Part 17Special mining enterprises

Part 17—Special mining enterprises 68—Concept phase (1) For the purposes of section 56BA(3)(a) of the Act, the following information is prescribed: (a) information demonstrating that the enterprise is of major significance to the economy of the State; (b) a statement outlining the principal mineral or minerals that the proponent is seeking to recover by undertaking the special mining enterprise and a general description of the operations that would be carried out for the purposes of the mining enterprise; (c) maps and plans relating to the place where the mining enterprise is proposed to be undertaken; (d) an outline of the environmental impacts of the mining enterprise and of steps proposed to be undertaken to address or manage those impacts; (e) if so determined by the Minister in a particular case, a description of the impacts on people and communities that may reasonably be expected to occur as a result of the mining enterprise and the measures that are to be used to manage, limit or remedy those impacts (in the case of negative impacts), or to facilitate or ensure those impacts (in the case of positive impacts); (f) a statement of the technical, operational and financial capabilities and resources available to the proponent for the purpose of undertaking the mining enterprise; (g) a statement by the applicant outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in— (iv) the issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment; (h) a statement identifying any exemptions or modifications with respect to the provisions of the Act that the proponent has under consideration in connection with the operation of section 56C of the Act; (i) such other information as may be determined by the Minister for the purposes of this regulation. (2) Subregulation (1)(e) does not limit or derogate from any assessment of social impact that must be undertaken as part of assessing environmental impact under the Act or these regulations. (3) Any information provided under subregulation (1) must 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. 69—Application phase (1) For the purposes of section 56BB(1)(c) of the Act, the following information is prescribed: (a) a statement providing, addressing or outlining any additional information, requirement or action specified by the Director as part of the concept phase; (b) a statement outlining the results of any consultation undertaken in connection with the application, including information about— (i) the persons consulted; and (ii) the issues of concern raised by the persons consulted; and (iii) the steps (if any) taken or proposed to be taken by the proponent to address those concerns; (c) a draft program that— (i) sets out the environmental outcomes that are expected to occur as a result of the mining operations and related or ancillary operations or works that are proposed to be carried out under the enterprise (including after taking into account any rehabilitation proposed by the proponent and other steps to manage, limit or remedy any adverse environmental impacts); and (ii) sets out a statement of the criteria to be adopted to measure those environmental outcomes, in a form determined by the Minister; and (iii) incorporates information about the ability of the proponent to achieve the environmental outcomes set out in the program; and (iv) if it is considered to be appropriate—sets out information about outcomes relating to impacts on people and communities and the measures that are to be used to manage, limit or remedy those impacts (in the case of negative impacts), or to facilitate or ensure those impacts (in the case of positive impacts); and (v) addresses any other matter determined by the Minister; (2) Any information provided for the purposes of a draft program 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. (3) Without limiting subregulation (2), any criteria referred to in subregulation (1)(c) must, insofar as is reasonably practicable and appropriate, be expressed in quantitative terms (rather than qualitative terms). (4) Any information provided under this regulation must 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. (5) For the purposes of section 56BB(6) of the Act, notice of the approval of an applicant must be given to the applicant in accordance with regulation 88.