sec.401Application to amend

### sec.401 Application to amend A resource tenure holder may apply in writing to the chief executive for an amendment of the holder’s approved baseline assessment plan for the area of the resource tenure. If— a resource tenure holder who is the holder of a mining tenure becomes aware of a material change to the holder’s program for carrying out activities for the mining tenure that may cause the holder’s baseline assessment timetable in the baseline assessment plan not to comply with section 398 ; or a resource tenure holder who is a petroleum tenure holder becomes aware of a material change to the holder’s program for production testing or production of petroleum that may cause the holder’s baseline assessment timetable in the baseline assessment plan not to comply with section 398 ; the resource tenure holder must apply to the chief executive for an amendment of the plan. Maximum penalty—50 penalty units. The resource tenure holder must also apply to the chief executive for an amendment of the plan if— for an area excluded from a baseline assessment plan under section 397 (5) (a) —there is a material change in the holder’s program for production testing; or for an area excluded from a baseline assessment plan under section 397 (5) (b) —the holder becomes aware a relevant aquifer is being, or is likely to be, affected by the exercise of the holder’s underground water rights by more than the bore trigger threshold for the aquifer. Maximum penalty—50 penalty units. The application must state the reasons for the application and be accompanied by the fee prescribed by regulation. The chief executive may— approve the amendment, with or without conditions; or ask the holder to amend the application and submit the amended application within a reasonable period. The chief executive must give notice of the decision to the resource tenure holder within 10 business days after making the decision. If the chief executive approves the application, the amendment takes effect on the day stated in the notice. s 401 prev s 401 ins 2006 No. 59 s 82 om 2008 No. 34 s 714 pres s 401 ins 2010 No. 53 s 195 amd 2014 No. 64 s 105 (sec.401-ssec.1) A resource tenure holder may apply in writing to the chief executive for an amendment of the holder’s approved baseline assessment plan for the area of the resource tenure. (sec.401-ssec.2) If— a resource tenure holder who is the holder of a mining tenure becomes aware of a material change to the holder’s program for carrying out activities for the mining tenure that may cause the holder’s baseline assessment timetable in the baseline assessment plan not to comply with section 398 ; or a resource tenure holder who is a petroleum tenure holder becomes aware of a material change to the holder’s program for production testing or production of petroleum that may cause the holder’s baseline assessment timetable in the baseline assessment plan not to comply with section 398 ; the resource tenure holder must apply to the chief executive for an amendment of the plan. Maximum penalty—50 penalty units. (sec.401-ssec.2A) The resource tenure holder must also apply to the chief executive for an amendment of the plan if— for an area excluded from a baseline assessment plan under section 397 (5) (a) —there is a material change in the holder’s program for production testing; or for an area excluded from a baseline assessment plan under section 397 (5) (b) —the holder becomes aware a relevant aquifer is being, or is likely to be, affected by the exercise of the holder’s underground water rights by more than the bore trigger threshold for the aquifer. Maximum penalty—50 penalty units. (sec.401-ssec.3) The application must state the reasons for the application and be accompanied by the fee prescribed by regulation. (sec.401-ssec.4) The chief executive may— approve the amendment, with or without conditions; or ask the holder to amend the application and submit the amended application within a reasonable period. (sec.401-ssec.5) The chief executive must give notice of the decision to the resource tenure holder within 10 business days after making the decision. (sec.401-ssec.6) If the chief executive approves the application, the amendment takes effect on the day stated in the notice. - (a) a resource tenure holder who is the holder of a mining tenure becomes aware of a material change to the holder’s program for carrying out activities for the mining tenure that may cause the holder’s baseline assessment timetable in the baseline assessment plan not to comply with section 398 ; or - (b) a resource tenure holder who is a petroleum tenure holder becomes aware of a material change to the holder’s program for production testing or production of petroleum that may cause the holder’s baseline assessment timetable in the baseline assessment plan not to comply with section 398 ; - (a) for an area excluded from a baseline assessment plan under section 397 (5) (a) —there is a material change in the holder’s program for production testing; or - (b) for an area excluded from a baseline assessment plan under section 397 (5) (b) —the holder becomes aware a relevant aquifer is being, or is likely to be, affected by the exercise of the holder’s underground water rights by more than the bore trigger threshold for the aquifer. - (a) approve the amendment, with or without conditions; or - (b) ask the holder to amend the application and submit the amended application within a reasonable period.