Part 12Change in operations

Part 12—Change in operations 55—Proposal to accompany application (1) For the purposes of section 56R(1)(b)(i) of the Act, a proposal must— (a) specify the change that is being proposed taking into account the changes referred to in section 56Q(3) of the Act; and (b) set out any changes that would apply (if the application for the change were to be approved) in relation to— (i) the environmental impacts of the authorised operations carried out under the relevant tenement; and (ii) the measures that are used, or to be used, to manage, limit or remedy those impacts; and (iii) the environmental outcomes that are expected to occur; and (iv) the criteria that have been adopted to measure the environmental outcomes associated with the relevant tenement; and (c) be accompanied by a statement that demonstrates— (i) 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 (ii) that appropriate environmental outcomes will be able to be achieved; and (iii) that the change will not adversely affect the ability of the tenement holder to comply with the other requirements of the Act. (2) A proposal must also, in relation to any proposed change to the criteria adopted to measure a particular outcome, include details about any change to— (a) what is to be measured and the form of the measurements that are to be used; and (b) what is proposed to be taken to constitute the achievement of the relevant outcome; and (c) the locations where the relevant measurements are to be taken, or how such locations are to be determined; and (d) the frequency of any measurement or monitoring; and (e) any background or control data that is to be used, or how any such data is to be acquired. (3) In addition, a proposal must take into account any scoping report accepted by the Minister under Part 10. (4) Any information or material provided for the purposes of a proposal must— (c) identify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and (d) so far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and (e) be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided. 56—Information on engagement on application for approval for change in operations (1) For the purposes of section 56R(1)(b)(ii) of the Act, an application for the approval of the Minister under Part 8B Division 7 of the Act must set out information on the results of consultation undertaken by the tenement holder in relation to a proposal which must at least set out the following: (c) the steps (if any) taken or proposed to be taken by the applicant to address those concerns. (2) The consultation must at least comply with the following requirements: (a) there should be a focus on engagement about any changes to the environmental impacts or outcomes that are expected to occur in connection with the proposed changes to authorised operations to be carried out under the tenement; (b) reasonable steps should be taken to consult with the owner of land where the authorised operations are carried out. 57—Consultation by Minister For the purposes of section 56S(b) of the Act, the Minister is required to undertake consultation under Part 8B Division 2 of the Act if— (a) there is an additional or different impact to the environment as a result of a proposed change to the operations to be carried out under the tenement; and (b) the impact is significant. 58—Notice of variation of terms or conditions (1) The Minister must, before determining to vary the terms or conditions of a mineral tenement under section 56U of the Act, notify the applicant of the proposed variation and give the applicant at least 28 days, or such longer period as the Minister may allow, to make submissions on the variation before the Minister finalises it (although the applicant may indicate that a shorter period of time is sufficient for the purposes of this regulation). (2) For the purposes of this regulation, a reference to a variation of terms or conditions of a mineral tenement includes a reference to adding or revoking 1 or more terms or conditions. 59—Notice of decision For the purposes of section 56V(2) of the Act, a notice to an applicant must be given in accordance with regulation 88.