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MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) AMENDMENT ACT 2023 (NO. 23 OF 2023) - SECT 39

New sections 77HBA and 77HBB inserted

After section 77HB of the Principal Act insert

        " 77HBA     Minor updates to rehabilitation plan

    (1)     The holder or former holder of an extractive industry work authority who is required to rehabilitate land in accordance with a rehabilitation plan may make a minor update to the rehabilitation plan.

    (2)     The holder or former holder of the extractive industry work authority must, within the prescribed period, notify the Department Head of making any minor update to the rehabilitation plan.

    (3)     The Department Head may direct the holder or former holder of an extractive industry work authority who is required to rehabilitate land in accordance with a rehabilitation plan to make a minor update to the rehabilitation plan.

    (4)     In this section—

"minor update" means a minor or technical change to the rehabilitation plan that does not significantly increase the risk of harm to the environment, to members of the public or to land, property or infrastructure.

        77HBB     Requirement to review rehabilitation plan

    (1)     The holder or former holder of an extractive industry work authority who is required to rehabilitate land in accordance with a rehabilitation plan must review the rehabilitation plan

        (a)     within any prescribed period; or

        (b)     at any prescribed intervals; or

        (c)     if directed to do so by the Department Head under subsection (2).

    (2)     The Department Head may direct the holder or former holder of an extractive industry work authority to review a rehabilitation plan in the prescribed circumstances.

    (3)     After reviewing the rehabilitation plan under subsection (1), the holder or former holder of the extractive industry work authority must, within the prescribed period and in the prescribed manner—

        (a)     notify the Department Head of the outcome of the review; and

        (b)     provide details of any changes required to the rehabilitation plan.

    (4)     If the holder or former holder of the extractive industry work authority determines that changes required to the rehabilitation plan may significantly increase the risk of harm to the environment, to members of the public or to land, property or infrastructure, the holder or former holder must apply to vary the rehabilitation plan under section 77H in relation to those changes.

    (5)     If the holder or former holder of the extractive industry work authority determines that changes required to the rehabilitation plan do not significantly increase the risk of harm to the environment, to members of the public or to land, property or infrastructure, the holder or former holder must notify the Department Head under section 77HBA in relation to those changes.".



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