40Work plan

40 Work plan (1) A licensee who proposes to do work under the licence must lodge a work plan with the Department Head. S. 40(2) amended by No. 47/2015 s. 9. (2) Subsection (1) does not apply to— (a) a licensee who proposes to carry out only low impact exploration work; or (b) a licensee who holds a mining licence that— (i) covers an area of 5 hectares or less; and (ii) does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments; or (c) a licensee who holds a prospecting licence that does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments— unless the Department Head declares, in writing, that the licensee must lodge a work plan. S. 40(3) substituted by No. 10/2014 s. 16 (as amended by No. 47/2015 s. 3). (3) A work plan must— (a) be appropriate in relation to the nature and scale of the work proposed to be carried out; and (b) identify the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work; and (c) specify what the licensee will do to eliminate or minimise those risks as far as reasonably practicable; and (d) if the licence is a mining licence or prospecting licence, in relation to the mining activities proposed to be carried out under the licence, include a plan for consulting with the community that demonstrates that the licence holder will use appropriate and effective measures to consult with the community throughout the period of the licence and is prepared in accordance with the regulations and any guidelines issued by the Minister relating to such plans (a ***community engagement plan***); and (e) if the licence is a mining licence or a prospecting licence under which mining activities are proposed to be carried out, include a rehabilitation plan for the land proposed to be covered by the licence; and (f) if the licence is a mining licence relating to a declared mine, contain the prescribed mine stability requirements and processes; and (g) contain any other matters required by the regulations. (4) A specified work plan that is lodged under subsection (1) must be statutorily endorsed. S. 40(5) amended by No. 68/2014 s. 41. (5) In the case of a mining licence or prospecting licence, if any part of the land relating to the work plan is Crown land, the Department Head must without delay lodge a copy of the work plan with the Crown land Minister. (6) Subsection (5) does not apply if the only work set out in the work plan that is proposed to be done on the Crown land is exploration work. (7) Within 28 days after a copy of the work plan is lodged with the Crown land Minister, or any longer period allowed by the Minister, the Crown land Minister— (a) must give comments to the Minister on the rehabilitation plan included in the work plan; and (b) may recommend changes to be made to the work plan before it is approved or conditions to which an approval should be made subject. S. 40A inserted by No. 10/2014 s. 17.