64PPrescribed process—consultation by the Minister on an application for closure determination

64P Prescribed process—consultation by the Minister on an application for closure determination

(1) For the purposes of section 84AZZ(1)(d) of the Act, the prescribed process is the process set out in this regulation.

(2) The Minister must, within 28 days after receiving an application made under section 84AZY of the Act, give notice and a copy of the application to the following—

(a) if the declared mine rehabilitation plan is the subject of an Environment Effects Statement prepared under the Environment Effects Act 1978, the Minister responsible for administering the Environment Effects Act 1978;

(b) the Environment Protection Authority;

(c) the responsible authorities for the area in which the declared mine land subject to the declared mine rehabilitation plan is located under section 13 of the Planning and Environment Act 1987;

(d) any other referral authority under section 77TA of the Act or public sector body under section 84AA of the Act responsible for authorisation or oversight of matters in the application that the Minister considers should be consulted on the application;

(e) any traditional owner group or traditional owner group entity, within the meaning of the Traditional Owner Settlement Act 2010, in the area in which the declared mine land subject to the application is located;

(f) if the declared mine land is private land, the owner and occupier of the declared mine land affected by the declared mine rehabilitation plan;

(g) any other person that the Minister considers appropriate.

(3) The Minister may provide any accompanying documents in addition to the copy of the application to the persons specified in subregulation (2).

(4) Persons specified in subregulation (2) may provide comments in response to the application for closure determination within 90 days after the date on which a copy of the application for closure determination is provided by the Minister.

(5) The Minister may extend the period by which comments may be made under subregulation (4).

(6) The Minister may request the persons notified under subregulation (2) to provide information relevant to determining the application as the Minister considers appropriate.

(7) The Minister must consider any comments or information provided under subregulation (4) or (6).

Section 84AZZ(1)(b) of the Act requires the Minister to consult with specified Ministers and section 84AZZ(2) of the Act requires the Minister to provide a copy of an application for closure determination and any accompanying documents to the Rehabilitation Authority and each Minister referred to in section 84AZZ(1)(b) of the Act.