving an outcome provided for in the document for land; and the same or substantially similar criteria are proposed in the plan for the outcome.
(sec.213-ssec.4) In addition, the PRCP objective and PRCP performance outcomes stated in schedule 8A, part 3, table 3, entry for ‘Management Milestones’ do not apply for conducting a PRCP objective assessment of the proposed PRCP schedule for the plan to the extent that— a land outcome document states criteria for achieving an outcome provided for in the document for land; and the same or substantially similar criteria are proposed in the plan for the outcome.
(sec.213-ssec.5) For applying subsection (2), (3) or (4), if there is an inconsistency in land outcome documents for land, the document appearing first in the list mentioned in section 750 of the Act , definition land outcome document , prevails to the extent of the inconsistency.
(sec.213-ssec.6) In this section— land outcome document see section 750 of the Act .
- (a) a land outcome document provides for an outcome for the land the subject of the proposed PRCP schedule; and
- (b) the outcome for the land is the same as or substantially similar to the outcome for the land as if it were a post-mining land use or non-use management area under the plan.
- (a) a land outcome document states criteria for achieving an outcome provided for in the document for land; and
- (b) the same or substantially similar criteria are proposed in the plan for the outcome.
- (a) a land outcome document states criteria for achieving an outcome provided for in the document for land; and
- (b) the same or substantially similar criteria are proposed in the plan for the outcome.