Part 15Programs for environment protection and rehabilitation

Part 15—Programs for environment protection and rehabilitation 63—Preparation of program (1) For the purposes of section 70B(2)(d) of the Act, a program under Part 10A of the Act must, in addition to the requirements set out in that section— (a) if the program relates to operations to be carried out under an exploration licence, a mineral claim or a mineral tenement determined by the Minister in a particular case— (i) include a description of the features of the environment that are expected to be affected by the proposed authorised operations; and (ii) include a description of the environmental impacts that may reasonably be expected to occur; and (b) set out the strategies that the tenement holder and any other person who may be acting on behalf of the tenement holder proposes to adopt to achieve the environmental outcomes under section 70B(2)(b) of the Act; and (c) set out a statement of the criteria to be adopted to measure the environmental and completion outcomes specified in the program, including details about— (i) what is to be measured and the form of the measurements that are to be used; and (ii) the locations where relevant measurements are to be taken, or how such locations are to be determined; and (iii) what is proposed to be taken to constitute the achievement of the relevant outcomes (with consideration being given to any inherent errors of measurement); and (iv) the frequency of any measurement or monitoring; and (v) any background or control data that is to be used, or how any such data is to be acquired; and (d) without limiting paragraph (c), to the extent (if any) that there is a high level of reliance on control strategies to reduce risk to the environment—set out leading indicator criteria; and (2) Subregulations (1)(c)(iv) and (1)(d) do not apply in relation to a mineral claim or an exploration licence. (3) Any information or material provided for the purposes of a program under section 70B of the Act must— (b) state any limitations that apply, or should apply, to the use of information; and (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. (4) Without limiting subregulation (3), the criteria provided for the purposes of subregulation (1)(c) and (d) must, insofar as is reasonably practicable and appropriate, be expressed in quantitative terms (rather than qualitative terms). 64—Engagement on preparation and review of program (1) For the purposes of section 70B(2)(d) and (e) of the Act, a program under Part 10A of the Act must, in addition to the requirements set out in that section and these regulations, include information on all consultation undertaken in connection with the preparation of the program that must at least set out the following: (c) the steps (if any) taken or proposed to be taken by the tenement holder to address those concerns. (2) For the purposes of section 70C(3)(a) of the Act, a tenement holder conducting a review of a program under Part 10A of the Act must include, in any revised program, information on all consultation undertaken in connection with the review 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. 65—Adoption of program (1) For the purposes of section 70B(8) of the Act, any program determined by the Minister and published in the Gazette in connection with the operation of this regulation is adopted. (2) For the purposes of section 70B(8) of the Act, the following classes of authorised operations are prescribed: (a) operations carried out within the area of a mineral claim; (b) operations under an exploration licence; (c) operations under a mining lease; (d) operations under a retention lease; (e) operations under a miscellaneous purposes licence. 66—Review of program (1) For the purposes of section 70C(3)(c) and (4) of the Act, a review must be completed and furnished to the Minister within 3 months after a direction of the Minister to review the program, or within such longer period approved by the Minister. (2) In determining whether or not to approve a revised program under section 70C of the Act and, if so, any change to the terms and conditions applying in relation to a program, the Minister must have regard to any submissions or response received under section 70D(2) or (3) of the Act. (3) For the purposes of section 70C(4a) of the Act, if a revised program has been submitted to the Minister for the purposes of section 70C(2)(a) of the Act, the Minister may determine that a lower prescribed fee is payable on submission of that revised program. (4) For the purposes of section 70C(4a) of the Act, if a revised program has been submitted under section 70C of the Act merely because minor administrative revisions have been made to the program, the Minister may determine that a lower prescribed fee is payable on submission of that revised program.