Part 19Private mines

Part 19—Private mines 71—Application of Act For the purposes of section 73D(3)(p) of the Act, the following sections of the Act are specified: (a) section 62, but only so that it applies in relation to authorised operations that are not operations for the recovery of extractive minerals; (b) section 79A. 72—Prescribed requirements for mine operations plans (1) This regulation sets out the prescribed requirements relating to mine operations plans for the purposes of section 73G of the Act. (2) A mine operations plan must, in addition to the requirements set out in section 73G of the Act— (a) include a statement outlining the operations to be carried out at the mine; and (b) include a description of the features of the environment that are expected to be affected by operations at the mine; and (c) include a description of the environmental impacts that may reasonably be expected to occur; and (d) set out the measures that are used, or to be used, to manage, limit or remedy those impacts; and (e) set out the environmental objectives that are expected to be achieved; and (f) set out a set of criteria proposed to be adopted to measure the environmental objectives to be achieved in relation to the mining operations to be carried out at the mine and when operations at the mine will no longer be undertaken, 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 objectives (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 (g) without limiting paragraph (f), 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 (h) include a statement of the capabilities of the person's ability to achieve the environmental objectives that are expected to occur; and (i) if so determined by the Director in a particular case, include a description of the impacts on people and communities that may reasonably be expected to occur 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 (j) include such other information as may be determined by the Director for the purposes of this regulation. (3) Any information or material provided for the purposes of a mine operations plan 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 Director, be supported by such evidence as the Director may determine, and comply with any requirement of the Director relating to the amount or detail of information that must be provided. (4) Without limiting subregulation (3), the criteria provided for the purposes of subregulations (2)(f) and (g) must, insofar as is reasonably practicable and appropriate, be expressed in quantitative terms (rather than qualitative terms). (5) Subregulation (2)(i) 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. (6) A mine operations plan must be provided in a manner and form determined by the Director. 73—Engagement on preparation and review of mine operations plan (1) For the purposes of section 73G(2)(c) of the Act, a mine operations plan 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 plan in relation to— (a) engagement about the environmental objectives that are expected to be achieved in connection with operations carried out at the private mine; and (b) if the relevant mine is located on land vested in fee simple in a person other than the proprietor of the mine—reasonable steps taken to consult with that person, that must at least set out the following: (c) the persons consulted; (d) any issues of concern raised by the persons consulted; (e) the steps (if any) taken or proposed to be taken by the person submitting the plan to address those concerns. (2) For the purposes of section 73G(16) of the Act, a person conducting a review of a mine operations plan must— (a) undertake consultation that at least complies with the following requirements: (i) engagement about the environmental objectives that are expected to be achieved in connection with the operations to be carried out under the mine operations plan being reviewed; (ii) if the relevant mine is located on land vested in fee simple in a person other than the proprietor of the mine—reasonable steps should be taken to consult with that person; and (b) include, in any revised mine operations plan, information on all consultation undertaken in connection with the review which must at least set out the following: (i) the persons consulted; (ii) the issues of concern raised by the persons consulted; (iii) the steps (if any) taken or proposed to be taken by the person conducting the review to address those concerns. 74—Consultation by Director on mine operations plans (1) For the purposes of section 73G(9) of the Act, this regulation applies in relation to a draft of the objectives and criteria for a mine operations plan that must be released for public consultation under section 73G(8) of the Act. (2) The Director must issue, in such manner as the Director thinks fit, a notice— (a) identifying the location of the mine; and (b) stating that a mine operations plan has been prepared for the mine and that the relevant objectives and criteria may be inspected at a place specified in the notice; and (c) inviting written submissions in relation to the draft objectives and criteria within a period specified in the invitation. (3) The Director must also invite written submissions (to be submitted within the period specified under subregulation (2)(c)) on the draft objectives and criteria from— (a) if the relevant mine is located on land vested in fee simple in a person other than the proprietor of the mine—that person; and (b) if the relevant mine is located within the area of a council—that council. (4) The Director must, in order to enable compliance with section 73G(10) of the Act, provide to the person who submitted the relevant draft copies of any submissions received by the Director within the relevant period applying under subregulation (2) and (3). (5) The report required for the purposes of section 73G(10) of the Act must be submitted to the Director within 20 business days after copies of any submissions are provided under subregulation (4), or within such longer period as the Director may allow. (6) A submission under subregulation (2) or (3) cannot be made on the basis that the submission (or part of the submission) will be kept confidential. 75—Review of mine operations plans (1) For the purposes of section 73G(16) of the Act, a review— (a) must be conducted taking into account the requirements of section 73G(2) of the Act (and so as to provide consistency with those requirements); and (b) must include— (i) the preparation of a report that contains the information determined by the Director; and (ii) if so required by the Director, a revised mine operations plan for the approval of the Director under section 73G of the Act. (2) For the purposes of section 73G(17) of the Act, a review must be completed and furnished to the Director— (a) in the case of a review under section 73G(14) of the Act—within 3 months after a direction of the Director to review the mine operations plan, or within such longer period approved by the Director; or (b) in the case of a review under section 73G(15) of the Act—by the end of the relevant 7 year period, or at such other time approved by the Director. 76—Registration of interests (1) For the purposes of section 15AA(2)(l) of the Act, but subject to this regulation, the interest of a proprietor of a private mine is required to be registered on the register. (2) The requirement under subregulation (1) only applies to the extent that the Mining Registrar is satisfied that the Mining Registrar has sufficient information to enable the registration to occur. (3) The Mining Registrar may, for the purpose of obtaining information about the proprietor of a private mine, by notice in writing to a designated person, require the person, within a period specified in the notice— (a) to confirm or indicate whether the person is the proprietor of the private mine; and (b) if the person is not the proprietor of the private mine, or is not the sole proprietor of the private mine—to provide such information as the Mining Registrar may require about who is, or about who else is, the proprietor of the private mine. (4) A person who is subject to a notice under subregulation (3) must comply with the requirements of the notice. (5) It is a defence to a charge for an offence under subregulation (4) for a person to prove that they took reasonable steps to comply with the requirements of the notice. (6) In this regulation— designated person, in relation to a private mine, means— (a) a person who, according to information in the possession of the Mining Registrar, is the last known proprietor of the private mine; or (b) a person who is the current owner of the land where the private mine is situated.