Part 13Mining

Part 13—Mining 109—Mining production tenements (1) Pursuant to section 160(2) of the Act, the appropriate Authority must refer an application for a mining production tenement to the Minister for advice if the land to be comprised in the tenement is situated in— (a) those parts of the State described in Schedule 14, other than in a regional reserve under the National Parks and Wildlife Act 1972; or (b) an area of a council not described in Schedule 14 and the council, after consultation with the appropriate Authority, objects to the granting of the tenement within a period of 30 business days from the date on which the council receives notice of the application. (2) For the purposes of section 160(2) of the Act, the appropriate Authority must refer a proposed statement of environmental objectives under the Petroleum and Geothermal Energy Act 2000 to the Minister for advice if an area to which the statement of environmental objectives would apply is within a part of the State described in Schedule 14, other than in a regional reserve under the National Parks and Wildlife Act 1972. (3) However, in a case arising under the Petroleum and Geothermal Energy Act 2000, subregulations (1) and (2) operate subject to the following qualifications: (a) the appropriate Authority may determine not to refer an application for a mining production tenement to the Minister under subregulation (1)(a) if a proposed statement of environmental objectives that covers the activities to be undertaken under the tenement has already been, or is to be, referred to the Minister under this regulation; (b) the appropriate Authority may determine not to provide an application for a mining production tenement to a council for the purposes of subregulation (1)(b) and accordingly not to refer such an application to the Minister under that subregulation if a proposed statement of environmental objectives that covers the activities to be undertaken under the tenement has already been, or is to be, referred to the council by the appropriate Authority for consultation purposes; (c) the appropriate Authority may determine not to refer a proposed statement of environmental objectives to the Minister under subregulation (2) if any mining production tenement that is to be covered by the statement of environmental objectives has already been, or is to be, referred to the Minister under this regulation. (4) For the purposes of section 160(5) of the Act, a report of the Commission is prescribed. (5) For the purposes of section 161(5) of the Act, the Building Rules apply to building work if the building is intended to provide— (a) housing or other forms of shelter; or (b) office accommodation; or (c) work areas or other amenities which are not directly involved in the performance of operations carried on in pursuance of any of the Mining Acts or the Hydrogen and Renewable Energy Act 2023. (6) If the Building Rules apply to building work under subregulation (5), the building work must not be undertaken unless it has been granted a building consent by the council or an appropriate accredited professional.