Part 9Miscellaneous purposes licences

Part 9—Miscellaneous purposes licences 36—Size For the purposes of section 47(2) of the Act, the maximum permissible area of a miscellaneous purposes licence is— (a) 250 hectares; or (b) an amount (greater than 250 hectares) determined by the Minister in a particular case. 37—Additional information in connection with application for licence For the purposes of section 49(1)(d) of the Act, the following information is prescribed: (a) a statement of the technical, operational and financial capabilities and resources available to the applicant for the purpose of carrying out operations under the miscellaneous purposes licence; (b) a statement that demonstrates that appropriate environmental outcomes will be able to be achieved; (c) a statement by the applicant or a related body corporate 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; 38—Additional information in connection with infrastructure (1) Subject to subregulation (2), this regulation applies if an application for a miscellaneous purposes licence proposes that infrastructure, or additional infrastructure, be constructed or installed on the land in respect of which the licence is being sought and the infrastructure is of a kind that is capable of being shared with other persons. (2) This regulation does not apply in relation to infrastructure excluded from the operation of the regulation by the Minister. (3) For the purposes of section 49(1)(d) of the Act, the following information is prescribed in relation to any infrastructure referred to in subregulation (1): (a) a description of any similar infrastructure that exists in the region where the land is located; (b) either— (i) if infrastructure is identified under paragraph (a)—a statement as to why that infrastructure cannot be used for any relevant ancillary operations; or (ii) if infrastructure is not identified under paragraph (a)—a statement demonstrating the benefit (if any) that the infrastructure proposed to be constructed or installed under the miscellaneous purposes licence would provide to the region where the land is located, and outlining any proposal to share that infrastructure with any other person. (4) Any information provided under subregulation (3) 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. 39—Notice of terms and conditions The Minister must, before determining to grant a miscellaneous purposes licence, notify the applicant of the proposed terms and conditions of the licence and give the applicant at least 28 days, or such longer period as the Minister may allow, to make submissions on those terms and conditions before the Minister finalises them (although the applicant may indicate that a shorter period of time is sufficient for the purposes of this regulation). 40—Renewal of miscellaneous purposes licence (1) For the purposes of section 51(3)(b) of the Act, the following information is prescribed: (b) a statement outlining the reasons why the miscellaneous purposes licence should be renewed; (c) a statement of the technical, operational and financial capabilities and resources available to the applicant for the purposes of carrying out operations under the renewed licence; (d) a statement by the applicant or a related body corporate 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; (2) 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. 41—Notice of decision The Minister must give an applicant for a miscellaneous purposes licence, or for the renewal of a miscellaneous purposes licence, notice of the outcome of the application.