41Application for variation of work plan

41 Application for variation of work plan (1) The holder of a licence who— S. 41(1)(a) amended by No. 23/2023 s. 7. (a) subject to section 41AAA, proposes to vary an approved work plan; or S. 41(1)(b) amended by No. 47/2015 s. 10. (b) is directed by the Department Head under section 41AA or clause 3 of Schedule 9 to lodge an application for approval of a variation of a work plan— must lodge an application for approval of the variation with the Department Head. S. 41(1A) inserted by No. 2/2026 s. 31(1). (1A) The former holder of a licence who proposes to vary a rehabilitation plan included in an approved work plan must lodge an application for approval of the variation with the Department Head. S. 41(2) amended by No. 2/2026 s. 31(2). (2) An application for approval of a variation under subsection (1) or (1A) must contain the prescribed information. (3) A proposed specified variation that is the subject of an application must be statutorily endorsed. S. 41(4) amended by No. 68/2014 s. 41. (4) In the case of a mining licence or prospecting licence, if any part of the land relating to the proposed variation of the work plan is Crown land, the Department Head must without delay lodge a copy of the application with the Crown land Minister. S. 41(4A) inserted by No. 22/2017 s. 9(1), amended by No. 32/2019 s. 7(1). (4A) In the case of a mining licence, if any part of the land relating to the proposed variation of the work plan is land that forms part of declared mine land, the Department Head must without delay lodge a copy of the application with the Rehabilitation Authority. (5) Subsection (4) 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. (6) Within 28 days after the application is lodged with the Crown land Minister under subsection (4), 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 if affected by the proposed variation; and (b) may recommend changes to be made to the proposed variation before it is approved or conditions to which an approval should be made subject. S. 41(7) inserted by No. 22/2017 s. 9(2), amended by No. 32/2019 s. 7(2). (7) Within 28 days after the application is lodged with the Rehabilitation Authority under subsection (4A), or any longer period allowed by the Minister, the Rehabilitation Authority— (a) must give comments to the Minister on the following if affected by the proposed variation— (i) the rehabilitation plan included in the work plan; (ii) the community engagement plan included in the work plan in respect of rehabilitation; S. 41(7)(a)(iii) amended by No. 32/2019 s. 7(3). (iii) in respect of the work plan, the identification of mining hazards on declared mine land in relation to the ending of mining and the rehabilitation of that land; S. 41(7)(a)(iv) amended by No. 32/2019 s. 7(3). (iv) in respect of the work plan, the identification and assessment of risk on declared mine land in relation to the ending of mining and the rehabilitation of that land; S. 41(7)(a)(v) amended by No. 32/2019 s. 7(3). (v) in respect of the work plan, the risk management plan for declared mine land in relation to the ending of mining and the rehabilitation of that land; and (b) may recommend changes to be made to the proposed variation before it is approved or conditions to which an approval should be made subject. S. 41AAA inserted by No. 23/2023 s. 8. 41AAA Minor variation of approved work plan (1) Subject to subsection (2), the holder of a licence may vary an approved work plan without lodging an application for approval of the proposed variation under section 41(1) if— (a) the holder gives the Department Head notice of the proposed variation; and (b) the Department Head determines under subsection (3) that the proposed variation is a minor variation. (2) Subsection (1) does not apply to the holder of a mining licence or prospecting licence if any part of the land relating to the proposed variation of the work plan is Crown land. (3) Within 28 days after receiving a notice under subsection (1)(a), the Department Head must— (a) determine whether or not the proposed variation is a minor variation; and (b) give the holder of the licence written notice of that determination and the reasons for it. (4) If the Department Head determines that a proposed variation is a minor variation, the proposed variation is taken to come into effect either— (5) If the Department Head does not comply with subsection (3) within the prescribed period after receiving the notice under subsection (1)(a), the Department Head is taken to have determined that the proposed variation is not a minor variation. ***minor variation***, in relation to an approved work plan, means a variation to any part of that approved work plan that— (a) does not significantly increase the risk that the work set out in the approved work plan poses— (b) is not a specified variation. S. 41AA (Heading) substituted by No. 23/2023 s. 9(1). S. 41AA inserted by No. 82/2000 s. 38, amended by No. 63/2006 s. 28, substituted by No. 10/2014 s. 18. 41AA Department Head may direct holder to give notice of or lodge application for variation of work plan (1) The Department Head may, on his or her own initiative, determine that an approved work plan be varied. (2) On making a determination, the Department Head must give the licensee written notice of the proposed variation, and the reasons for it, and give the licensee an opportunity to comment on the proposal. S. 41AA(3) substituted by No. 23/2023 s. 9(2). (3) After considering any comments made by the licensee, the Department Head may direct the licensee— (a) if the variation is a minor variation, to give notice of the variation under section 41AAA(1)(a); or (b) in any other case, to lodge an application for approval of the variation. S. 41AA(4) inserted by No. 23/2023 s. 9(2). ***minor variation*** has the same meaning as in section 41AAA. S. 41AAB inserted by No. 10/2014 s. 18. 41AAB Approval of variation of work plan S. 41AAB(1) amended by No. 2/2026 s. 32(1)(a)(b). (1) On application by the holder or former holder of a licence under section 41(1) or (1A) or 41AE for approval of the variation of a work plan, the Department Head must— (a) approve the variation with or without conditions; or S. 41AAB (1)(b) amended by No. 2/2026 s. 32(1)(c). (b) require the changes specified in a notice to the holder or former holder of the licence to be made before the variation will be approved; or (c) refuse to approve the variation. (2) The Department Head must approve, require changes, or refuse to approve a variation under subsection (1), within 28 days after the last of any of the following events that are applicable occurs— S. 41AAB (2)(a) amended by No. 2/2026 s. 32(2). (a) the holder or former holder of the licence notifying the Department Head that all required planning approvals have been granted; (b) the Minister administering the **Environment Effects Act 1978** submitting an assessment to the Minister under section 42(7) or section 42A; (c) the granting or refusal of any application under section 26B relating to the licence; (d) the Minister notifying the Department Head that he or she has considered any comments received under section 41A(2); (e) the Crown land Minister giving the Minister comments under section 41(6); S. 41AAB(2)(ea) inserted by No. 22/2017 s. 10, amended by No. 32/2019 s. 8. (ea) the Rehabilitation Authority giving the Minister comments under section 41(7); (f) the lodging of the application for approval. (3) Once the Department Head has decided to approve a variation, the approved work plan for the licence is the work plan as amended by that variation. (4) If the Minister administering the **Environment Effects Act 1978** submits an assessment under section 42(7) or 42A, the Department Head must give a copy of the proposed variation to that Minister at least 10 days before approving the variation. (5) The Department Head must— S. 41AAB (5)(a) amended by No. 2/2026 s. 32(3)(a). (a) notify the holder or former holder of the licence of the Department Head's decision on the application; and S. 41AAB (5)(b) amended by No. 2/2026 s. 32(3)(b). (b) give the holder or former holder of the licence a statement of reasons for the decision. S. 41A inserted by No. 86/1993 s. 21. 41A Minister may require impact statement S. 41A(1) amended by Nos 76/1998 s. 31(d), 82/2000 s. 39(a), substituted by No. 63/2006 s. 29(1). (1) If the Minister is of the opinion that the proposed exploration work under a work plan or an application to vary an approved work plan lodged with the Department Head by a licensee will have a material impact on the environment, he or she may, in writing, require the licensee to submit a statement, in the form specified by the Minister, assessing the impact of the proposed work on the environment. S. 41A(2) substituted by No. 63/2006 s. 29(2). (2) The Minister must, on receipt of the statement, forward a copy to— (a) the Minister administering the **Planning and Environment Act 1987**; and (b) if the proposed work relates to Crown land, the Crown land Minister— and request comments on it by the date specified by the Minister. S. 41A(3) amended by No. 82/2000 s. 39(b). (3) The Minister must consider any comments received under subsection (2) by the specified date. S. 41A(4) inserted by No. 63/2006 s. 29(3). (4) The Minister may seek public comments on the statement by a specified date and must consider any comments received by that date. S. 41AB inserted by No. 57/2009 s. 27. 41AB Reporting requirements for declared mines A holder of a licence in respect of a declared mine must provide a report containing the prescribed particulars to the Department Head in accordance with the regulations. S. 41AC (Heading) amended by Nos 64/2012 s. 31(1), 2/2026 s. 6(1). S. 41AC inserted by No. 57/2009 s. 27. 41AC Chief Inspector to be notified of reportable events in relation to exploration, mining or rehabilitation S. 41AC(1) amended by Nos 64/2012 s. 31(2), 2/2026 s. 6(2). (1) The holder or former holder of a licence or a called-back person in relation to a licence must report to the Chief Inspector in accordance with the regulations a reportable event as soon as practicable after the reportable event occurs. S. 41AC(2) amended by No. 64/2012 s. 31(3), substituted by No. 2/2026 s. 6(3). ***reportable event*** means an event arising out of exploration, mining or rehabilitation prescribed as a reportable event for the purposes of this section. S. 41AD (Heading) amended by No. 68/2014 s. 42. S. 41AD inserted by No. 57/2009 s. 27. 41AD Licensee to submit area work plan schedule (1) A licensee who has lodged an area work plan must not carry out any work on the land to which the area work plan relates unless the licensee has submitted to the Department Head, not less than 21 days before carrying out that work, an area work plan schedule containing the prescribed information in relation to that work plan. (2) If an approved cultural heritage management plan (within the meaning of the **Aboriginal Heritage Act 2006**) is required under that Act or regulations made under that Act in respect of work on land to which an area work plan relates, an area work plan schedule is taken not to have been submitted under subsection (1) unless the area work plan schedule is accompanied by a copy of the approved cultural heritage management plan. (3) An area work plan schedule that is required to be submitted with a copy of an approved cultural heritage management plan under subsection (2) must be consistent with the approved cultural heritage management plan. (4) In this section, ***area work plan*** means a work plan that has been— S. 41AD(4)(a) repealed by No. 10/2014 s. 19. (b) approved under section 40. S. 41AE inserted by No. 57/2009 s. 27. 41AE Variation application must be made if mine is declared (1) If the Minister declares by Order under section 7C that a specified mine is a declared mine, the licensee in respect of the declared mine, within 60 days after the declaration, must make an application to vary the approved work plan in respect of the declared mine. (2) The application must contain the prescribed mine stability requirements and processes. S. 41AE(3) amended by No. 10/2014 s. 20. (3) Section 41(2) to (6) apply to an application lodged under this section. S. 42 (Heading) inserted by No. 59/2010 s. 24(1).