3AWork plans—extractive industry work authorities

3A Work plans—extractive industry work authorities

(a) to the holder of an extractive industry work authority who has an approved work plan immediately before the commencement of section 27 of the amending Act; or

(b) to a person who, before the commencement of section 27 of the amending Act, lodged a work plan under section 77G as in force before that commencement; or

(c) to the holder of an extractive industry work authority who, before the commencement of section 27 of the amending Act, lodged an application for the variation of an approved work plan under section 77H as in force before that commencement.

(2) Despite anything to the contrary in Part 6A of this Act, a person to whom this clause applies is not required to comply with the requirements for an approved work plan as in force after the commencement of section 27 of the amending Act if the approved work plan has not been varied after that commencement.

(3) Part 6A of this Act as in force immediately before the commencement of section 27 of the amending Act continues to apply to the approval of a work plan to which subclause (1)(b) applies.

(4) Despite subclauses (2) and (3), if the Department Head is satisfied that work set out in a work plan described in subclause (1)(a), (b) or (c) may pose an unacceptable risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of that work, the Department Head may direct that the work plan be varied so that it complies with section 77G(3) as amended by section 27 of the amending Act.

(5) On making a determination under subclause (4), the Department Head must give the person who holds the extractive industry work authority or lodged the work plan written notice of the proposed variation, and the reasons for it, and give the person an opportunity to comment on the proposal.

(6) After considering any comments made by the person who holds the extractive industry work authority or lodged the work plan, the Department Head may direct the person to lodge an application under section 77H for approval of the variation.

4 Endorsement of work plan or variation to approved work plan

Section 77TD(1) of this Act as in force immediately before the commencement of section 33(1) of the amending Act continues to apply to a work plan or variation of an approved work plan received but not endorsed before that commencement.

Sch. 11 inserted by No. 2/2026 s. 58.

Schedule 11—Transitional provisions arising from the Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Act 2026

amending Act means the Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Act 2026;