sec.1250AApplication of division

### sec.1250A Application of division This division applies in relation to a mining tenure if, before the commencement— either— an environmental authority was granted in relation to the mining tenure; or an application for an environmental authority, or for an amendment of an environmental authority, in relation to the mining tenure was made but not decided; or if an environmental authority in relation to the mining tenure had not been granted or applied for—there is a notified coordinated project in relation to the tenure; and the entity who is or will be the holder of the mining tenure did not hold, but would have been required to hold, a water licence or water permit to take or interfere with underground water in the area of the tenure if the taking or interference were to have happened during the course of, or as a result of, the carrying out of authorised activities for the tenure. This division applies whether the mining tenure was granted before or after the commencement. In this section— notified coordinated project means a coordinated project under the State Development and Public Works Organisation Act 1971 for which— an environmental impact statement is required; and the Coordinator-General has publicly notified under section 29 of that Act that an EIS is required for the project; and either— the Coordinator-General has publicly notified under that section that comments on the draft terms of reference are invited; or if the Coordinator-General has not publicly notified that comments on the draft terms of reference are invited—the terms of reference are finalised under section 30 (3) of that Act. s 1250A ins 2014 No. 64 s 201 (amd 2016 No. 61 s 36 (2) ) (sec.1250A-ssec.1) This division applies in relation to a mining tenure if, before the commencement— either— an environmental authority was granted in relation to the mining tenure; or an application for an environmental authority, or for an amendment of an environmental authority, in relation to the mining tenure was made but not decided; or if an environmental authority in relation to the mining tenure had not been granted or applied for—there is a notified coordinated project in relation to the tenure; and the entity who is or will be the holder of the mining tenure did not hold, but would have been required to hold, a water licence or water permit to take or interfere with underground water in the area of the tenure if the taking or interference were to have happened during the course of, or as a result of, the carrying out of authorised activities for the tenure. (sec.1250A-ssec.2) This division applies whether the mining tenure was granted before or after the commencement. (sec.1250A-ssec.3) In this section— notified coordinated project means a coordinated project under the State Development and Public Works Organisation Act 1971 for which— an environmental impact statement is required; and the Coordinator-General has publicly notified under section 29 of that Act that an EIS is required for the project; and either— the Coordinator-General has publicly notified under that section that comments on the draft terms of reference are invited; or if the Coordinator-General has not publicly notified that comments on the draft terms of reference are invited—the terms of reference are finalised under section 30 (3) of that Act. - (a) either— (i) an environmental authority was granted in relation to the mining tenure; or (ii) an application for an environmental authority, or for an amendment of an environmental authority, in relation to the mining tenure was made but not decided; or (iii) if an environmental authority in relation to the mining tenure had not been granted or applied for—there is a notified coordinated project in relation to the tenure; and - (i) an environmental authority was granted in relation to the mining tenure; or - (ii) an application for an environmental authority, or for an amendment of an environmental authority, in relation to the mining tenure was made but not decided; or - (iii) if an environmental authority in relation to the mining tenure had not been granted or applied for—there is a notified coordinated project in relation to the tenure; and - (b) the entity who is or will be the holder of the mining tenure did not hold, but would have been required to hold, a water licence or water permit to take or interfere with underground water in the area of the tenure if the taking or interference were to have happened during the course of, or as a result of, the carrying out of authorised activities for the tenure. - (i) an environmental authority was granted in relation to the mining tenure; or - (ii) an application for an environmental authority, or for an amendment of an environmental authority, in relation to the mining tenure was made but not decided; or - (iii) if an environmental authority in relation to the mining tenure had not been granted or applied for—there is a notified coordinated project in relation to the tenure; and - (a) an environmental impact statement is required; and - (b) the Coordinator-General has publicly notified under section 29 of that Act that an EIS is required for the project; and - (c) either— (i) the Coordinator-General has publicly notified under that section that comments on the draft terms of reference are invited; or (ii) if the Coordinator-General has not publicly notified that comments on the draft terms of reference are invited—the terms of reference are finalised under section 30 (3) of that Act. - (i) the Coordinator-General has publicly notified under that section that comments on the draft terms of reference are invited; or - (ii) if the Coordinator-General has not publicly notified that comments on the draft terms of reference are invited—the terms of reference are finalised under section 30 (3) of that Act. - (i) the Coordinator-General has publicly notified under that section that comments on the draft terms of reference are invited; or - (ii) if the Coordinator-General has not publicly notified that comments on the draft terms of reference are invited—the terms of reference are finalised under section 30 (3) of that Act.