North Stradbroke Island Protection and Sustainability Act 2011
sec.19Minister to decide application
Start here
Get a plain-English read of sec.19
Turn the raw legal text into a practical explanation grounded in North Stradbroke Island Protection and Sustainability Act 2011.
sec.19 Minister to decide application
The Minister must, within 20 business days after receiving an application under section 18 (1) , decide to grant or refuse the application. The Minister may amend the restricted mine path map area to add an area of land only if— the land proposed to be added is not, or does not include, a threatened ecosystem; and the Minister is satisfied that, compared to any adverse impact of the restricted mine path map area before the addition of the land, the amended area is not likely to have a significantly greater adverse impact on— Aboriginal cultural heritage; or a threatened ecosystem; and the addition of the land will not result in the total area of the restricted mine path for an Enterprise Mine lease, or the total area of the limit of disturbance, being increased in size; and the addition of the land is consistent with the conditions applying under environmental authority EPML00575913; and there is an ILUA in relation to the land between— the holder of the Enterprise Mine lease; and a registered native title body corporate for the land. In this section— Aboriginal cultural heritage see the Aboriginal Cultural Heritage Act 2003 , section 8 . ILUA means an indigenous land use agreement for which an application for registration, on the Register of Indigenous Land Use Agreements, has been made under the Native Title Act 1993 (Cwlth) . s 19 prev s 19 om 2013 No. 63 s 12 pres s 19 ins 2016 No. 32 s 13 (sec.19-ssec.1) The Minister must, within 20 business days after receiving an application under section 18 (1) , decide to grant or refuse the application. (sec.19-ssec.2) The Minister may amend the restricted mine path map area to add an area of land only if— the land proposed to be added is not, or does not include, a threatened ecosystem; and the Minister is satisfied that, compared to any adverse impact of the restricted mine path map area before the addition of the land, the amended area is not likely to have a significantly greater adverse impact on— Aboriginal cultural heritage; or a threatened ecosystem; and the addition of the land will not result in the total area of the restricted mine path for an Enterprise Mine lease, or the total area of the limit of disturbance, being increased in size; and the addition of the land is consistent with the conditions applying under environmental authority EPML00575913; and there is an ILUA in relation to the land between— the holder of the Enterprise Mine lease; and a registered native title body corporate for the land. (sec.19-ssec.3) In this section— Aboriginal cultural heritage see the Aboriginal Cultural Heritage Act 2003 , section 8 . ILUA means an indigenous land use agreement for which an application for registration, on the Register of Indigenous Land Use Agreements, has been made under the Native Title Act 1993 (Cwlth) .
- (a) the land proposed to be added is not, or does not include, a threatened ecosystem; and