64MPrescribed process—consideration of variation of declared mine rehabilitation plan by Department Head

64M Prescribed process—consideration of variation of declared mine rehabilitation plan by Department Head

For the purposes of section 84AZW(2)(c) of the Act, the prescribed process is—

(a) the Department Head must, within 28 days of receiving a declared mine rehabilitation plan, consult the following persons on the plan—

(i) the Environment Protection Authority;

(ii) the responsible authority, within the meaning given by section 13 of the Planning and Environment Act 1987, for the declared mine land covered by the plan;

(iii) in the case of a plan that is subject to an Environment Effects Statement, the Minister responsible for administering the Environment Effects Act 1978;

(iv) any public sector body that performs functions relevant to the plan;

(v) any public sector body that is responsible for the authorisation or oversight of matters in the plan;

(vi) any referral authority, within the meaning of section 77TA of the Act, that performs functions relevant to the plan; and

(b) a person referred to in paragraph (a) may provide comments on the declared mine rehabilitation plan to the Department Head within 90 days after being consulted on the plan; and

(c) the Department Head must consider any comments received in accordance with paragraph (b); and

(d) the Department Head may, within 120 days after receiving a declared mine rehabilitation plan, give the declared mine licensee a written notice requiring the licensee—

(i) to provide specified information relating to any matter under this Part that is necessary to enable the plan to be properly considered; and

(ii) to provide that specified information within a specified time; and

(e) the Department Head may extend the specified time within which a declared mine licensee must comply with a notice given under paragraph (d).

Pt 5A (Headings and regs 64N–64Q) inserted by S.R. No. 97/2022 reg. 13.