124Excluded event certificate

124 Excluded event certificate

(1) A holder of an extractive industry work authority who has lodged an application for approval of a variation of a work plan under section 77H of the Mineral Resources (Sustainable Development) Act 1990 may apply to the Secretary for a certificate for the purposes of section 6(d).

(a) be made in a manner and form approved by the Secretary; and

(b) be accompanied by—

(i) a copy of the extractive industry work authority, the work plan for the extractive industry and the application for approval of a variation of the work plan; and

(ii) any other information that the Secretary considers necessary to make a decision for the purposes of subsection (3).

(3) On receiving an application under subsection (1), the Secretary may issue a certificate (an excluded event certificate) if the Secretary is satisfied that the extractive industry to which the application relates will not, by the operation of section 43A of the EPBC Act, be subject to—

(a) the 2010 Commonwealth approval; or

(b) the 2013 Commonwealth approval; or

(c) the 2014 Commonwealth approval.

See also sections 6(d) and 25.