Div 7Change in operations

Division 7—Change in operations 56Q—Preliminary (1) This Division applies if both subsections (2) and (3) apply (subject to the operation of subsection (4)). (2) This Division applies in relation to— (3) This Division applies in relation to a proposal by the tenement holder— (a) to make a change to the authorised operations to be carried out under the tenement; or (b) without limiting paragraph (a)—to make a change— (i) in the mineral that is intended to be recovered; or (ii) that may reduce the ability of the tenement holder to achieve a particular outcome, including an environmental outcome, or that is a change to the criteria to be adopted to measure a particular outcome; or (iii) to the terms or conditions of the tenement; or (c) to make a change of any prescribed kind. (4) This Division does not apply in any circumstances prescribed by the regulations. (5) A change to which this Division applies must not be made without the approval of the Minister. 56R—Application (1) An application for the approval of the Minister under this Division— (b) must be accompanied by— (i) a proposal relating to the change being proposed by the tenement holder that complies with any requirements prescribed by the regulations; and (ii) such other information prescribed by the regulations; and (c) must be accompanied by the prescribed fee. (2) The Minister may require the applicant to furnish the Minister with any additional information specified by the Minister (and that information must be furnished within any period specified by the Minister). 56S—Consultation The Minister— (a) may undertake such consultation in relation to an application under this Division as the Minister thinks fit; and (b) must undertake consultation under Division 2 in relation to an application under this Division if required to do so by the regulations. 56T—Consideration of proposal (a) a change included in a proposal under this Division relates to extractive minerals; and (b) the relevant mineral tenement has not previously applied in relation to extractive minerals; and (c) the extractive minerals are on land granted in fee simple or land in respect of which native title conferring a right to exclusive possession of land exists, the Minister must not approve the change except with the written consent of the owner of the land. (2) Consent given by an owner of land under subsection (1) is binding on all subsequent owners of the land. (3) Subsection (1) does not apply if the purpose of the change is to vary the terms or conditions of the mineral tenement so as to make provision for the management and use of extractive minerals produced during the course of carrying out authorised operations under the tenement. (4) In addition, the Minister must not approve a change included in a proposal under this Division unless satisfied— (a) in the case of a mining lease—that the change will not adversely affect the ability of the tenement holder to ensure that land comprised in the tenement can be effectively and efficiently mined; and (b) that appropriate environmental outcomes will be able to be achieved; and (c) that the change will not adversely affect the ability of the tenement holder to comply with the other requirements of this Act. 56U—Terms and conditions (1) The Minister may, at the time of granting an approval under this Division, add, vary or revoke a term or condition of the relevant mineral tenement (to the extent that the Minister considers that the addition, variation or revocation is directly or indirectly relevant to the granting of the approval). (2) The Minister must, in acting under subsection (1), give proper consideration to— (a) any aspect of the environment that may be affected by the change in authorised operations under the tenement; and (b) any other lawful activities that may be affected by the change; and (c) any Aboriginal sites or objects within the meaning of the Aboriginal Heritage Act 1988 that may be affected by the change, and may take into consideration such other factors or matters as the Minister considers appropriate in the particular case. 56V—Registration (1) If the Minister decides to approve an application under this Division, the approval will be taken to be granted when the approval is registered on the mining register (and the approval will take effect from the date of registration). (2) The Minister must give notice of the granting of an approval under this Division in the manner prescribed by the regulations.