s. 19B (4C) The Minister administering the Mineral S. 19B(4C) Resources (Sustainable Development) Act 1990 inserted by No. 92/1990 must advise the Authority within 21 days after he s. 128(Sch. 1 or she receives a copy of an application under item 8.2), amended by subsection (3)(a)(iv)— No. 63/2006 s. 61(Sch. (a) whether the proposed works are prohibited item 11). by the planning scheme; and (b) if so, whether an amendment to the planning scheme is to be prepared to allow the proposed works to proceed. (5) The Authority shall— S. 19B(5) substituted by No. 45/1987 (a) take into account any replies, reports, s. 205(Sch. comments and information received under item 19(d)). subsection (4), (4A) or (4B); and (b) where the Secretary to the Department of S. 19B(5)(b) amended by Health submits a written report objecting to Nos 10262 the issue of a works approval on the ground s. 4, 46/1998 s. 7(Sch. 1), that the public health is likely to be 11/2002 endangered if a works approval is issued, s. 3(Sch. 1 item 22), refuse to issue a works approval; and 29/2010 s. 38. (c) if the proposed works are prohibited by a S. 19B(5)(c) inserted by planning scheme, refuse to issue a works No. 45/1987 approval, unless the Authority has been s. 205(Sch. item 19(d)), advised under subsection (4C)(b) that an amended by amendment to the planning scheme is to be No. 92/1990 s.128(Sch. 1 prepared. item 8.3). (5A) The Authority may issue a works approval for S. 19B(5A) inserted by proposed mining or exploration works that will No. 92/1990 require an amendment to the planning scheme on s. 128(Sch. 1 item 8.4), the condition that the works approval does not amended by take effect until the Minister or the planning No. 81/2004 s. 47(1). authority approves the required amendment.
S. 19B(4C) inserted by No. 92/1990 s. 128(Sch. 1 item 8.2), amended by No. 63/2006 s. 61(Sch. item 11). (4C) The Minister administering the Mineral Resources (Sustainable Development) Act 1990 must advise the Authority within 21 days after he or she receives a copy of an application under subsection (3)(a)(iv)— s. 19B (a) whether the proposed works are prohibited by the planning scheme; and (b) if so, whether an amendment to the planning scheme is to be prepared to allow the proposed works to proceed. S. 19B(5) substituted by No. 45/1987 s. 205(Sch. item 19(d)). (5) The Authority shall— (a) take into account any replies, reports, comments and information received under subsection (4), (4A) or (4B); and S. 19B(5)(b) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 38. (b) where the Secretary to the Department of Health submits a written report objecting to the issue of a works approval on the ground that the public health is likely to be endangered if a works approval is issued, refuse to issue a works approval; and S. 19B(5)(c) inserted by No. 45/1987 s. 205(Sch. item 19(d)), amended by No. 92/1990 s.128(Sch. 1 item 8.3). (c) if the proposed works are prohibited by a planning scheme, refuse to issue a works approval, unless the Authority has been advised under subsection (4C)(b) that an amendment to the planning scheme is to be prepared. S. 19B(5A) inserted by No. 92/1990 s. 128(Sch. 1 item 8.4), amended by No. 81/2004 s. 47(1). (5A) The Authority may issue a works approval for proposed mining or exploration works that will require an amendment to the planning scheme on the condition that the works approval does not take effect until the Minister or the planning authority approves the required amendment.