Mineral and Energy Resources (Financial Provisioning) Act 2018
sec.53Application of subdivision
Start here
Get a plain-English read of sec.53
Turn the raw legal text into a practical explanation grounded in Mineral and Energy Resources (Financial Provisioning) Act 2018.
sec.53 Application of subdivision
This subdivision applies if— both of the following apply— the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of high; section 46 (b) does not apply; or both of the following apply— the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of very low, low, moderate or moderate-high; the holder of the authority is required to give a surety under section 49 (3) ; or both of the following apply— the scheme manager makes an allocation decision for an authority that allocates the authority to the risk category of very low, low, moderate or moderate-high; the scheme manager decides the holder of the authority must give a surety, rather than pay a contribution, to preserve the financial viability of the scheme fund; or all of the following apply— a changed holder event of a type mentioned in section 31A (1) (a) happens in relation to an authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount; the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; if division 1A applies in relation to the changed holder for the changed holder event—the election period has ended and the scheme manager has not given the changed holder an election notice for the authority; or both of the following apply— a changed holder event of a type mentioned in section 31A (1) (b) , (c) or (d) happens in relation to an authority for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount; if division 1A applies in relation to the changed holder for the changed holder event—the election period has ended and the scheme manager has not given the changed holder an election notice for the authority; or all of the following apply— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; if division 1A applies in relation to the holder for the administering authority’s decision—the election period has ended; an election notice is not in effect for the authority; or both of the following apply— a changed holder event happens in relation to an authority for which the estimated rehabilitation cost is less than $100,000; if the changed holder event is of a type mentioned in section 31A (1) (a) —the prescribed dealing is approved under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 19 by the Minister; or both of the following apply— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; the estimated rehabilitation cost decided by the administering authority is less than $100,000; or the holder of a small scale mining tenure is required under the Environmental Protection Act 1994 , section 21A (2) to give a surety before carrying out an activity, or allowing the carrying out of an activity, under the tenure. s 53 amd 2024 No. 33 s 118