South Australian Current Regulations

MINING REGULATIONS 2020 - REG 46

46—Information relating to environmental impact assessment—initial application for tenement

        (1)         This regulation applies to—

            (a)         a mining proposal under section 36(1)(c) of the Act; or

            (b)         a retention proposal under section 44(1)(c) of the Act; or

            (c)         a proposal accompanying an application for a miscellaneous purposes licence under section 49(1)(c) of the Act.

        (2)         An assessment of environmental impacts of any proposed operations in a proposal may be limited to those aspects of the environment that may reasonably be expected to be affected by the relevant authorised operations.

        (3)         An assessment of environmental impacts of any proposed operations and an outline of the measures that the applicant proposes to take to manage, limit or remedy those impacts must include a description of the anticipated impacts after the relevant measures have been taken.

        (4)         A statement of the environmental outcomes that are expected to occur must include a set of completion outcomes assessed on a long term basis.

        (5)         For the purposes of sections 36(1)(c)(iii), 44(1)(c)(iii) and 49(1)(c)(iii) of the Act, the criteria to be adopted to measure the environmental outcomes that are set out in a proposal must include details about—

            (a)         what is to be measured and the form of the measurements that are to be used; and

            (b)         the locations where the relevant measurements are to be taken, or how such locations are to be determined; and

            (c)         what is proposed to be taken to constitute the achievement of the relevant outcomes (with consideration being given to any inherent errors of measurement); and

            (d)         the frequency of any measurement or monitoring; and

            (e)         any background or control data that is to be used, or how any such data is to be acquired.

        (6)         In addition—

            (a)         an assessment under subregulation (2) or (3); and

            (b)         a statement of the environmental outcomes under subregulation (4); and

            (c)         any criteria to be adopted under subregulation (5),

must take into account any scoping report accepted by the Minister under Part 10.

        (7)         Any information or material provided for the purposes of a proposal must—

            (a)         be balanced, objective and concise; and

            (b)         state any limitations that apply, or should apply, to the use of information; and

            (c)         identify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and

            (d)         so far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and

            (e)         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.

        (8)         Without limiting subregulation (7), any criteria referred to in subregulation (5) must, insofar as is reasonably practicable and appropriate, be expressed in quantitative terms (rather than qualitative terms).