Environmental Protection Act 1994

An Act about the protection of Queensland’s environment

1Short title

This Act may be cited as the Environmental Protection Act 1994.

3Object

The object of this Act is to protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecologically sustainable development).

4How object of Act is to be achieved

(1)The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.

(2)The program is cyclical and involves the following phases—

(a)phase 1—establishing the state of the environment and defining environmental objectives;

(b)phase 2—developing effective environmental strategies;

(c)phase 3—implementing environmental strategies and integrating them into efficient resource management;

(d)phase 4—ensuring accountability of environmental strategies.

(3)The relationship between each of the phases is shown in the figure appearing at the end of this Act.

(4)Phase 1 is achieved by—

(a)researching the state of the environment, including essential ecological processes; and

(b)deciding environmental values to be protected or achieved by consulting industry, government departments and the community.

(5)Phase 2 is achieved by—

(a)developing environmental protection policies that, among other things—

(i)decide environmental indicators; and

(ii)establish ambient and emission standards for contaminants; and

(iii)require waste management, including waste prevention and minimisation; and

(iv)advise on management practices; and

(b)promoting environmental responsibility and involvement within the community.

(6)Phase 3 is achieved by—

(a)integrating environmental values into land use planning and management of natural resources; and

(b)ensuring all reasonable and practicable measures are taken to protect environmental values from all sources of environmental harm; and

(c)monitoring the impact of the release of contaminants into the environment; and

(d)requiring persons who cause environmental harm to pay costs and penalties for the harm.

(7)Phase 4 is achieved by—

(a)reviewing the results of human activities on the environment; and

(b)evaluating the efficiency and effectiveness of environmental strategies; and

(c)reporting publicly on the state of the environment.

5Obligations of persons to achieve object of Act

If, under this Act, a function or power is conferred on a person, the person must perform the function or exercise the power in the way that best achieves the object of this Act.

6Community involvement in administration of Act

This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, industry, Aborigines and Torres Strait Islanders under Aboriginal tradition and Island custom, interested groups and persons and the community generally.

7Definitions—dictionary

The dictionary in schedule 4 defines particular words used in this Act.

8Environment

Environment includes—

(a)ecosystems and their constituent parts, including people and communities; and

(b)all natural and physical resources; and

(c)the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and

(d)the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) to (c).

9Environmental value

Environmental value is—

(a)a quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or

(b)another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.

10Contamination

Contamination of the environment is the release (whether by act or omission) of a contaminant into the environment.

11Contaminant

A contaminant can be—

(a)a gas, liquid or solid; or

(b)an odour; or

(c)an organism (whether alive or dead), including a virus; or

(d)energy, including noise, heat, radioactivity and electromagnetic radiation; or

(e)a combination of contaminants.

12Noise

Noise includes vibration of any frequency, whether emitted through air or another medium.

13Waste

(1)Waste includes any thing, other than an end of waste resource, that is—

(a)left over, or an unwanted by-product, from an industrial, commercial, domestic or other activity; or

(b)surplus to the industrial, commercial, domestic or other activity generating the waste.

Example of paragraph (a)—

Abandoned or discarded material from an activity is left over, or an unwanted by-product, from the activity.

(2)Waste can be a gas, liquid, solid or energy, or a combination of any of them.

(3)A thing can be waste whether or not it is of value.

(4)Despite subsection (1), an end of waste resource becomes waste—

(a)when it is disposed of at a waste disposal site; or

(b)if it is deposited at a place in a way that would, apart from its use under an end of waste code or end of waste approval, constitute a contravention of the general littering provision or the illegal dumping of waste provision under that Act—when the depositing starts.

(5)In this section—

end of waste approval see the Waste Reduction Act, section 156.

end of waste code see the Waste Reduction Act, section 156.

end of waste resource means a resource under the Waste Reduction Act, section 156.

waste disposal site see the Waste Reduction Act, section 8A.

Waste Reduction Act means the Waste Reduction and Recycling Act 2011.

14Environmental harm

(1)Environmental harm is any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance.

(2)Environmental harm may be caused by an activity—

(a)whether the harm is a direct or indirect result of the activity; or

(b)whether the harm results from the activity alone or from the combined effects of the activity and other activities or factors.

15Environmental nuisance

Environmental nuisance is unreasonable interference or likely interference with an environmental value caused by—

(a)aerosols, fumes, light, noise, odour, particles or smoke; or

(b)an unhealthy, offensive or unsightly condition because of contamination; or

(c)another way prescribed by regulation.

16Material environmental harm

(1)Material environmental harm is environmental harm (other than environmental nuisance)—

(a)that is not trivial or negligible in nature, extent or context; or

(b)that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount but less than the maximum amount; or

(c)that results in costs of more than the threshold amount but less than the maximum amount being incurred in taking appropriate action to—

(i)prevent or minimise the harm; and

(ii)rehabilitate or restore the environment to its condition before the harm.

(2)In this section—

maximum amount means the threshold amount for serious environmental harm.

threshold amount means $5,000 or, if a greater amount is prescribed by regulation, the greater amount.

17Serious environmental harm

(1)Serious environmental harm is environmental harm (other than environmental nuisance)—

(a)that is irreversible, of a high impact or widespread; or

(b)caused to—

(i)an area of high conservation value; or

(ii)an area of special significance, such as the Great Barrier Reef World Heritage Area; or

(c)that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount; or

(d)that results in costs of more than the threshold amount being incurred in taking appropriate action to—

(i)prevent or minimise the harm; and

(ii)rehabilitate or restore the environment to its condition before the harm.

(2)In this section—

threshold amount means $50,000 or, if a greater amount is prescribed by regulation, the greater amount.

17AExclusions

Despite sections 14 and 15, a thing stated in schedule 1, part 2 is not environmental harm or environmental nuisance.

18Meaning of environmentally relevant activity

Each of the following is an environmentally relevant activity—

(a)an agricultural ERA as defined under section 79;

(b)a resource activity as defined under section 107;

(c)an activity prescribed under section 19 as an environmentally relevant activity.

19Environmentally relevant activity may be prescribed

(1)A regulation may prescribe an activity as an environmentally relevant activity if the Governor in Council is satisfied—

(a)that—

(i)a contaminant will or may be released into the environment when the activity is carried out; and

(ii)the release of the contaminant will or may cause environmental harm; or

(b)the activity will or may otherwise adversely affect an environmental value of the marine environment.

(1A)Without limiting subsection (1), a regulation under that subsection may prescribe an activity carried out in a relevant Great Barrier Reef Marine Park area as an environmentally relevant activity.

(2)To remove any doubt, a regulation made under subsection (1) may not modify the definition of an agricultural ERA or a resource activity.

(3)In this section—

Great Barrier Reef Marine Park means the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975 (Cwlth).

relevant Great Barrier Reef Marine Park area means an area—

(a)partly within the State and partly outside the State, but within the Great Barrier Reef Marine Park; or

(b)of which—

(i)part is within the State but not within the Great Barrier Reef Marine Park; and

(ii)part is outside the State but within the Great Barrier Reef Marine Park.

19AInteraction between prescribed ERAs and resource activities

(1)This section applies in relation to an environmental authority for a resource activity if 1 or more activities (each an ancillary activity) carried out under the authority as part of a resource activity is also a prescribed ERA.

(2)The resource activity is taken to be comprised of—

(a)the ancillary activities; and

(b)the other activities carried out under the authority as a resource activity.

(3)The ancillary activities are taken to be resource activities for the purpose of applications for an environmental authority.

(4)However, the ancillary activities are taken to be prescribed ERAs for the purpose of the following—

(a)the power to impose conditions on the environmental authority under chapter 5, part 5, division 6;

(b)the fees that apply to the environmental authority under this Act.

21Best practice environmental management

(1)The best practice environmental management of an activity is the management of the activity to achieve an ongoing minimisation of the activity’s environmental harm through cost-effective measures assessed against the measures currently used nationally and internationally for the activity.

(2)In deciding the best practice environmental management of an activity, regard must be had to the following measures—

(a)strategic planning by the person carrying out, or proposing to carry out, the activity;

(b)administrative systems put into effect by the person, including staff training and monitoring and review of the systems;

(c)public consultation carried out by the person;

(d)product and process design;

(e)waste prevention, treatment and disposal.

(3)Subsection (2) does not limit the measures to which regard may be had in deciding the best practice environmental management of an activity.

21AMeaning of prescribed condition

(1)A prescribed condition, for a small scale mining activity, is a condition prescribed under a regulation for the carrying out of the activity.

Example of a prescribed condition—

a condition about rehabilitating land

(2)It is also a prescribed condition for carrying out a small scale mining activity that the holder of the mining tenure (a small scale mining tenure) for the activity must not carry out, or allow the carrying out of, the activity unless the holder has given a surety—

(a)of the amount prescribed by regulation; and

(b)in the form approved by the scheme manager under the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 56.

(3)However, subsection (2) does not apply if the holder’s small scale mining tenure is a prospecting permit.

22Act binds all persons

This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

23Relationship with other Acts

(1)This Act is in addition to, and does not limit, any other Act.

(2)If this Act conflicts with an Act as follows, that Act prevails, but only to the extent of the conflict—

•Ambulance Service Act 1991

•Biosecurity Act 2014

•Disaster Management Act 2003

•Fire and Emergency Services Act 1990

•Public Safety Preservation Act 1986, part 3

•Radiation Safety Act 1999

•Transport Operations (Marine Pollution) Act 1995.

24Effect of Act on other rights, civil remedies etc.

(1)This Act does not limit any civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that an obligation that exists apart from this Act has been satisfied or has not been breached.

(3)In addition, a breach of the general environmental duty does not, of itself, give rise to a civil right or remedy.

25Extra-territorial application of Act

A person commits an offence against this Act if—

(a)the person causes environmental harm within the State by conduct engaged in outside the State; and

(b)the conduct would constitute the offence against this Act if it were engaged in by the person within the State.

26Minister may make policies

The Minister may make environmental protection policies to enhance or protect Queensland’s environment.

27Scope of policies

(1)An environmental protection policy may be made about the environment or anything that affects or may affect the environment.

(2)Without limiting subsection (1), an environmental protection policy may be made about any of the following—

(a)a contaminant, including, for example, an ozone depleting substance;

(b)an industry or activity;

(c)a technology or process;

(d)an environmental value;

(e)waste management;

(f)contamination control practice;

(g)land, air or water quality;

(h)noise;

(i)litter.

28Contents of policies

(1)An environmental protection policy must—

(a)state that the policy applies to the environment generally or to an aspect or part of the environment specified in the policy; and

(b)identify the environmental values to be enhanced or protected under the policy.

(2)An environmental protection policy may—

(a)state the objectives to be achieved and maintained under the policy; or

(b)state indicators, parameters, factors or criteria to be used in measuring or deciding any quality or condition of the environment; or

(c)establish a program by which the stated objectives are to be achieved and maintained, including, for example, the following—

(i)quantifying ambient conditions;

(ii)the qualities and maximum quantities of any contaminant permitted to be released into the environment;

(iii)the minimum standards to be complied with in the installation or operation of vehicles, plant or equipment for the control of contaminants or waste from stated sources or places;

(iv)measures designed to protect the environment or minimise the possibility of environmental harm; or

(d)provide for a program performance assessment procedure.

(3)An environmental protection policy may make provision about anything about which a regulation may be made under this Act, and, in particular—

(a)prescribing offences for contraventions of the policy; and

(b)fixing a maximum penalty of a fine of not more than 40 penalty units for the contravention.

33Policies are subordinate legislation

An environmental protection policy is subordinate legislation and does not have effect until it is approved by the Governor in Council.

34Giving effect to policies

On approval of an environmental protection policy, the administering authority must give effect to the policy.

37When EIS process applies

(1)This part applies for a project, other than a coordinated project, if—

(a)an EIS requirement is in force in relation to an application for an environmental authority for a mining activity that is, or is part of, the project; or

(b)an EIS requirement is in force in relation to an application for an environmental authority for a resource activity, other than a mining activity; or

(c)an EIS has been required for the project under an Act as follows for which it has, under the Act, been decided or required that this part applies to the preparation of the EIS—

(i)the Commonwealth Environment Act;

(ii)the State Development Act;

Note—

See the State Development Act, part 4, division 2 and division 3, subdivision 1.

(iii)another State Act or another Commonwealth Act; or

(d)the voluntary preparation of an EIS for the project has been approved under part 2; or

(e)the chief executive has, under part 3—

(i)decided that an EIS would be required under this Act for an application for an environmental authority for the project; or

(ii)approved the voluntary preparation of an EIS for the project; or

(ef)the project is of a type prescribed under a regulation for which approval by a Commonwealth or State authority is required.

(2)However, an EIS under this Act can not be used for making a decision under the Planning Act, other than a decision in relation to a project mentioned in subsection (1)(a) or (b).

(3)In this section—

authority, for the Commonwealth, includes the Minister of the Commonwealth for the time being administering the Commonwealth Environment Act.

EIS includes a statement, however called, that is similar to an EIS.

project includes—

(a)a development or proposed development; and

(b)an action or proposed action; and

(c)a plan or policy.

38Who is an affected person for a project

(1)A person is an affected person for a project if the person is—

(a)a person mentioned in subsection (2) for the operational land or any land joining it; or

(b)any of the following under the Native Title Act 1993 (Cwlth) for the operational land or for an area that includes any of the land—

(i)a registered native title body corporate;

(ii)a registered native title claimant;

(iii)a representative Aboriginal/Torres Strait Islander body; or

(c)a relevant local government for the operational land.

(2)For subsection (1)(a), the persons are as follows—

(a)for freehold land—a registered proprietor;

(b)for land that is held from the State for an estate or interest less than fee simple and for which the interest is recorded in a register mentioned in the Land Act 1994 (Land Act), section 276—a person recorded in the register as the registered holder of the interest;

(c)for land subject to a mining claim, mineral development licence or mining lease—a holder of, or an applicant for, the mining tenure;

(d)for land subject to a relevant tenure for an environmental authority for a resource activity, other than a mining activity—the holder of the tenure;

(e)for land under the Land Act or the Nature Conservation Act 1992 (NCA) for which there are trustees—a trustee of the land;

(f)for Aboriginal land under the Aboriginal Land Act 1991 (ALA) that is taken to be a reserve because of section 202(2) or (4)(b) of that Act—the trustee of the land;

(g)for DOGIT land under the ALA or the Torres Strait Islander Land Act 1991—a trustee for the land;

(i)for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151(2) of that Act—the trustee of the land;

(j)for land that, under the Aboriginal and Torres Strait Islander Land Holding Act 2013, is lease land for a 1985 Act granted lease or a new Act granted lease—the lessee;

(k)for land that is any of the following, the State—

(i)unallocated State land;

(ii)a reserve under the Land Act for which there is no trustee;

(iii)a national park (scientific), national park, national park (Aboriginal land), national park (Torres Strait Islander land) or forest reserve under the NCA;

(iv)a conservation park or resources reserve under the NCA for which there are no trustees;

(v)a State forest or timber reserve under the Forestry Act 1959;

(vi)a State-controlled road;

(vii)a fish habitat area under the Fisheries Act 1994;

(l)another person prescribed under a regulation.

39Other definitions

In this part—

comment period, for an EIS, means the comment period for the EIS under section 42(2)(e) and (3) or section 68(3)(b)(i).

draft terms of reference, for an EIS, means draft terms of reference submitted under section 41.

environmental management plan means—

(a)an environmental management document; or

(b)another document, however called, that proposes mechanisms to manage the potential environmental impact of the project.

final terms of reference, for an EIS, means the final terms of reference for the EIS published under section 46.

interested person means an interested person proposed by the proponent under section 41(3)(b).

operational land means the land on which the project is to be carried out.

person includes a body of persons, whether incorporated or unincorporated.

properly made submission see section 55(2).

proponent means the person who proposes the project to which this part applies.

submission period, for an EIS, means—

(a)the submission period for the EIS under section 52(1)(e) and (2); or

(b)if section 68 applies—any new submission period fixed under section 68(3)(b)(ii).

40Purposes

The purposes of an EIS and the EIS process are as follows—

(a)to assess—

(i)the potential adverse and beneficial environmental, economic and social impacts of the project; and

(ii)management, monitoring, planning and other measures proposed to minimise any adverse environmental impacts of the project;

(b)to consider feasible alternative ways to carry out the project;

(c)to give enough information about the matters mentioned in paragraphs (a) and (b) to the proponent, Commonwealth and State authorities and the public;

(d)to prepare or propose an environmental management plan for the project;

(e)to help the administering authority decide an environmental authority application for which the EIS is required;

(f)to give information to other Commonwealth and State authorities to help them make informed decisions;

(g)to meet any assessment requirements under—

(i)the Commonwealth Environment Act for a project that is, or includes, a controlled action under that Act; or

(ii)a bilateral agreement;

Note—

For what is a controlled action under the Commonwealth Environment Act, see section 67 (What is a controlled action?) of that Act.

For assessment requirements of controlled actions, see the Commonwealth Environment Act, chapter 4, part 8 (Assessing impacts of controlled actions).

For bilateral agreements, see the Commonwealth Environment Act, chapter 3 (Bilateral agreements).

(h)to allow the State to meet its obligations under a bilateral agreement.

41Submission

(1)The proponent must submit to the chief executive draft terms of reference for the EIS that allow the purposes of the EIS to be achieved for the project.

(2)The submitted draft must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed under a regulation; and

(c)include any matter prescribed under a regulation.

(3)Also, if an approval has not been given under part 2 for the project, the submitted draft must be accompanied by the following—

(a)a written description of the project and the operational land;

(b)a list stating the name and address of each person the proponent proposes as an interested person for the project;

Example of persons who may be proposed as an interested person—

an unincorporated community or environmental body with a financial or non-financial interest in the local government area that the operational land is in

(c)a statement of how the proponent proposes to consult with the interested persons;

(d)a list of the names and addresses of the affected persons for the project.

42Preparation of TOR notice

(1)The chief executive must, within 15 business days after the draft terms of reference are submitted, give the proponent written notice about the draft (the TOR notice) for public notification.

(2)The notice must state the following—

(a)a description of the project and the operational land;

(b)that the proponent has prepared draft terms of reference for the EIS;

(c)where or how the draft may be obtained;

Note—

See section 65 (Public access to draft terms of reference or submitted EIS).

(d)that anyone may make written comments to the chief executive about the draft;

(e)a period decided by the chief executive (the comment period) during which comments may be made;

(f)another matter prescribed under a regulation.

(3)The comment period must not end before 30 business days after the notice is published.

43Public notification

(1)The chief executive must publish the TOR notice within 5 business days after giving it to the proponent.

Note—

See section 558 (Publication of decision or document by administering authority).

(2)The proponent must, if asked by the chief executive, pay the chief executive’s reasonable costs incurred in publishing the notice.

(3)The proponent must, within the 5 business days, give a copy of the notice to—

(a)each affected person for the project; and

(b)each interested person; and

(c)any other person decided by the chief executive.

(4)The chief executive may decide another person for subsection (3)(c) only by giving the proponent an information notice about the decision before the notice is published.

44Proponent to be given comments

The chief executive must, within 10 business days after the comment period ends, give the proponent a copy of all comments received by the chief executive within the period.

45Advice to chief executive

The proponent must, within the period prescribed under a regulation, give the chief executive—

(a)a written summary of the comments; and

(b)a statement of the proponent’s response to the comments; and

(c)any amendments of the draft terms of reference the proponent proposes because of the comments.

46Finalising terms of reference

(1)The chief executive must, within the period prescribed under a regulation, do the following—

(a)consider the documents mentioned in section 45;

(b)prepare the final terms of reference;

(c)give the proponent a copy of the final terms of reference;

(d)publish the final terms of reference.

(2)The proponent must, if asked by the chief executive, pay the chief executive’s reasonable costs incurred in publishing the final terms of reference.

47When EIS may be submitted

(1)The proponent may submit the EIS to the chief executive only within—

(a)2 years after the final terms of reference are given to the proponent; or

(b)any longer period decided by the chief executive before the 2 years ends.

(2)The submitted EIS must be accompanied by the fee prescribed under a regulation.

(3)If an EIS is not submitted under subsection (1)—

(a)the final terms of reference cease to have effect; and

(b)division 2 must be complied with again before the EIS may be submitted.

48Chief executive may require copies of EIS

(1)The chief executive may, at any time before the submission period ends, by written notice require the proponent to give the chief executive a stated number of copies of the submitted EIS that the chief executive reasonably requires.

(2)The notice may require—

(a)the copies to be in hard copy form or in an electronic form or forms; and

(b)a stated part of the stated number to be given in hard copy form and a stated part of the number to be given in an electronic form or forms.

49Decision on whether EIS may proceed

(1)The chief executive must consider the submitted EIS and decide whether to allow it to proceed under division 4 within 20 business days after the EIS is submitted (the decision period).

(2)The decision period may be extended if, at any time before the decision is made, the proponent agrees in writing to the extension.

(3)The chief executive may allow the EIS to proceed only if the chief executive considers it addresses the final terms of reference in an acceptable form.

(4)If the decision is to allow the EIS to proceed, the chief executive may also fix a minimum period for the making of submissions about the EIS.

(5)However, the period fixed must be at least 30 business days and must end at least 30 business days after the EIS notice is published.

(5A)Subsection (5B) applies if—

(a)under the final terms of reference for the EIS, the EIS submitted by the proponent includes a proposed PRC plan; and

(b)the proposed PRCP schedule for the plan identifies an area of land as a non-use management area under section 126D(2)(b); and

(c)the chief executive decides to allow the EIS to proceed.

(5B)The chief executive must, as soon as practicable after making the decision, ask a qualified entity to—

(a)carry out a public interest evaluation for each area of land mentioned in subsection (5A)(b); and

(b)before the end of the submission period for the EIS, give the chief executive a report about the evaluation that complies with section 316PB.

(6)The chief executive must, within 10 business days after the decision is made, give the proponent written notice of the decision and of any submission period fixed.

(7)If the decision is to refuse to allow the EIS to proceed, the notice must also state—

(a)the reasons for the decision; and

(b)that the proponent may, under section 50, apply to the Minister to review the decision; and

(c)how to apply for a review; and

(d)that the proponent may, under section 49A, resubmit the EIS.

(8)In this section—

qualified entity means an entity, other than the proponent, that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation.

49AProponent may resubmit EIS

(1)This section applies if the chief executive decides, under section 49, to refuse to allow the EIS to proceed and the proponent—

(a)does not apply, under section 50, to the Minister to review the decision; or

(b)applies, under section 50, to the Minister to review the decision and the Minister confirms the decision.

(2)The proponent may resubmit, with changes, the EIS to the chief executive within—

(a)3 months after the day notice of the decision is given to the proponent under section 49(6); or

(b)if the chief executive and the proponent have, within the 3 months, agreed to a different period—the different period.

(3)The proponent may resubmit the EIS under subsection (2) only once.

(4)The resubmitted EIS must be accompanied by the fee prescribed by regulation.

(5)The following provisions apply to the resubmitted EIS as if a reference in the provision to an EIS or submitted EIS were a reference to the resubmitted EIS—

(a)section 48;

(b)section 49, other than section 49(7)(d);

(c)section 50.

50Ministerial review of refusal to allow to proceed

(1)If the chief executive decides to refuse to allow the EIS to proceed, the proponent may, by written notice, apply to the Minister to review the decision.

(2)The notice must—

(a)state why the proponent considers the EIS should be allowed to proceed; and

(b)be given within 10 business days after the proponent receives a notice under section 49(6) about the decision.

(3)However, the Minister may, at any time, extend the time for giving the notice.

(4)In reviewing the decision, the Minister—

(a)has the same powers as the chief executive; and

(b)may confirm the chief executive’s decision or decide to allow the EIS to proceed under division 4.

(5)The Minister’s decision on the review is taken for this part, other than section 49(7), to be the chief executive’s decision.

(6)The chief executive must give the proponent written notice of the Minister’s decision within 10 business days after it is made.

(7)If the Minister’s decision is to confirm the chief executive’s decision, the notice must state reasons for the Minister’s decision.

51Public notification

(1)This section applies if the chief executive has given the proponent a notice, under section 49(6), that the EIS may proceed under this division.

(2)Within 20 business days after the giving of the notice, the proponent must—

(a)give written notice about the EIS (the EIS notice) to—

(i)each affected person for the project; and

(ii)each interested person; and

(iii)any other person decided by the chief executive; and

(b)after giving the EIS notice under paragraph (a), publish the EIS notice—

(i)at least once in a newspaper circulating in the locality of the operational land; and

(ii)in another way prescribed under a regulation or decided by the chief executive; and

(c)make a copy of the submitted EIS available on a website.

(3)The chief executive may decide another person for subsection (2)(a)(iii) or another way of publishing the EIS notice for subsection (2)(b)(ii) only by giving the proponent an information notice about the decision before the notice is published.

(4)The proponent must keep the information mentioned in subsection (2)(c) available on a website from the start of the submission period until—

(a)if the proponent is given notice by the chief executive under section 56A(5) that the submitted EIS may not proceed and the proponent does not apply to the Minister to review the decision—the day the notice is given; or

(b)if the proponent is given notice by the chief executive under section 50(6), as applied by section 56B(2), that the submitted EIS may not proceed—the day the notice is given; or

(c)if paragraphs (a) and (b) do not apply—the day that is 1 year after the chief executive gives the proponent an EIS assessment report under section 57(2).

(5)This section is subject to section 68.

52Required content of EIS notice

(1)The EIS notice must be in the approved form and state the following—

(a)a description of the project and the operational land;

(b)where the submitted EIS may be inspected;

(c)where copies of, or extracts from, the submitted EIS may be obtained;

(d)that anyone may make a submission to the chief executive about the submitted EIS;

(e)the period (the submission period) during which submissions may be made;

(f)how to make a properly made submission;

(g)another matter prescribed under a regulation.

Note—

For paragraphs (b) and (c), see sections 65 (Public access to draft terms of reference or submitted EIS), 540A (Registers to be kept by chief executive) and 542 (Inspection of register).

(2)The submission period must be at least 30 business days and must end after the later of the following to end—

(a)any minimum period for the making of submissions about the EIS fixed by the chief executive under section 49(4) before the notice is published under section 51(2)(b);

(b)20 business days after the publication.

53Declaration of compliance

(1)The proponent must, within 10 business days after the EIS notice is published, give the chief executive a statutory declaration declaring—

(a)whether or not the proponent has complied with the notice requirements under sections 51 and 52; and

(b)the name and address of each person to whom the EIS notice was given under section 51.

(2)A copy of the EIS notice must be attached to the declaration.

(3)The proponent is taken to have complied with the requirements if—

(a)a declaration is given under this section; and

(b)the declaration states the proponent has complied with the notice requirements.

Note—

For what happens if the declaration states the requirements have not been complied with, see section 68 (Substantial compliance with notice requirements may be accepted).

54Right to make submission

A person may, within the submission period, make a submission to the chief executive about the submitted EIS.

55Acceptance of submissions

(1)The chief executive must accept a submission if it—

(a)is written; and

(b)is signed by or for each person (signatory) who made the submission; and

(c)states the name and address of each signatory; and

(d)is made to the chief executive; and

(e)is received on or before the last day of the submission period.

(2)A submission that complies with subsection (1) is called a properly made submission.

(3)The chief executive may accept a written submission even if it is not a properly made submission.

56Response to submissions

(1)The chief executive must, within 10 business days after the submission period ends, give the proponent a copy of the following documents—

(a)each submission accepted by the chief executive;

(b)if a public interest evaluation has been carried out for a proposed non-use management area for the project—the report about the public interest evaluation.

(1A)However, if the report mentioned in subsection (1)(b) is received by the chief executive after the submission period ends, the chief executive must give the proponent copies of the documents mentioned in subsection (1) within 10 business days after the report is received by the chief executive.

(1B)If subsection (1)(b) applies, the chief executive must also, subject to section 316PE, give a copy of the report to each person who made a submission under section 54 about the EIS at the same time as the chief executive gives the proponent a copy of the report.

(2)The proponent must, within the relevant period, consider the submissions and give the chief executive—

(a)a summary of the submissions; and

(b)a statement of the proponent’s response to the submissions; and

(c)if subsection (1)(b) applies—a statement of the proponent’s response to the report; and

(d)any amendments of the submitted EIS because of the submissions or report, together with an EIS amendment notice under section 66 for the amendments.

(3)In this section—

relevant period means—

(a)generally—

(i)if section (1)(b) applies and an entity asks for a review of the report under section 316PC—20 business days after notice of the reviewing entity’s decision is given to the proponent under section 316PC(7); or

(ii)otherwise—20 business days after the proponent is given a copy of all submissions accepted by the chief executive; or

(b)if the chief executive and the proponent have, within the 20 business days, agreed to a different period—the different period.

56AAssessment of adequacy of response to submission and submitted EIS

(1)This section applies if—

(a)a submission is accepted by the chief executive under section 55; or

(b)a public interest evaluation is carried out for a proposed non-use management area for the project.

(2)The chief executive must, within 20 business days after the relevant period under section 56—

(a)consider the submitted EIS and the documents given under section 56(2); and

(b)decide whether to allow the submitted EIS to proceed under divisions 5 and 6.

(3)The period may be extended if, at any time before the decision is made, the proponent has agreed in writing to the extension.

(4)The chief executive may allow the submitted EIS to proceed only if the chief executive considers—

(a)the proponent’s response to the submission, and any report about a public interest evaluation, is adequate; and

(b)the submitted EIS is consistent with the recommendations made in any report about a public interest evaluation; and

(c)the proponent has made all appropriate amendments to the submitted EIS because of the submission and any report about a public interest evaluation.

(5)The chief executive must, within 10 business days after the decision is made, give the proponent written notice of the decision.

(6)If the decision is to refuse to allow the submitted EIS to proceed, the notice must also state—

(a)the reasons for the decision; and

(b)that the proponent may, under section 56B, apply to the Minister to review the decision; and

(c)how to apply for a review; and

(d)that the proponent may, under section 56AA, resubmit the EIS and the proponent’s response to the submission or report.

56AAProponent may resubmit EIS

(1)This section applies if the chief executive decides, under section 56A, to refuse to allow the EIS to proceed and the proponent—

(a)does not apply, under section 56B, to the Minister to review the decision; or

(b)applies, under section 56B, to the Minister to review the decision and the Minister confirms the decision.

(2)The proponent may resubmit, with changes, the submitted EIS and the proponent’s response to the submission or report mentioned in section 56A(1) to the chief executive within—

(a)20 business days after notice of the decision is given to the proponent under section 56A(5); or

(b)if the chief executive and the proponent have, within the 20 business days, agreed to a different period—the different period.

(3)The proponent may resubmit under subsection (2) only once.

(4)A resubmitted EIS must be accompanied by the fee prescribed by regulation.

(5)The following provisions apply to the resubmitted EIS and response to submission or report as if a reference in the provision to a submitted EIS or the proponent’s response to the submission or report were a reference to the resubmitted EIS or proponent’s response to the submission or report—

(a)section 56A, other than section 56A(6)(d);

(b)section 56B.

56BMinisterial review of refusal to allow submitted EIS to proceed

(1)If, under section 56A, the chief executive decides to refuse to allow the submitted EIS to proceed, the proponent may, by written notice, apply to the Minister to review the decision.

(2)Section 50 applies to the notice and the review as if—

(a)they were a notice and review under that section; and

(b)the reference to division 4 in section 50(4)(b) were a reference to divisions 5 and 6; and

(c)the reference to section 49(6) in section 50(2)(b) were a reference to section 56A(5).

57EIS assessment report

(1)This section applies only if the chief executive has given the proponent a notice under section 56A(5), or under 50(6) as applied by section 56B(2), of a decision that the submitted EIS may proceed under this division and division 6.

(2)The chief executive must give the proponent a report (an EIS assessment report) about the submitted EIS within 30 business days after—

(a)if, at the end of the submission period, the chief executive has accepted any submissions—the day the notice mentioned in subsection (1) was given; or

(b)if, under section 56A, the chief executive originally decided to refuse to allow the submitted EIS to proceed but, under section 56B, the Minister decided to allow it to proceed—the giving to the proponent of notice of the Minister’s decision; or

(c)otherwise—the end of the submission period.

Note—

For public inspection of the EIS assessment report, see sections 540A (Registers to be kept by chief executive) and 542 (Inspection of register).

58Criteria for preparing report

In preparing an EIS assessment report, the chief executive must consider the following—

(a)the final terms of reference for the EIS;

(b)the submitted EIS;

(c)all properly made submissions and any other submissions accepted by the chief executive;

(d)the standard criteria;

(e)another matter prescribed under a regulation.

59Required content of report

An EIS assessment report must—

(a)address the adequacy of the EIS in addressing the final terms of reference; and

(b)address the adequacy of any environmental management plan for the project; and

(c)make recommendations about the suitability of the project; and

(d)recommend any conditions on which any approval required for the project may be given; and

(e)contain another matter prescribed under a regulation.

60When process is completed

(1)The process under this part is completed for an EIS when the proponent is given an EIS assessment report for the EIS.

(2)The process is taken to have been completed for a coordinated project if the Coordinator-General’s report for the EIS or IAR for the project has been given to the project’s proponent.

(3)The process is taken to have been completed for another project if—

(a)an EIS or a similar statement, however called, for the project has been—

(i)finalised under the Commonwealth Environment Act, section 104(1); or

(ii)completed under another Commonwealth Act or a State Act; and

(b)the chief executive decides the process under this part has been complied with, or substantially complied with, for the EIS or statement.

61Application of sdiv 1

This subdivision applies during—

(a)any stage under divisions 2 to 6; and

(b)the taking of a step or the making of a decision within any stage under divisions 2 to 6.

Example of when subdivision applies—

1when the chief executive is preparing the final terms of reference

2when the proponent is preparing the EIS

3when the administering authority is preparing an EIS assessment report

62Chief executive may seek advice, comment or information

(1)The chief executive may seek and consider relevant advice, comment or information from the proponent or another person.

(2)The request may be by public notice.

(3)If the request is made of the proponent, it must be written, and must state a reasonable period for the giving of the advice, comment or information sought.

63Disclosure of relevant documents or information

The chief executive may give anyone a document or information if it—

(a)is mentioned in this part; or

(b)is required to be given to the chief executive under this part; or

(c)relates to the project or the process under this part.

64Making of inquiry does not of itself alter EIS process

Asking for and receiving, or giving, a document or advice, comment or information under this subdivision does not—

(a)replace any public notice or other stage or step required under divisions 2 to 6; or

(b)extend or reduce the period required to take a step or make a decision under divisions 2 to 6; or

(c)affect or limit a provision of divisions 2 to 6 that allows the chief executive and the proponent to agree about the period for the taking of a step under the EIS process.

65Public access to draft terms of reference or submitted EIS

If a person asks the proponent for a copy of the draft terms of reference for an EIS or the submitted EIS, the proponent must, on payment of the appropriate fee to the proponent, give the person the copy.

Note—

See also sections 540A (Registers to be kept by chief executive) and 542 (Inspection of register).

For the appropriate fee, see section 543 (Appropriate fee for copies).

66Amending EIS

(1)The proponent may amend or replace the submitted EIS (the original EIS) at any time before the EIS assessment report is given to the proponent.

(2)However, the submitted EIS can not be amended during the submission period for the EIS.

(3)Also, an amendment may be made only by giving the chief executive written notice of the amendment (an EIS amendment notice).

(4)An EIS amendment notice must be accompanied by the fee prescribed under a regulation.

(5)The submitted EIS is taken to be the original EIS, as amended from time to time by an EIS amendment notice given for the original EIS.

67Process is suspended

(1)This section applies if the proponent—

(a)does not comply with a requirement under the EIS process for an EIS; or

(b)becomes entitled to take the next step under the process and has not taken the step.

(2)The following are suspended until the requirement is complied with or the step is taken—

(a)the EIS process for the EIS;

(b)any obligations of the chief executive under this part for the EIS.

(3)The proponent’s draft terms of reference or submitted EIS lapse on the later of the following days if the requirement has not been complied with or the step has not been taken—

(a)the first anniversary of the suspension;

(b)if the chief executive and the proponent have, before the first anniversary, agreed to a later day—the later day.

(4)This section is subject to sections 47 and 68.

68Substantial compliance with notice requirements may be accepted

(1)If the proponent has not complied with the notice requirements under division 2, subdivision 2 or division 4, subdivision 1, the chief executive must decide whether to allow the EIS to proceed under this part as if the noncompliance had not happened.

(2)The chief executive may decide to allow the EIS to proceed only if the chief executive is satisfied there has been substantial compliance with the requirements.

(3)If the chief executive decides not to allow the EIS to proceed, the chief executive must, within 10 business days after the decision is made—

(a)fix a new period for compliance with the requirements (the new notice period); and

(b)either fix—

(i)if the noncompliance was with division 2, subdivision 2—a new comment period; or

(ii)if the noncompliance was with division 4, subdivision 1—a new submission period; and

(c)give the proponent an information notice about the decision not to allow the EIS to proceed and the decision about the new notice period.

(4)The information notice must state the new notice period and the new comment or submission period.

(5)The new notice period applies despite the period for giving the notice under section 43(3) or 51(2).

69Purpose of pt 2

(1)The purpose of this part is to allow the proponent for a project to voluntarily prepare an EIS for the project by using the EIS process, if it is appropriate to do so.

(2)The purpose is achieved by providing for an approval process for the voluntary preparation of an EIS.

70Projects that may be approved for EIS

(1)The proponent for a project may apply to the chief executive for approval to prepare an EIS for a project.

(2)However, an application can not be made for a project if—

(a)an EIS requirement is in force for an application under this Act relating to the project; or

(b)the Commonwealth Environment Act requires the project to be assessed under chapter 4, part 8 of that Act and the EIS process has not been decided as an accredited process under the Commonwealth Environment Act; or

Note—

See the Commonwealth Environment Act, sections 47 (Agreement may declare classes of actions do not need assessment) and 87 (Minister must decide on approach for assessment).

(c)an EIS or similar statement, however called, must be prepared for the project under another State Act and that Act does not allow the EIS or statement to be prepared under the EIS process.

71Requirements for application

An approval application must be—

(a)in the approved form; and

(b)supported by enough information to allow the chief executive to decide whether an EIS is appropriate for the project; and

(c)supported by enough documents or information to establish that the applicant may enter land to which the project relates to carry out any necessary studies for the EIS; and

(d)accompanied by—

(i)the documents that, under section 41(3), must accompany a submitted draft terms of reference for an EIS; and

(ii)the fee prescribed under a regulation.

72Deciding application

(1)The chief executive must consider the application and decide either to grant or refuse the approval.

(2)However, the chief executive may grant the approval only if the chief executive considers an EIS is appropriate for the project.

(3)The chief executive must, within 10 business days after the decision is made, give the proponent a written notice stating the decision, and the reasons for it.

74Purpose of chapter

The purpose of this chapter is to provide for measures to improve the quality of the water entering the Great Barrier Reef to—

(a)support the outstanding universal value of the Great Barrier Reef for which the reef was inscribed on the World Heritage List; and

(b)protect and enhance the biological integrity and diversity of the aquatic ecosystems of the Great Barrier Reef, including—

(i)the coral reef, mangrove and seagrass ecosystems of the reef; and

(ii)the aquatic ecosystems of the river basins from which water enters the Great Barrier Reef; and

(c)improve the health and resilience of the aquatic ecosystems of the reef so they are better able to withstand and recover from disturbances.

75What is the Great Barrier Reef catchment

(1)The Great Barrier Reef catchment is the area shown on a map prescribed by regulation as the Great Barrier Reef catchment.

(2)Each part of the Great Barrier Reef catchment shown as a river basin on the map is a river basin.

76Other definitions for chapter

In this chapter—

agricultural ERA see section 79.

agricultural ERA standard see section 81(1).

carries out, an agricultural ERA, see section 80.

Great Barrier Reef catchment see section 75(1).

river basin see section 75(2).

77Environmental protection policy must set objectives for reduced contaminant loads

(1)This section applies in relation to the entry of the following contaminants to the water of the Great Barrier Reef because of human activity carried out on land in the Great Barrier Reef catchment—

(a)dissolved inorganic nitrogen in the water;

(b)sediment suspended in the water.

(2)The Minister must ensure an environmental protection policy sets an objective to reduce the load of each of the contaminants entering the waters from each river basin in the catchment.

(3)The objective must be to reduce each of the loads to a stated limit, over a stated period, that is consistent with achieving the improvement in the quality of the water entering the Great Barrier Reef stated in the purpose of this chapter.

(4)This section does not limit the matters relating to the quality of the water entering the Great Barrier Reef that may be dealt with in an environmental protection policy.

(5)In this section—

load, of a contaminant that enters water, means the total volumemass of the contaminant that enters the water in a year.

78Objectives set in policy must be reviewed every 5 years

(1)The Minister must review an environmental protection policy, to the extent the policy sets an objective mentioned in section 77(2), at least once—

(a)in the period of 5 years after the policy is made; and

(b)in each subsequent 5-year period.

(2)A review must be started during a period mentioned in subsection (1) and completed within 1 year.

79What is an agricultural ERA

(1)An agricultural ERA is any of the following activities carried out, on a commercial basis, on land in the Great Barrier Reef catchment—

(a)cattle grazing;

(b)horticulture;

Example—

commercial cultivation of bananas

(c)cultivation of another crop.

Example—

commercial cultivation of sugarcane or grains

(2)For subsection (1), all the land in a lot is taken to be in the Great Barrier Reef catchment if more than 75% of the lot, or 20,000ha of land in the lot, is in the catchment.

(3)In this section—

lot means—

(a)a lot under the Land Title Act 1994; or

(b)a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994.

80Who carries out an agricultural ERA

(1)A person carries out an agricultural ERA if the person carries out the activity on land—

(a)of which the person is the owner; or

(b)under an arrangement about the use of the land with the owner of the land.

(2)Also, a person carries out an agricultural ERA if the person is employed or otherwise engaged by a person mentioned in subsection (1) to oversee the carrying out of the agricultural ERA on the other person’s behalf.

81 What is an agricultural ERA standard

(1)An agricultural ERA standard is an ERA standard for an agricultural ERA that states it is an agricultural ERA standard.

Note—

See section 318 for the chief executive’s power to make an ERA standard.

(2)The purpose of an agricultural ERA standard is to ensure the agricultural ERA to which the standard relates is carried out in a way that best achieves—

(a)the purpose of this chapter; and

(b)the objective of preventing contaminants entering, or minimising the amount of contaminants that enter, the water of the Great Barrier Reef because of the agricultural ERA being carried out on land in the Great Barrier Reef catchment; and

Examples of contaminants that may enter the water of the Great Barrier Reef because of an agricultural ERA—

nutrients, other chemicals, sediment

(c)an objective set by an environmental protection policy under section 77.

(3)Without limiting section 318, an agricultural ERA standard may include a standard condition—

(a)about the use of water, nutrients, agricultural chemical products or other substances in carrying out the agricultural ERA; or

(b)that requires compliance with a prescribed methodology for—

(i)working out the amount of a nutrient to be applied to a crop, plant or soil without exceeding the needs of the crop or plant, or a plant in the soil; or

(ii)conducting tests related to carrying out the agricultural ERA, including, for example, tests of soil, water or plants and the intervals at which the tests must be carried out; or

(iii)another matter related to carrying out the agricultural ERA; or

(c)about the way land, the features of land and farming infrastructure are designed and used, and farming operations are undertaken, to carry out the agricultural ERA.

Examples of features of land that may be designed and used to carry out an agricultural ERA—

the slope of the land, land banks, drainage channels

(4)The chief executive must review an agricultural ERA standard at least once—

(a)in the period of 5 years after the standard is made; and

(b)in each subsequent 5-year period.

(5)A review must be started during a period mentioned in subsection (4) and completed within 1 year.

(6)In this section—

prescribed methodology, for a matter, means a methodology for the matter prescribed by regulation for this section.

82Offence to contravene agricultural ERA standard

(1)This section applies if an agricultural ERA standard applies to an agricultural ERA.

(1)This section applies if—

(a)an agricultural ERA is not a prescribed ERA; and

(b)an agricultural ERA standard applies to the agricultural ERA.

(2)A person who carries out the agricultural ERA must not contravene the agricultural ERA standard.

Maximum penalty—

(a)if the offence is committed wilfully—1,665 penalty units; or

(b)otherwise—600 penalty units.

(3)In a proceeding for an offence against subsection (2), it is a defence for a person to prove that—

(a)the person is accredited under a recognised accreditation program for the agricultural ERA; and

(b)the person’s conduct that is alleged to constitute the offence does not contravene the recognised accreditation program.

83Definitions for part

In this part—

adviser means a person who gives advice about carrying out an agricultural ERA—

(a)as a service for reward; or

Example—

An agronomist gives advice about the amount of a nutrient needed for a banana crop and charges a fee for giving the advice.

(b)in connection with the provision of goods or another service for reward.

Examples—

1A fertiliser distributor or agent gives advice about the amount of a nutrient needed for a sugarcane crop in connection with selling fertiliser for the crop.

2A hydrologist gives advice about the amount of water needed for sugarcane crops in connection with providing a service of designing and installing an irrigation system for the crop.

give advice includes make a recommendation.

tailored advice, about carrying out an agricultural ERA, see section 84.

84Meaning of tailored advice about carrying out an agricultural ERA

(1)Advice about carrying out an agricultural ERA is tailored advice if the advice—

(a)relates to a standard condition in an agricultural ERA standard that applies to the agricultural ERA; and

(b)is tailored to consider and address—

(i)the particular objectives that the person carrying out the agricultural ERA wants to achieve by carrying it out; and

(ii)the particular circumstances under which the agricultural ERA is being carried out.

(2)For subsection (1), it does not matter whether the advice is given as a result of a test conducted in relation to soil, water or a plant.

85Tailored advice must not be false or misleading

An adviser must not give tailored advice about carrying out an agricultural ERA that the adviser knows, or ought reasonably to know, is false or misleading in a material particular to a person—

(a)who carries out the agricultural ERA; or

(b)who is acting on behalf of another person who carries out the agricultural ERA.

Maximum penalty—600 penalty units.

86Record of tailored advice

(1)This section applies if an adviser gives tailored advice about carrying out an agricultural ERA to a person—

(a)who carries out the agricultural ERA; or

(b)who is acting on behalf of another person who carries out the agricultural ERA.

(2)The adviser must, unless the adviser has a reasonable excuse—

(a)prepare a record that contains the information stated in subsection (3) about the tailored advice within 5 business days after giving the advice; and

(b)give a copy of the record to the person; and

(c)keep the record, or a copy of the record, for at least 6 years.

(3)For subsection (2), the information is—

(a)the adviser’s name and ACN or ABN (if any); and

(b)the person’s name and ACN or ABN (if any); and

(c)if the person is acting on behalf of another person who carries out the agricultural ERA—the name and ACN or ABN (if any) of the person who carries out the agricultural ERA; and

(d)the location of the land on which the agricultural ERA is being carried out; and

(e)the day the advice was given; and

(f)a summary of the advice given that includes the details prescribed by regulation.

Examples of details that may be prescribed—

•the fertiliser product recommended for use

•the recommended rate for the fertiliser product to be applied

•measures recommended to control sediment and erosion

87Definitions for part

(1)A Great Barrier Reef water quality offset is an activity—

(a)carried out to counterbalance a residual impact of a relevant activity; and

(b)carried out on land on which the relevant activity is carried out or on other land in the Great Barrier Reef catchment; and

(c)that complies with an environmental offsets policy for a Great Barrier Reef water quality offset.

(2)A residual impact of a relevant activity is the presence of a restricted contaminant in water in a river basin in the Great Barrier Reef catchment that—

(a)was released into the water because of the relevant activity; and

(b)remains, or will or is likely to remain, (whether temporarily or permanently) despite on-site mitigation measures for the activity.

(3)A Great Barrier Reef water quality offset condition for a relevant activity is a condition that—

(a)requires a Great Barrier Reef water quality offset to be undertaken; or

Examples—

action to rehabilitate a degraded riverbank, construct a wetland or establish native habitat across a number of properties

(b)otherwise relates to an environmental offset.

Example—

payment of a financial settlement offset

(4)The Minister may recommend to the Governor in Council the making of a regulation prescribing a contaminant to be a restricted contaminant only if satisfied that, if released into water entering the Great Barrier Reef, the contaminant is likely to—

(a)have an adverse impact on the quality of the water entering the reef; and

(b)be contrary to achieving the purpose of this chapter.

(5)In this section—

environmental offsets policy see the Environmental Offsets Act 2014, section 12.

on-site mitigation measure, for a relevant activity, means a measure undertaken on land on which the activity is carried out, to avoid or minimise the release of a restricted contaminant into water in a river basin in the Great Barrier Reef catchment because of the activity being carried out on the land.

relevant activity means a prescribed ERA, or resource activity, carried out on land in the Great Barrier Reef catchment.

restricted contaminant means a contaminant prescribed as a restricted contaminant for this section.

88Application of Environmental Offsets Act 2014 to Great Barrier Reef water quality offsets

(1)The Environmental Offsets Act 2014 applies in relation to a Great Barrier Reef water quality offset condition and an environmental offsets policy for a Great Barrier Reef water quality offset as if—

(a)a reference in that Act to an environmental offset were a reference to a Great Barrier Reef water quality offset; and

(b)a reference in that Act to an environmental offset condition were a reference to a Great Barrier Reef water quality offset condition; and

(c)a reference in that Act to a significant residual impact were a reference to a residual impact; and

(d)a reference in that Act to a prescribed activity were a reference to a relevant activity under this section; and

(e)a reference in that Act to a prescribed environmental matter were a reference to a river basin in the Great Barrier Reef catchment; and

(f)a reference in that Act to maintaining the viability of a prescribed environmental matter were, in relation to the prescribed environmental matter mentioned in paragraph (e), a reference to maintaining or improving the quality of the water entering the Great Barrier Reef from a river basin in the Great Barrier Reef catchment.

(2)In this section—

environmental offsets policy see the Environmental Offsets Act 2014, section 12.

relevant activity see section 87(5).

89Regulation-making power for particular records and returns

(1)A regulation may be made under section 580(2)(b) applying to—

(a)a record or return relating to—

(i)the sale of a fertiliser product or agricultural chemical; or

(ii)the application of a fertiliser product or agricultural chemical; or

(iii)a soil test; or

(iv)a crop yield; and

(b)a person involved in the production, manufacture, distribution, supply or use of an agricultural ERA product, fertiliser product or agricultural chemical.

(2)In this section—

agricultural ERA product means a product from carrying out an agricultural ERA.

fertiliser product means a product that is, or contains, nitrogen, phosphorous or another plant nutrient.

106What is a prescribed ERA

A prescribed ERA is an environmentally relevant activity prescribed under section 19.

107What is a resource activity

A resource activity is an activity that involves—

(a)a geothermal activity; or

(b)a GHG storage activity; or

(c)a mining activity; or

(d)a petroleum activity.

108What is a geothermal activity

A geothermal activity is an activity that, under the Geothermal Act, is an authorised activity for a geothermal tenure.

109What is a GHG storage activity

A GHG storage activity is an activity that, under the GHG storage Act, is an authorised activity for a GHG authority under that Act.

110What is a mining activity

A mining activity is—

(a)an activity that is an authorised activity for a mining tenement under the Mineral Resources Act; or

(b)another activity that is authorised under an approval under the Mineral Resources Act that grants rights over land.

111What is a petroleum activity

A petroleum activity is—

(a)an activity that, under the Petroleum Act 1923, is an authorised activity for a 1923 Act petroleum tenure under that Act; or

(b)an activity that, under the P&G Act, is an authorised activity for a petroleum authority under that Act; or

(c)exploring for, exploiting or conveying petroleum resources under a licence, permit, pipeline licence, primary licence, secondary licence or special prospecting authority granted under the Petroleum (Submerged Lands) Act 1982.

111A Meaning of stable condition

Land is in a stable condition if—

(a)the land is safe and structurally stable; and

(b)there is no environmental harm being caused by anything on or in the land; and

(c)the land can sustain a post-mining land use.

112Other key definitions for ch 5

In this chapter—

application stage, for an application, means the stage of the assessment process carried out for the application under part 2.

decision stage, for an application, means the stage of the assessment process carried out for the application under part 5.

eligibility criteria, for an environmentally relevant activity, means eligibility criteria that are in effect for the activity under—

(a)an ERA standard; or

(b)section 707A or 707B.

eligible ERA means an environmentally relevant activity that complies with the eligibility criteria in effect for the activity.

ERA project means a prescribed ERA project or a resource project.

Great Barrier Reef catchment waters means water in—

(a)a river in the Great Barrier Reef catchment; or

(b)a tributary of a river mentioned in paragraph (a).

ineligible ERA means an environmentally relevant activity that is not an eligible ERA.

information stage, for an application, means the stage of the assessment process carried out for the application under part 3.

management milestone, for a non-use management area, means each significant event or step necessary to—

(a)achieve best practice management of the area; and

(b)minimise risks to the environment.

non-use management area means an area of land the subject of a PRC plan that can not be rehabilitated to a stable condition after all relevant activities for the PRC plan carried out on the land have ended.

notification stage, for an application, means the stage of the assessment process carried out for the application under part 4.

post-mining land use, for land the subject of a PRC plan, means the purpose for which the land will be used after all relevant activities for the PRC plan carried out on the land have ended.

PRC plan, for land the subject of a mining lease, means a progressive rehabilitation and closure plan for the land that consists of—

(a)the rehabilitation planning part of the plan; and

(b)the PRCP schedule for the plan, including any conditions imposed on the schedule.

PRCP schedule, for a PRC plan, means a schedule of the plan that—

(a)complies with section 126D; and

(b)is approved under chapter 5, part 5, division 2, with or without conditions.

prescribed ERA project means all prescribed ERAs carried out, or proposed to be carried out, as a single integrated operation.

public interest consideration see section 316PA(3).

public interest evaluation means an evaluation of a proposed non-use management area conducted under section 316PA.

rehabilitation milestone, for the rehabilitation of land, means each significant event or step necessary to rehabilitate the land to a stable condition.

rehabilitation planning part, of a PRC plan, see section 126C(2).

resource project means resource activities carried out, or proposed to be carried out, under 1 or more resource tenures, in any combination, as a single integrated operation.

single integrated operation see section 113.

stable condition, for land, see section 111A.

underground water rights means any of the following—

(a)underground water rights within the meaning of the Mineral Resources Act 1989;

(b)underground water rights within the meaning of the Petroleum and Gas (Production and Safety) Act 2004;

(c)underground water rights within the meaning of the Petroleum Act 1923, section 87(3).

113Single integrated operations

Environmentally relevant activities are carried out as a single integrated operation if—

(a)the activities are carried out under the day-to-day management of a single responsible individual, for example, a site or operations manager; and

(b)the activities are operationally interrelated; and

(c)the activities are, or will be, carried out at 1 or more places; and

(d)the places where the activities are carried out are separated by distances short enough to make feasible the integrated day-to-day management of the activities.

114Stages of assessment process

(1)The assessment process for applications for environmental authorities involve the following possible stages—

•application stage

•information stage

•notification stage

•decision stage.

(2)Not all stages, or all parts of a stage, apply to all applications.

114AApplication of assessment process for proposed PRC plans

(1)This section applies—

(a)if there is a proposed PRC plan for a site-specific application; and

(b)for a proposed PRC plan that did not accompany the site-specific application—from when the proposed PRC plan is submitted for the application.

(1)This section applies if, under section 125(1)(n), a site-specific application is required to be accompanied by a proposed PRC plan.

(2)Parts 3 to 5 apply to the proposed PRC plan, as if the plan were a part of the application.

(3)Unless otherwise provided, a reference in parts 3 to 5 to an application includes a reference to the proposed PRC plan.

115Development application taken to be application for environmental authority in particular circumstances

(1)This section applies if—

(a)a development application is made for a development permit for a material change of use of premises under the Planning Act; and

(b)the material change of use of premises—

(i)is for a prescribed ERA; and

(ii)is categorised as assessable development under a regulation made under the Planning Act.

(2)The development application is taken to also be an application for an environmental authority for the prescribed ERA.

(3)However, parts 2, other than division 2, to 4 do not apply to the application for the environmental authority.

(4)A properly made submission under the Planning Act about the development application is, to the extent it relates to the prescribed ERA, taken to be a properly made submission about the application for the environmental authority.

(5)If the development application lapses or is changed or withdrawn under the Planning Act, the application for an environmental authority for the prescribed ERA is also taken to have lapsed or been changed or withdrawn.

116Who may apply for an environmental authority

(1)An entityA person may apply for an environmental authority to carry out 1 or more environmentally relevant activities.

Note—

See also section 426 (Environmental authority required for particular environmentally relevant activities).

(2)An application under subsection (1) may also be made jointly by 2 or more entitiespersons.

(3)This section is subject to sections 117 to 120.

117Restriction for applications for resource activities

An entityA person may apply for an environmental authority for a resource activity only if the entityperson is the applicant for a relevant tenure for the resource activity.

118Single application required for ERA projects

(1)This section applies if an entitya person proposes to carry out environmentally relevant activities as an ERA project.

(2)The entityperson may only make a single application for a single environmental authority for all relevant activities that form the project.

119Single environmental authority required for ERA projects

(1)This section applies if an environmental authority has been issued for an ERA project.

(2)The holder of the authority can not apply for a separate environmental authority for additional activities proposed to be carried out as part of the project.

(3)Subsection (2) applies whether or not the additional activity is a resource activity that is proposed to be carried out under another relevant tenure as part of the project.

(4)This section does not prevent the holder from applying to amend or transfer the environmental authority, or amalgamate the authority with another authority of the holder.

120Application for environmental authority can not be made in particular circumstances

(1)An application for an environmental authority for a prescribed ERA can not be made if, under the Planning Act—

(a)a development permit for a material change of use of premises relating to the activity is necessary under the Planning Act for the carrying out of the activity; and

(b)neither of the following applications has been made—

(i)a development application for a development permit mentioned in paragraph (a);

(ii)a change application to change a development permit to authorise a material change of use of premises relating to the activity, if the permit does not already authorise the material change of use.

(2)Also, an application for an environmental authority can not be made if—

(a)it is for a prescribed ERA that is an extractive activity; and

(b)it relates to the North Stradbroke Island Region; and

(c)it involves dredging or extracting more than 10,000 tonnes of material a year.

(3)Also, an application for an environmental authority for a prescribed ERA can not be made if—

(a)the activity is to be carried out on a parcel of land within a State development area; and

(b)the approved development scheme under the State Development Act for the State development area states that the development of the parcel of land for the prescribed ERA is SDA assessable development under that Act; and

(c)either of the following apply—

(i)the applicant has not applied for an SDA approval for the development under the State Development Act, section 84D;

(ii)the SDA approval for the development under the State Development Act has lapsed under section 84H of that Act.

(4)In this section—

extractive activity means an activity prescribed under a regulation as an extractive activity.

North Stradbroke Island Region see the North Stradbroke Island Protection and Sustainability Act 2011, section 5.

State development area see the State Development Act, schedule 2.

121Types of applications

The types of applications for an environmental authority are—

(a)standard applications; and

(b)variation applications; and

(c)site-specific applications.

122What is a standard application

(1)An application for an environmental authority is a standard application if—

(a)the environmental authority is to be subject to the standard conditions for the authority or the environmentally relevant activity for the authority; and

(b)all proposed environmentally relevant activities for the environmental authority are eligible ERAs.

(2)An application for an environmental authority, for an environmentally relevant activity that is carried out as part of a coordinated project, is also a standard application if—

(a)there are Coordinator-General’s conditions—

(i)that relate to the activity the subject of the application; and

(ii)that are the same as the standard conditions for the authority or the activity; and

(b)all proposed environmentally relevant activities for the authority are eligible ERAs.

123What is a variation application

(1)An application for an environmental authority is a variation application if—

(a)the application seeks to change the standard conditions for the environmental authority or the environmentally relevant activity for the authority; and

(b)all proposed environmentally relevant activities for the environmental authority are eligible ERAs.

(2)An application for an environmental authority, for an environmentally relevant activity that is carried out as part of a coordinated project, is also a variation application if—

(a)there are Coordinator-General’s conditions—

(i)that relate to the activity the subject of the application; and

(ii)that are not the same as the standard conditions for the authority or the activity; and

(b)all proposed environmentally relevant activities for the environmental authority are eligible ERAs.

124What is a site-specific application

An application for an environmental authority is a site-specific application if any of the proposed environmentally relevant activities for the authority are ineligible ERAs.

125Requirements for applications generally

(1)An application for an environmental authority must—

(a)be made to the administering authority; and

(b)be made in the approved form; and

(c)describe all environmentally relevant activities for the application; and

(d)describe the land on which each activity will be carried out; and

(e)be accompanied by the fee prescribed under a regulation; and

(f)if 2 or more entitiespersons (joint applicants) jointly make the application—nominate 1 joint applicant as the principal applicant; and

(g)state whether the application is—

(i)a standard application; or

(ii)a variation application; or

(iii)a site-specific application; and

(h)state whether the applicant is a registered suitable operator; and

(i)if a development permit under the Planning Act, or an SDA approval under the State Development Act, is required under either of those Acts for carrying out the environmentally relevant activities for the application—describe the permit or approval; and

(j)if the application is a standard or variation application—include a declaration that each relevant activity complies with the eligibility criteria; and

(k)if the application is a variation application—

(i)for a variation application under section 123(1)—state the standard conditions for the activity or authority the applicant seeks to change; or

(ii)for a variation application under section 123(2)—state the standard conditions that are not the same as the Coordinator-General’s conditions; and

(l)if the application is a variation or site-specific application—

(i)include an assessment of the likely impact of each relevant activity on the environmental values, including—

(A)a description of the environmental values likely to be affected by each relevant activity; and

(B)details of any emissions or releases likely to be generated by each relevant activity; and

(C)a description of the risk and likely magnitude of impacts on the environmental values; and

(D)details of the management practices proposed to be implemented to prevent or minimise adverse impacts; and

(E)if paragraph (n) does not apply—details of how the land the subject of the application will be rehabilitated after each relevant activity ceases; and

(ii)include a description of the proposed measures for minimising and managing waste generated by each relevant activity; and

(iii)include details of any site management plan that relates to the land the subject of the application; and

(m)if the application is for a prescribed ERA—state whether the applicant wants any environmental authority granted for the application to take effect on a day nominated by the applicant; and

(n)if the application is a site-specific application for a mining activity relating to a mining lease—be accompanied by a proposed PRC plan that complies with this division; and

(o)include any other document relating to the application prescribed under a regulation.

(2)Despite subsection (1)(l), if the application is a variation application under section 123(1), it need only include the matters mentioned in that subsection to the extent it seeks to change the standard conditions for the activity or authority.

(3)Subsection (1)(l) does not apply for an application if—

(a)either—

(i)the EIS process for an EIS for each relevant activity the subject of the application has been completed; or

(ii)the Coordinator-General has evaluated an EIS for each relevant activity the subject of the application and there are Coordinator-General’s conditions that relate to each relevant activity; and

(b)an assessment of the environmental risks of each relevant activity would be the same as the assessment in the EIS mentioned in paragraph (a)(i), or the evaluation mentioned in paragraph (a)(ii), if completed.

(4)Also, subsection (1)(l) does not apply for a variation application under section 123(2) if the application seeks only to apply the Coordinator-General’s conditions.

(5)Despite subsection (1), if the application is a variation or site-specific application for the prescribed ERA mentioned in the Environmental Protection Regulation 2019, schedule 2, section 13A—

(a)it need only include the matters mentioned in subsection (1)(l)(i)(A) to (D), (ii) and (iii) to the extent the matters relate to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and

(b)subsection (1)(l)(i)(E) does not apply for the application.

(6)Subsection (1)(l) does not apply for a variation application or site-specific application, and subsection (1)(n) does not apply for a site-specific application for a mining activity relating to a mining lease, if—

(a)the chief executive has, under chapter 3, part 2 or 3, approved the voluntary preparation of an EIS for the project the subject of the application and the applicant has—

(i)started the EIS process for the application; or

(ii)stated in the application that the applicant will prepare an EIS under chapter 3, part 1; or

(b)the chief executive has, under chapter 3, part 3, decided that an EIS is required for the application; or

(c)the Coordinator-General has, under the State Development Act, section 26(1)(a), declared that the project the subject of the application is a coordinated project for which an EIS under that Act is required.

126Requirements for site-specific applications—CSG activities

(1)A site-specific application for a CSG activity must also state the following—

(a)the quantity of CSG water the applicant reasonably expects will be generated in connection with carrying out each relevant CSG activity;

(b)the flow rate at which the applicant reasonably expects the water will be generated;

(c)the quality of the water, including changes in the water quality the applicant reasonably expects will happen while each relevant CSG activity is carried out;

(d)the proposed management of the water including, for example, the use, treatment, storage or disposal of the water;

(e)the measurable criteria (the management criteria) against which the applicant will monitor and assess the effectiveness of the management of the water, including, for example, criteria for each of the following—

(i)the quantity and quality of the water used, treated, stored or disposed of;

(ii)protection of the environmental values affected by each relevant CSG activity;

(iii)the disposal of waste, including, for example, salt, generated from the management of the water;

(f)the action proposed to be taken if any of the management criteria are not complied with, to ensure the criteria will be able to be complied with in the future.

(2)The proposed management of the water can not provide for using a CSG evaporation dam in connection with carrying out a relevant CSG activity unless—

(a)the application includes an evaluation of—

(i)best practice environmental management for managing the CSG water; and

(ii)alternative ways for managing the water; and

(b)the evaluation shows there is no feasible alternative to a CSG evaporation dam for managing the water.

(3)This section does not apply for a site-specific application for a CSG activity if—

(a)the Coordinator-General has evaluated an EIS for the CSG activity under the State Development Act; and

(b)there are Coordinator-General’s conditions for each relevant activity the subject of the application; and

(c)an assessment of the environmental risks of the activity would be the same as the evaluation mentioned in paragraph (a), if completed.

126ARequirements for site-specific applications—particular resource projects and resource activities

(1)This section applies to a site-specific application, involving the exercise of underground water rights, for—

(a)a resource project that includes a resource tenure that is a mineral development licence, mining lease or petroleum lease; or

(b)a resource activity for which the relevant tenure is a mineral development licence, mining lease or petroleum lease.

(2)The application must also state the following—

(a)any proposed exercise of underground water rights during the period in which resource activities will be carried out under the relevant tenure;

(b)the areas in which underground water rights are proposed to be exercised;

(c)for each aquifer affected, or likely to be affected, by the exercise of underground water rights—

(i)a description of the aquifer; and

(ii)an analysis of the movement of underground water to and from the aquifer, including how the aquifer interacts with other aquifers and surface water; and

(iii)a description of the area of the aquifer where the water level is predicted to decline because of the exercise of underground water rights; and

(iv)the predicted quantities of water to be taken or interfered with because of the exercise of underground water rights during the period in which resource activities are carried out;

(d)the environmental values that will, or may, be affected by the exercise of underground water rights and the nature and extent of the impacts on the environmental values;

(e)any impacts on the quality of groundwater that will, or may, happen because of the exercise of underground water rights during or after the period in which resource activities are carried out;

(f)strategies for avoiding, mitigating or managing the predicted impacts on the environmental values stated for paragraph (d) or the impacts on the quality of groundwater mentioned in paragraph (e).

126BMain purpose of PRC plan

The main purposes of a PRC plan are to—

(a)require the holder of an environmental authority issued for ana site-specific application mentioned in section 125(1)(n)for a mining activity relating to a mining lease to plan for how and where environmentally relevant activities will be carried out on land in a way that maximises the progressive rehabilitation of the land to a stable condition; and

(b)provide for the condition to which the holder must rehabilitate the land before the authority may be surrendered.

126CRequirements for PRC plan

(1)A proposed PRC plan must—

(a)be in the approved form; and

(b)describe the following—

(i)each resource tenure, including the area of each tenure, to which the application relates;

(ii)the relevant activities to which the application relates;

(iii)the likely duration of the relevant activities; and

(c)include—

(i)a proposed PRCP schedule that complies with section 126D; and

(ii)a detailed description, including maps, of how and where the relevant activities are to be carried out; and

(iii)details of the consultation undertaken by the applicant in developing the proposed PRC plan; and

(iv)details of how the applicant will undertake ongoing consultation in relation to the rehabilitation to be carried out under the plan; and

(d)state the extent to which each proposed post-mining land use for land, or non-use management area, identified in the proposed PRCP schedule for the plan is consistent with—

(i)the outcome of consultation with the community in developing the plan; and

(ii)any strategies or plans for the land of a local government, the State or the Commonwealth; and

(e)for each proposed post-mining land use for land, state the applicant’s proposed methods or techniques for rehabilitating the land to a stable condition in a way that supports the rehabilitation milestones under the proposed PRCP schedule; and

(f)identify the risks of a stable condition for land mentioned in paragraph (e) not being achieved, and how the applicant intends to manage or minimise the risks; and

(g)for each proposed non-use management area, state the reasons the applicant considers the area can not be rehabilitated to a stable condition because of a matter mentioned in section 126D(2); and

(h)for each matter mentioned in paragraph (g), include copies of reports or other evidence relied on by the applicant for each proposed non-use management area; and

(i)for each proposed non-use management area, state the applicant’s proposed methodology for achieving best practice management of the area to support the management milestones under the proposed PRCP schedule for the area; and

(j)include the other information the administering authority reasonably considers necessary to decide whether to approve the PRCP schedule for the plan.

(2)The matters mentioned in subsection (1), other than the matter mentioned in subsection (1)(c)(i), are the rehabilitation planning part of the proposed PRC plan.

126DRequirements for proposed PRCP schedule

(1)A proposed PRCP schedule must—

(a)for the area of each resource tenure described in the PRC plan, state—

(i)the proposed post-mining land use for the land; or

(ii)that the applicant considers the land to be a non-use management area; and

(b)for each proposed post-mining land use mentioned in paragraph (a)(i), state—

(i)each rehabilitation milestone required to achieve a stable condition for the land; and

(ii)when each rehabilitation milestone is to be achieved; and

(c)for each non-use management area mentioned in paragraph (a)(ii), state—

(i)each management milestone for the area; and

(ii)when each management milestone is to be achieved; and

(d)include maps showing the land mentioned in paragraphs (a), (b) and (c).

(2)The PRCP schedule may state that land is a non-use management area only if—

(a)carrying out rehabilitation of the land would cause a greater risk of environmental harm than not carrying out the rehabilitation; or

(b)both of the following apply—

(i)the risk of environmental harm as a result of not carrying out rehabilitation of the land is confined to the area of the relevant resource tenure;

(ii)the applicant considers, having regard to each public interest consideration, that it is in the public interest for the land not to be rehabilitated to a stable condition.

(3)Despite subsection (2), if land the subject of the proposed PRCP schedule will contain a void situated wholly or partly in a flood plain, the schedule must provide for rehabilitation of the land to a stable condition.

(4)For subsection (1)(b)(ii), the PRCP schedule must provide for each rehabilitation milestone to be achieved as soon as practicable after the land to which it relates becomes available for rehabilitation.

(5)For subsection (4), land is available for rehabilitation if the land is not being mined, unless—

(a)the land is being used for operating infrastructure or machinery for mining, including, for example, a dam or water storage facility; or

(b)the land is identified in the proposed PRCP schedule or the application for an environmental authority for relevant activities to which the schedule relates as containing a probable or proved ore reserve that is to be mined within 10 years after the land would otherwise have become available for rehabilitation; or

(ba)the land is required for the mining of a probable or proved ore reserve mentioned in paragraph (b); or

(c)the land contains permanent infrastructure identified in the proposed PRCP schedule as remaining on the land for a post-mining land use.

(6)In this section—

mined means mined within the meaning of the Mineral Resources Act, section 6A.

probable or proved ore reserve means a probable ore reserve or proved ore reserve mentioned in the listing rules made by ASX Limited (ACN 008 624 691) for the listing of corporations on the Australian stock exchange.

void means an area of land to be excavated in the carrying out of a mining activity.

127When application is a properly made application

An application for an environmental authority under section 116(1) is a properly made application if it complies with this division.

128Notice about application that is not a properly made application

(1)This section applies if an application is not a properly made application.

(2)The administering authority must, within 10 business days after receiving the application, give the applicant a notice stating the following—

(a)it is not a properly made application;

(b)the reasons the administering authority is satisfied it is not a properly made application;

(c)the action the administering authority is satisfied the applicant must take for the application to be a properly made application;

(d)the period of at least 20 business days after the notice is given within which the applicant must give written notice to the administering authority that the action has been taken;

(e)that, if the applicant does not give the notice mentioned in paragraph (d) within the stated period, the application will lapse under section 129.

129When application lapses

(1)This section applies if the applicant is given a notice under section 128(2).

(2)The application lapses if the applicant does not, within the stated period or the further period agreed between the administering authority and the applicant—

(a)take the action mentioned in section 128(2)(c); and

(b)give the administering authority written notice that the action has been taken.

130Nomination of principal applicant

(1)This section applies if joint applicants jointly apply for 1 or more environmental authorities.

(2)The entityperson nominated in the application as the principal applicant for the application may, for all applicants for the application, give to the administering authority a notice or other document relating to the application or a proposed PRC plan accompanyingfor the application.

(3)The administering authority may—

(a)give a notice or other document relating to the application or a proposed PRC plan accompanyingfor the application to all the applicants, by giving it to the principal applicant nominated in the application; or

(b)make a requirement under this chapter relating to the application or a proposed PRC plan accompanyingfor the application of all the applicants, by making it of the principal applicant nominated in the application.

131Meaning of minor change

(1)A minor change, for an application or proposed PRC plan, is any of the following changes to the application or plan—

(a)a change that merely corrects a mistake about the name or address of the applicant;

(b)a change of applicant;

(c)a change that merely corrects a spelling or grammatical error;

(d)a change that the administering authority is satisfied would not adversely affect the ability of the authority to assess the changed application.

(2)For subsection (1)(d), a minor change does not include a change that would have the effect that the type of application is changed.

132Changing application or proposed PRC plan

(1)Before an application is decided or a proposed PRCP schedule is approved, the applicant may change the application or proposed PRC plan for the schedule by giving the administering authority—

(a)written notice of the change; and

(b)the fee prescribed under a regulation.

(2)An applicant can not change an application or proposed PRC plan if the change would, if the application were remade including the change, result in the application not being a properly made application.

(3)Subsection (2) does not apply to the applicant if the applicant takes the action that would be necessary to make the application a properly made application if it were remade.

(4)If the change to the application is, or includes, a change of applicant, the notice of the change—

(a)may be given to the administering authority by the entityperson proposing to become the applicant; and

(b)must be accompanied by the written consent of the entityperson who is the applicant immediately before the change.

133Effect on assessment process—minor changes and agreed changes

(1)The assessment process does not stop for a changed application or proposed PRC plan if—

(a)the change is a minor change of the application or plan; or

(b)the administering authority gives its written agreement to the change.

(2)For the changed application or proposed PRC plan, the notification stage does not again apply, and is not required to restart, if—

(a)the notification stage applied to the original application or plan; and

(b)the change was made during the notification stage or after the notification stage ended.

134Effect on assessment process—other changes

(1)Subsection (2) applies to a changed application or proposed PRC plan if—

(a)the change is not a minor change; and

(b)the administering authority has not given its written agreement to the change.

(2)The assessment process stops on the day the notice of the change is received by the administering authority and starts again from the end of the application stage.

(3)Subsection (4) applies to a changed application or proposed PRC plan if—

(a)the assessment process has stopped under subsection (2) for the application or proposed PRC plan; and

(b)the notification stage applied to the original application; and

(c)the change was made during the notification stage or after the notification stage ended.

(4)The notification stage must be repeated unless the administering authority is satisfied the change would not be likely to attract a submission objecting to the thing the subject of the change, if the notification stage were to apply to the change.

135Withdrawing an application

At any time before an environmental authority is issued, the applicant may withdraw the application by giving written notice of the withdrawal to the administering authority.

136When does application stage end

The application stage for an application ends—

(a)if the applicant is given a notice under section 128(2)—the day the administering authority receives the notice mentioned in section 128(2)(d); or

(b)otherwise, the earlier of the following—

(i)if the administering authority is satisfied the requirements under the application stage have been complied with—when the administering authority becomes satisfied the requirements have been complied with;

(ii)10 business days after the administering authority receives the application.

136A Administering authority must obtain report about public interest evaluation for particular applications

(1)This section applies if—

(a)the application stage for a site-specific application for a mining activity relating to a mining lease endshas ended; and

(b)there is a proposed PRC plan for the application that includes a proposed PRCP schedule identifying an area of land as a non-use management area under section 126D(2)(b); and

(b)the application is accompanied by a proposed PRC plan that includes a proposed PRCP schedule identifying an area of land as a non-use management area under section 126D(2)(b); and

(c)either—

(i)a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has not been carried out for an EIS; or

(ii)a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has been carried out for an EIS and, since the evaluation was carried out, the proposed non-use management area has changed.

(2)The administering authority must, as soon as practicable after the later of the application stage endsending or the proposed PRC plan being submitted, ask a qualified entity to—

(a)carry out a public interest evaluation for each area of land mentioned in subsection (1)(b); and

(b)give the administering authority a report about the evaluation that complies with section 316PB.

Note—

See section 167A(4) for when particular reports must be given to the administering authority under paragraph (b).

(3)In this section—

EIS includes an EIS under the State Development Act.

qualified entity means an entity, other than the applicant, that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation.

137Purpose of information stage

The information stage for an application gives the administering authority the opportunity to ask the applicant for further information needed to assess the application.

138When information stage applies

Subject to section 139, the information stage applies to—

(a)variation applications; and

(b)site-specific applications.

139Information stage does not apply if EIS process complete

(1)This section applies if—

(a)either—

(i)the EIS process for an EIS for each relevant activity the subject of the application has been completed; or

(ii)in evaluating an EIS under the State Development Act, the Coordinator-General has stated conditions mentioned in section 34D(3)(b) of that Act that relate to each relevant activity the subject of the application; and

(b)since the EIS mentioned in paragraph (a)(i) or the evaluation mentioned in paragraph (a)(ii) was completed—

(i)for an environmental authority—the environmental risks of the activity and the way the activity will be carried out have not changed; or

(ii)for a proposed PRC plan—

(A)a post-mining land use or non-use management area has not changed; or

(B)achieving a stable condition for land has not changed; or

(C)the way a post-mining land use will be achieved, or a non-use management area will be managed, has not changed in a way likely to result in significantly different impacts on environmental values compared to the impacts on the values under the EIS; or

(D)the day by which rehabilitation of land to a stable condition will be achieved has not changed.

(2)However—

(a)this section applies for a variation application or site-specific application only if the matters mentioned in section 125(1)(l) have been provided to the administering authority (whether with the application, through the EIS or in another way); and

(b)this section applies for a site-specific application for a mining activity relating to a mining lease only if there is a proposed PRC plan for the application.

(23)The information stage does not apply to the application.

140Information request to applicant

(1)The administering authority may ask the applicant, by written request (an information request), to give further information needed to assess the application.

(2)An information request must state that the application will lapse unless the applicant gives the administering authority a response under section 146.

141Content of information request

(1)The administering authority must state in an information request the period (the information response period) within which the applicant must give a response under section 146.

(2)The information response period must be—

(a)if an EIS is required for the application under section 143(2)—a period of at least 2 years after the final terms of reference are given to the proponent under section 46(1); or

(b)otherwise—a period of at least 6 months after the giving of the information request.

143EIS may be required

(1)This section applies for a site-specific application for a resource activity if—

(a)the application does not relate to a coordinated project; and

(b)an EIS relating to the activity has not been submitted under chapter 3, part 1.

(2)Without limiting section 140(1), the administering authority may include in an information request a requirement that the applicant provide an EIS for the application.

(3)In deciding whether an EIS is required for an application, the administering authority must consider the standard criteria.

(4)A requirement under subsection (2) ceases to have effect if a relevant activity or tenure for the application is, or is included in, a coordinated project.

(5)If the chief executive has made a decision under section 73C that an EIS would not be required for an application for an environmental authority for a project, the administering authority must not require an applicant for an environmental authority for the project to provide an EIS for the application.

(6)Subsection (5) does not apply if the environmental risks of the activities proposed to be carried out under the project, and the way the activities are to be carried out, are different from the environmental risks and activities considered by the chief executive when making the decision under section 73C.

144When information request must be made

An information request must be made—

(a)for a site-specific application, within the following periods (each the information request period)—

(i) if the application is accompanied by a proposed PRC plan—30 business days after the day the application stage ends for the application;

(ii)otherwise—20 business days after the day the application stage ends for the application; or

(ii)otherwise, but subject to subparagraphs (iii) and (iv)—20 business days after the day the application stage ends for the application;

(iii)if a proposed PRC plan is submitted before the end of the period mentioned in subparagraph (ii)—30 business days after the day the application stage ends for the application;

(iv)if a proposed PRC plan is submitted after the end of the period mentioned in subparagraph (ii) in response to an information request made in that period— 10 business days after the proposed PRC plan is submitted; or

(b)for a variation application—within 10 business days after the day the application stage ends for the application (also the information request period).

145Extending information request period

(1)The administering authority may, by written notice given to the applicant and without the applicant’s agreement, extend the information request period by not more than 10 business days.

(2)Only 1 notice may be given by the administering authority under subsection (1) for the application and the notice must be given before the information request period ends.

(3)The information request period may be further extended if the applicant, at any time, gives written agreement to the extension.

146Applicant responds to any information request

(1)If the applicant receives an information request from the administering authority, the applicant must respond by giving the authority—

(a)all of the information requested; or

(b)part of the information requested together with a written notice asking the authority to proceed with the assessment of the application; or

(c)a written notice—

(i)stating that the applicant does not intend to supply any of the information requested; and

(ii)asking the authority to proceed with the assessment of the application.

(2)Despite subsection (1), if the information request requires the applicant to provide an EIS for the application under section 143(2), the EIS process under chapter 3 must be completed and the EIS provided.

(3)Also, despite subsection (1), if the information request requires the applicant to submit a proposed PRC plan for the application under section 143A, a proposed PRC plan complying with part 2, division 3 must be submitted.

147Lapsing of applications if no response to information request

(1)An application lapses if the applicant does not comply with section 146 within—

(a)the information response period stated in the information request; or

(b)the further period agreed between the applicant and the administering authority.

(2)If the applicant asks the administering authority to agree to extend the information response period, the request must be made at least 10 business days before the last day of the information response period.

(3)The administering authority must, within 5 business days after receiving the request—

(a)decide whether to agree to the extension; and

(b)give an information notice of the decision.

148When does information stage end

The information stage ends when—

(a)if an information request has been made—the applicant has finished responding to the request and the administering authority has received the response; or

(b)if an information request has not been made, the earlier of the following—

(i)when the administering authority decides not to make an information request;

(ii)the information request period has ended.

149When notification stage applies

Subject to section 150, the notification stage applies to an application if—

(a)any part of the application is for a mining activity relating to a mining lease; or

(b)the application is a site-specific application and any part of the application is for a geothermal activity, GHG storage activity or petroleum activity.

150Notification stage does not apply to particular applications

(1)This section applies if—

(a)for an EIS under this Act—

(i)the EIS for each relevant activity the subject of the application has been notified under section 51; and

(ii)for a site-specific application for a mining activity relating to a mining lease—the notification of the EIS for the mining activity under section 51 included a notification of a proposed PRC plan for the application; and

(b)for an EIS under the State Development Act—

(i)the EIS for each relevant activity the subject of the application has been notified under section 33 of that Act; and

(ii)for a site-specific application for a mining activity relating to a mining lease—the notification of the EIS for the mining activity under section 33 of that Act included a notification of a proposed PRC plan for the application; and

(a)for an EIS under this Act—the EIS for each relevant activity the subject of the application was notified under section 51 before the application was made; and

(b)for an EIS under the State Development Act—the EIS for each relevant activity the subject of the application was notified under section 33 of that Act before the application was made; and

(c)for an application for an environmental authority, since the EIS mentioned in paragraph (a) or (b) was notified—

(i)the environmental risks of the relevant activity and the way it will be carried out have not changed; or

(ii)if the application proposes a change to the way the relevant activity will be carried out—the administering authority is satisfied the change would not be likely to attract a submission objecting to the thing the subject of the change, if the notification stage were to apply to the change; and

(d)for a proposed PRC plan, since the notified with an EIS mentioned in paragraph (a) or (b), since the EIS was notified—

(i)a post-mining land use or non-use management area has not changed; or

(ii)the day by which rehabilitation of land to a stable condition will be achieved has not changed.

(2)The notification stage does not apply to the application.

(3)However, a properly made submission about the EIS is taken to be a properly made submission about the application.

(4)In this section—

EIS means an EIS under this Act or the State Development Act.

151When notification stage can start

(1)The applicant may start the notification stage as soon asat any time after the application stage ends for the application.

(2)However, if the application is a site-specific application for a mining activity relating to a mining lease, the applicant may start the notification stage only if there is a proposed PRC plan for the application.

152Public notice of application

(1)The applicant must give and publish a notice about the application (the application notice).

(2)The application notice must be given and published—

(a)simultaneously or together with, and in the same way as, any public notice for an application under resource legislation for a relevant tenure for the application; or

(b)if public notice is not required to be given for an application under resource legislation for a relevant tenure for the application—

(i)in a newspaper circulating generally in the area where the relevant resource activity is proposed to be carried out; and

(ii)before the day that is 10 business days after the end of the information stage for the application; or

(c)in another way prescribed under a regulation.

(3)The administering authority may decide an additional or substituted way to give or publish the application notice if it gives the applicant an information notice about the decision before the application notice is given.

(4)This section is subject to section 159.

153Required content of application notice

(1)An application notice must be in the approved form and state the following—

(a)a description of each relevant resource activity;

(b)the land on which each activity is to be carried out;

(c)for a standard or variation application—where copies of the standard conditions for the relevant activity or authority may be obtained;

(d)where the application documents may be inspected or accessed;

(e)where copies of, or extracts from, the application documents may be obtained;

(f)that any entity may make a submission to the administering authority about the application documents;

(g)the period (the submission period) during which submissions may be given;

(h)how to make a properly made submission;

(i)another matter prescribed under a regulation.

(2)Also, subsection (3) applies if the process for an EIS, for a relevant activity the subject of the application, was notified before the application was madenotification stage for the application started.

Note—

However, see section 150 if an EIS for all relevant activities the subject of the application was notified before the application was made.

(3)The application notice must state where, in the application documents mentioned in subsection (1)(d), information about the following changes between the EIS, since the EIS was notified, and the properly made applicationapplication documents, are shown—

(a)for an environmental authority—

(i)the environmental risks of the activity that have changed as a result of the proposed changes to the way the relevant activity is to be carried out; and

(ii)the proposed changes to the way the relevant activity is to be carried out;

(b)for a proposed PRC plan notified with the EIS—

(i)the proposed change to a post-mining land use or non-use management area; and

(ii)the proposed change to the day by which rehabilitation of land to a stable condition will be achieved.

(4)This section is subject to section 159.

154Submission period for application—mining activities

The submission period for an application for a mining activity must end on—

(a)if there is only 1 relevant mining tenure application—the last objection day under the Mineral Resources Act for the application; or

(b)if there is more than 1 relevant mining tenure application—the later of the last objection days under the Mineral Resources Act for the applications.

Note—

For the last objection day under the Mineral Resources Act, see section 252 of that Act.

155Submission period for application—other resource activities

The submission period for an application for a resource activity other than a mining activity can not end before the later of the following—

(a)a day or time fixed by the administering authority before the notice is published;

(b)20 business days after the application notice is published under section 152.

156Publication of application notice and documents on website

(1)This section applies for a site-specific application.

(2)The applicant must keep copies of all the following documents for the application available on a website—

(a)the application notice;

(b)the application documents;

(c)the response to any information request.

(3)A document mentioned in subsection (2) must be kept available on the website from the day the document is given to the administering authority until the end of the access period for the application.

(4)In this section—

access period see section 157(2).

157Public access to application documents

(1)The administering authority must, for all of the access period—

(a)keep the application documents for the application open for inspection by members of the public during office hours on business days at—

(i)the authority’s head office; or

(ii)the office of the authority located nearest to the land to which the application relates; or

(iii)other places the chief executive considers appropriate; and

(b)permit a person to take extracts from the application documents or, on payment of the appropriate fee to the authority, give the person a copy of the application documents, or a part of the application documents; and

(c)keep a copy of, or a link to, the application documents available on its website.

(2)In this section—

access period means the period that—

(a)starts the day after the application stage for the application ends; and

(b)ends on the earlier of the following—

(i)the day the application lapses or is withdrawn;

(ii)if the application is for a mining activity relating to a mining lease and the application is referred to the Land Court under section 185—the day a final decision about the application is made under section 194(2);

(iii)if the application is for a mining activity relating to a mining lease and the application is not referred to the Land Court—20 business days after the notice is given under section 181;

(iv)otherwise—the review date.

158Declaration of compliance

(1)The applicant must give the administering authority a declaration about whether or not the applicant has complied with the following requirements (the public notice requirements)—

(a)the notice requirements under sections 152 and 153;

(b)if the application is a site-specific application—the requirement to make a copy of the application notice and the application documents available on a website from the start of the submission period under section 156(3).

(b)if the application is a site-specific application—the requirement under section 156 to make a copy of the documents mentioned in section 156(2) available on a website.

(2)The declaration must be given within 5 business days after the submission period ends.

(3)A copy of the application notice must be attached to the declaration.

(4)The applicant is taken to have complied with the public notice requirements if—

(a)a declaration is given within the period mentioned in subsection (2); and

(b)the declaration states the applicant has complied with the requirements.

159Substantial compliance may be accepted

(1)This section applies if the applicant—

(a)has not complied with the public notice requirements; or

(b)has given a declaration under section 158(1), but not within the period mentioned in section 158(2).

(2)The administering authority must, within 10 business days after receiving the declaration, decide whether to allow the application to proceed under this part as if the noncompliance had not happened.

(3)The authority may decide to allow the application to proceed only if it is satisfied there has been substantial compliance with the public notice requirements.

(4)If the decision is that the application may proceed, the authority must, within 10 business days after the decision is made, give the applicant written notice of the decision.

(5)If the authority decides not to allow the application to proceed—

(a)any steps purportedly taken to comply with the public notice requirements are of no effect; and

(b)the authority must, within 10 business days after the decision is made—

(i)fix a substituted way to give or publish the application notice and give the applicant written notice of the substituted way; and

(ii)fix a new submission period for the application and give the applicant written notice of the period; and

(iii)give the applicant an information notice about the decision.

(6)The stated substituted way to give or publish the application notice applies instead of the requirements for giving or publishing the notice under section 152.

(7)If the administering authority states a substituted way to give or publish the application notice, section 158 applies to the applicant as if—

(a)a reference to section 152 were a reference to the notice given under subsection (5)(b)(i); and

(b)a reference to the submission period were a reference to the submission period fixed under subsection (5)(b)(ii).

(8)Despite subsection (5)(a), if the administering authority decides not to allow the application to proceed, any properly made submissions for the application continue to have effect.

160Right to make submission

(1)An entity may, within the submission period, make a submission to the administering authority about the application or a proposed PRC plan for the application.

(2)However, for an application to which section 153(3) applies, an entity may, within the submission period, make a submission to the administering authority only about the following matters relating to the application—

(a)for an environmental authority—

(i)the environmental risks of the activity that have changed as a result of the proposed changes to the way the relevant activity is to be carried out; or

(ii)the proposed changes to the way the relevant activity is to be carried out;

(b)for a proposed PRC plan—

(i)the post-mining land use or non-use management area that has changed; or

(ii)the change to the day by which rehabilitation of land to a stable condition will be achieved.

161Acceptance of submission

(1)The administering authority must accept a submission if it—

(a)is written or made electronically; and

(b)states the name and address of each submitter; and

(c)is made to the administering authority; and

(d)is received on or before the last day of the submission period; and

(e)states the grounds of the submission and the facts and circumstances relied on in support of the grounds.

(2)A submission that complies with subsection (1) is a properly made submission.

(3)The authority may accept a written submission even if it is not a properly made submission.

(4)Subsection (5) applies for an application if the process for an EIS, for a relevant activity the subject of the application, was notified before the application was madenotification stage for the application started.

Note—

However, see section 150 if an EIS for all relevant activities the subject of the application was notified before the application was made.

(5)The authority need not accept any part of the submission that the authority reasonably considers is not relevant to the matters mentioned in section 160(2)(a) or (b).

162Amendment of submission

(1)If the administering authority has accepted a submission, the entity that made the submission may, by written notice, amend or replace the submission.

(2)A notice under subsection (1) must be given to the administering authority before the submission period ends.

163Particular submissions apply for later applications

(1)This section applies if—

(a)an application is withdrawn; and

(b)within 1 year after the withdrawal, the applicant makes a later application; and

(c)each relevant activity for the later application is the same, or substantially the same, as the withdrawn application.

(2)Any properly made submission about the withdrawn application is taken to be a properly made submission about the later application.

164When does notification stage end

The notification stage for an application to which the notification stage applies ends—

(a)if the applicant gives a declaration under section 158(1) within the period mentioned in section 158(2)—when the administering authority receives the declaration; or

(b)if paragraph (a) does not apply and the administering authority decides under section 159(2) to allow the application to proceed—when notice of the decision is given under section 159(4).

165When does decision stage start—general

(1)The decision stage for an application starts when all other stages applying to the application have ended.

(2)This section only applies for an application if sections 166, 167 and 167A do not apply to the application.

166When does decision stage start—application relating to development applications

(1)This section applies if, under section 115, a development application is taken to also be an application for an environmental authority.

(2)The decision stage for the application for the environmental authority starts—

(a)if the administering authority or the planning chief executive is the assessment manager for the development application under the Planning Act—the day the decision-making period for the development application starts; or

(b)if the administering authority or the planning chief executive is a referral agency for the development application—the day the referral agency’s response period for the application starts.

167When does decision stage start—site-specific application relating to coordinated project

(1)This section applies for a site-specific application that relates to a coordinated project for which an EIS or IAR is required under the State Development Act.

(2)The decision stage for the application starts on the later of the following days—

(a)the day the Coordinator-General, under the State Development Act, gives the proponent a copy of—

(i)if an EIS was prepared for the project—the Coordinator-General’s report for the EIS; or

(ii)if an IAR was prepared for the project—the Coordinator-General’s report for the IAR;

(b)the day after all other stages applying to the application have ended.

167A Particular site-specific applications—when decision stage starts and when report about public interest evaluation is required

(1)This section applies if—

(a)there is a proposed PRC plan that includes a proposed PRCP schedule for a site-specific application and a report about a public interest evaluation has been requested for the proposed PRCP schedule under section 136A; and

(a)a site-specific application is accompanied by a proposed PRC plan that includes a proposed PRCP schedule for which a report about a public interest evaluation has been requested under section 136A; and

(b)the report has not been given to the administering authority on or before the day the decision stage would, other than for this section, have started for the application.

(2)The decision stage starts on the day the report is given to the administering authority.

(3)If an EIS has been submitted for the project the subject of the application, the administering authority may, by written notice, require the qualified entity for the report to give the administering authority the report within—

(a)a stated period of not more than 12 months; or

(b)if the administering authority decides to extend the period mentioned in paragraph (a) by not more than 6 months—the extended period.

(4)The report about the public interest evaluation must be given to the administering authority within—

(a)if subsection (3) applies—the period mentioned in subsection (3)(a) or (b); or

(b)otherwise—

(i)30 business days after the day the decision stage would, other than for this section, have started for the application; or

(ii)if the administering authority gives the applicant written notice extending the period mentioned in subparagraph (i) by not more than 10 business days—the period stated in the notice; or

(iii)if the applicant agrees to a longer period than the period mentioned in subparagraph (ii)—the agreed period.

167BDecision stage may be suspended in particular circumstances

(1)Subsections (2) to (4) apply in relation to a site-specific application accompanied byfor which there is a proposed PRC plan that includes a proposed PRCP schedule if—

(a)a report about a public interest evaluation has been given to the administering authority for land the subject of the proposed PRCP schedule; and

(b)the report includes a statement or recommendation about a non-use management area that is inconsistent with the proposed PRCP schedule.

(2)The applicant may, by written notice, ask the administering authority to suspend the assessment process to enable the applicant to change the application so it is consistent with the report.

(3)If a notice is given by the applicant under subsection (2), the application process—

(a)stops on the day the applicant gives the administering authority the written notice; and

(b)restarts on the earlier of the following days—

(i)the day notified by the applicant to the administering authority;

(ii)the day that is 18 months after the day the decision stage started for the application.

(4)Part 2, division 6 does not apply to a change to the application made solely for the purpose mentioned in subsection (2).

(5)Subsection (6) applies if, under section 316PC, an entity asks the chief executive for a review of a report about a public interest evaluation.

(6)The assessment process stops on the day the applicant or entity makes the request to the chief executive, and restarts on the day the reviewing entity gives notice of its decision about the report under section 316PC(5)(b).

168When decision must be made—generally

(1)If section 169 does not apply, a decision under subdivision 2 must be made within—

(a)if the applicationthere is accompanied by a proposed PRC plan for the application—30 business days after the day the decision stage for the application starts; or

(b)otherwise—20 business days after the day the decision stage for the application starts.

(2)The administering authority may, by written notice given to the applicant and without the applicant’s agreement, extend the period mentioned in subsection (1) by not more than the number of business days stated for making the decision under subsection (1).

(3)Only 1 notice may be given under subsection (2) for the application and it must be given before the period ends.

(4)However, the period may be further extended if the applicant, at any time before the decision is made, gives written agreement to the extension.

(5)If the applicant has also applied under section 318F to be registered as a suitable operator for the carrying out of the environmentally relevant activity—

(a)the chief executive must not decide the application for the environmental authority before deciding the application under section 318F; and

(b)for subsection (1), the decision stage for the application for the environmental authority is taken not to have started until the day the application under section 318F is decided.

169When decision must be made—particular applications

(1)This section applies if, under section 115, a development application is taken to also be an application for an environmental authority.

(2)If the administering authority or the planning chief executive is the assessment manager for the development application under the Planning Act, the administering authority must make a decision under subdivision 2 within the decision-making period for the development application, including any extension of the period.

(3)If the administering authority or the planning chief executive is a referral agency for the development application, the administering authority must make a decision under subdivision 2 within the referral agency’s response period for the development application, including any extension of the period.

170Deciding standard application

(1)This section applies for a standard application.

(2)The administering authority must decide—

(a)that the application be approved subject to the standard conditions for the relevant activity or authority; or

(b)if the application is for a mining activity relating to a mining lease and a properly made submission is made for the application—that the applicant be issued an environmental authority on conditions that are different to the standard conditions for the activity or authority.

(3)However, the administering authority may only make a decision under subsection (2)(b) if the properly made submission relates to the subject of the standard condition to be changed.

171Deciding variation application

(1)This section applies for a variation application.

(2)The administering authority must decide—

(a)that the application be approved subject to conditions that are different to the standard conditions for the activity or authority; or

(b)that the applicant be issued an environmental authority subject to the standard conditions for the activity or authority.

172Deciding site-specific application and approving PRCP schedule

(1)This section applies for a site-specific application.

(2)The administering authority must decide that the application—

(a)be approved subject to conditions; or

(b)be refused.

(3)If the site-specific applicationthere is accompanied by a proposed PRC plan for the application, before making a decision under subsection (2), the administering authority must decide—

(a)to approve the proposed PRCP schedule for the plan, with or without conditions; or

(b)to refuse the proposed PRCP schedule.

(4)If the administering authority refuses the proposed PRCP schedule, the administering authority must also refuse the application under subsection (2).

173When particular applications must be refused

(1)The administering authority must refuse an application if the applicant is not a registered suitable operator.

(2)Subsection (3) applies to a development application if, under section 115, the application is taken to also be an application for an environmental authority and either of the following applies—

(a)the administering authority or planning chief executive is a referral agency for the development application and directs the assessment manager for the application to—

(i)refuse the application; or

(ii)give any development approval only as a preliminary approval;

(b)the administering authority or planning chief executive is the assessment manager for the development application and decides to—

(i)refuse the application; or

(ii)give a preliminary approval even though the development application sought a development permit.

(3)The administering authority must refuse the application for an environmental authority.

(4)This section applies despite sections 170, 171 and 172.

(5)In this section—

preliminary approval means a preliminary approval under the Planning Act.

175Criteria for decision—standard application

(1)This section applies for a standard application for a mining activity relating to a mining lease if a properly made submission is made for the application.

(2)In deciding the application, the administering authority must—

(a)comply with any relevant regulatory requirement; and

(b)subject to paragraph (a), have regard to each of the following—

(i)the application;

(ii)the standard conditions for the relevant activity or authority;

(iii)the standard criteria.

176Criteria for decision—variation or site-specific application

(1)This section applies for a variation or site-specific application.

(2)In deciding the application, the administering authority must—

(a)comply with any relevant regulatory requirement; and

(b)subject to paragraph (a), have regard to each of the following—

(i)the application;

(ii)any standard conditions for the relevant activity or authority;

(iii)any response given for an information request;

(iv)the standard criteria.

(3)Despite subsection (2)(b), if the application is a variation application, the matters mentioned in subsection (2)(b) may only be considered to the extent they relate to the subject of the condition to be changed.

176ACriteria for decision—proposed PRCP schedule

(1)This section applies if a site-specific applicationthere is accompanied by a proposed PRC plan for a site-specific application.

(2)In deciding whether to approve the proposed PRCP schedule for the plan, the administering authority must—

(a)comply with any relevant regulatory requirement; and

(b)subject to paragraph (a), have regard to each of the following—

(i)the site-specific application;

(ii)the proposed PRC plan;

(iii)any response given for an information request for the proposed PRC plan;

(iv)the standard criteria;

(v)the guidelines under section 550.;

(vi)any relevant advice, report or guidance published by the rehabilitation commissioner under section 444K.

(3)The administering authority must not approve the proposed PRCP schedule unless—

(a)each proposed non-use management area under the schedule has been properly identified as a non-use management area; and

(b)if a public interest evaluation is required for a proposed non-use management area under the schedule—the report for the evaluation recommends it is in the public interest to approve the area as a non-use management area; and

(c)the administering authority is satisfied the schedule provides for all land the subject of the schedule to be—

(i)rehabilitated to a stable condition; or

(ii)managed as a non-use management area in a way that achieves best practice management of the area and minimises risks to the environment.

177Automatic decision for standard application in particular circumstances

If the administering authority does not decide a standard application within the period required under subdivision 1 for the application—

(a)the administering authority is taken to have decided to approve the application on the standard conditions for the relevant activity or authority under section 170(2)(a); and

(b)the decision is taken to have been made on the last day of the period.

178Automatic decision for variation application in particular circumstances

If the administering authority does not decide a variation application within the period required under subdivision 1 for the application—

(a)the administering authority is taken to have decided to issue an environmental authority subject to the standard conditions for the activity or authority under section 171(2)(b); and

(b)the decision is taken to have been made on the last day of the period.

179Automatic decision for site-specific application in particular circumstances

If the administering authority does not decide a site-specific application within the period required under subdivision 1 for the application—

(a)the administering authority is taken to have refused the application under section 172(2)(b); and

(b)the decision is taken to have been made on the last day of the period.

180Application of div 3

This division applies for an application for a mining activity relating to a mining lease.

181Notice of decision

(1)Within 5 business days after making a decision under division 2, subdivision 2, the administering authority must give the applicant and any submitters written notice of the decision.

(2)The notice must—

(a)state the decision and the reasons for the decision; and

(b)if the decision is to approve the application or is a decision under section 170(2)(b)—

(i)for an application for an environmental authority—be accompanied by a draft environmental authority in the approved form; and

(ii)for a proposed PRC plan accompanyingfor the application for the environmental authority—be accompanied by the draft PRCP schedule for the plan; and

(iii)state that a submitter may, by written notice given to the administering authority, ask that its submission be taken to be an objection to the application or proposed PRC plan; and

(c)state the applicant may, by written notice given to the administering authority, ask the administering authority to refer the application, including an accompanyingor a proposed PRC plan for the application, to the Land Court.

182Submitter may give objection notice

(1)This section applies if the administering authority decides to approve the application or makes a decision under section 170(2)(b).

(2)A submitter may, by written notice (the objection notice) to the administering authority, request that its submission be taken to be an objection to the application.

(3)The objection notice must—

(a)be given to the administering authority within 20 business days after the notice under section 181(1) is given; and

(b)state the grounds for the objection.

(4)The objection notice ceases to have effect if the objection notice is withdrawn by giving written notice to—

(a)the administering authority; and

(b)the Land Court.

183Applicant may request referral to Land Court

(1)The applicant may, by written notice to the administering authority, request that the administering authority refer the application to the Land Court.

(2)The request must be given to the administering authority within 20 business days after the notice under section 181(1) is given.

(3)This section does not apply for a decision made by the administering authority to refuse an application under section 173(1).

184Application of sdiv 3

This subdivision applies to an application for a mining activity relating to a mining lease if—

(a)an objection notice for a submission about the application is given to the administering authority under section 182(2); or

(b)the applicant has requested under section 183(1) that the application be referred to the Land Court.

185Referral to Land Court

(1)The administering authority must refer the application to the Land Court for a decision under this subdivision (the objections decision), unless the application is referred to the Land Court under the Mineral Resources Act, section 265.

(2)The referral must be made within 10 business days after (but not before) the last day on which an objection notice for the application may be given to the administering authority under subdivision 2.

(3)The referral must be made by filing with the registrar of the Land Court—

(a)a notice, in the approved form, referring the application to the Land Court; and

(b)a copy of the application; and

(c)a copy of any response to an information request; and

(d)a copy of any submission for the application; and

(e)a copy of the notice given under section 181(1), including any draft environmental authority for the application; and

(f)a copy of any objection notice given under section 182(2); and

(g)a copy of any request for referral made by the applicant under section 183.

(4)The referral starts a proceeding before the Land Court for it to make the objections decision.

186Parties to Land Court proceedings

The parties to the Land Court proceeding are as follows—

(a)the administering authority;

(b)the applicant;

(c)any objector for the application;

(d)anyone else decided by the Land Court.

187Notice of referral

The administering authority must, within 10 business days after making the referral—

(a)give the applicant a copy of—

(i)the notice mentioned in section 185(3)(a); and

(ii)if an objection notice was given—the objection notice and the submission to which the objection notice relates; and

(b)give any objector a copy of the notice mentioned in section 185(3)(a).

188Objections decision hearing

(1)The Land Court may, of its own initiative, make orders or directions it considers appropriate for a hearing for the objections decision (the objections decision hearing).

(2)However, the Land Court must make an order or direction that the objections decision hearing happen at the same time as a hearing for an application for the grant of a mining lease and any objections to the grant under the Mineral Resources Act, section 268 for the relevant mining tenure.

188AStriking out objection notices

(1)This section applies to the extent an objection notice is—

(a)outside the jurisdiction of the Land Court; or

(b)frivolous or vexatious; or

(c)otherwise an abuse of the process of the Land Court.

(2)Despite section 185(1), the Land Court may, at any stage of the hearing, strike out all or part of the objection notice.

189Land Court mediation of objections

(1)At any time before the objections decision is made, any party to the proceeding may ask the Land Court to conduct or provide mediation for the objector’s submission.

(2)The mediation must be conducted by the Land Court or a mediator chosen by the Land Court.

190Requirements for objections decision

(1)An objections decision for an application for an environmental authority must be a recommendation to the administering authority that—

(a)if a draft environmental authority was given for the application—

(i)the application be approved on the basis of the draft environmental authority for the application; or

(ii)the application be approved, but on stated conditions that are different from the conditions in the draft environmental authority; or

(iii)the application be refused; or

(b)if a draft environmental authority was not given for the application—

(i)the application be approved subject to conditions; or

(ii)the application be refused.

(2)An objections decision for a proposed PRC plan accompanyingfor the application for the environmental authority must be a recommendation to the administering authority that the draft PRCP schedule for the plan—

(a)be approved, with or without stated conditions; or

(b)be refused.

(3)However, if a relevant mining lease is, or is included in, a coordinated project, any stated conditions under subsection (1)(a)(ii) or (b)(i) or (2)(a)—

(a)must include the Coordinator-General’s conditions; and

(b)can not be inconsistent with the Coordinator-General’s conditions.

191Matters to be considered for objections decision

In making the objections decision for the application, the Land Court must consider the following—

(a)the application;

(b)any response given for an information request;

(c)any standard conditions for the relevant activity or authority;

(d)any draft environmental authority or draft PRCP schedule for the application;

(e)any objection notice for the application;

(f)any relevant regulatory requirement;

(g)the standard criteria;

(h)the status of any application under the Mineral Resources Act for each relevant mining tenure.

192Notice of objections decision

The Land Court must, as soon as practicable after the objections decision is made, give a copy of the decision to—

(a)the MRA Minister; and

(b)if a relevant mining lease is, or is included in, a coordinated project—the State Development Minister.

193Advice from MRA and State Development Ministers about objections decision

(1)This section applies if the MRA Minister or State Development Minister is given a copy of the objections decision under section 192.

(2)The MRA Minister or State Development Minister must advise the administering authority about any matter the MRA Minister or State Development Minister considers may help the administering authority to make a decision under subdivision 4 about the application.

(3)The advice must be given within the period ending at the later of the following—

(a)10 business days after the copy of the decision is received;

(b)if the relevant Minister and the administering authority have, within the 10 business days, agreed to a longer period—the longer period.

(4)In giving the advice, the MRA Minister or State Development Minister may seek advice from any entity.

(5)A contravention of this section does not invalidate—

(a)a decision made about an application under subdivision 4; or

(b)an environmental authority issued under division 4 for the application.

194When administering authority must make final decision on application

(1)The administering authority must make a final decision under section 194A for an application if—

(a)the administering authority referred the application to the Land Court under section 185 and an objections decision is made about the application; or

(b)the administering authority referred the application to the Land Court under section 185 because of an objection notice but, before an objections decision is made about the application, all objection notices for the application are struck out or withdrawn.

(2)The final decision must be made—

(a)if the MRA Minister or State Development Minister is given a copy of the objections decision under section 192—

(i)if the applicationthere is accompanied by a proposed PRC plan for the application—within 20 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193; or

(ii)otherwise—within 10 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193; or

(b)if paragraph (a) does not apply—

(i)if the applicationthere is accompanied by a proposed PRC plan for the application—within 20 business days after receipt by the administering authority of notice under section 182(4) that the last remaining objection notice for the application is withdrawn; or

(ii)otherwise—within 10 business days after receipt by the administering authority of notice under section 182(4) that the last remaining objection notice for the application is withdrawn.

194A Final decision on application

(1)The administering authority’s final decision on an application for an environmental authority must be—

(a)if a draft environmental authority was given for the application—

(i)the application be approved on the basis of the draft environmental authority for the application; or

(ii)the application be approved, but on stated conditions that are different from the conditions in the draft environmental authority; or

(iii)the application be refused; or

(b)if a draft environmental authority was not given for the application—

(i)the application be approved subject to conditions; or

(ii)the application be refused.

(2)The administering authority’s final decision on a proposed PRC plan accompanyingfor the application for the environmental authority must be—

(a)the draft PRCP schedule for the plan be approved, with or without conditions; or

(b)the draft PRCP schedule be refused.

(3)If the administering authority refuses to approve a draft PRCP schedule for a proposed PRC plan accompanyingfor an application for an environmental authority, the administering authority must also refuse the application for the environmental authority.

194B Matters to be considered in making final decision

(1)In making a final decision on an application under section 194A, the administering authority must—

(a)have regard to—

(i)any objections decision for the application; and

(ii)advice given by the MRA Minister or State Development Minister to the administering authority under section 193; and

(iii)if a draft environmental authority was given for the application, or conditions were stated for the draft PRCP schedule for the proposed PRC plan accompanyingfor the application—the draft environmental authority or conditions; and

(b)if a draft environmental authority was not given for the application, or conditions were not stated for the draft PRCP schedule—

(i)comply with relevant regulatory requirements; and

(ii)subject to subparagraph (i), have regard to each matter mentioned in subsection (2).

(2)For subsection (1)(b)(ii), the matters are—

(a)the application; and

(b)if the application is for an environmental authority—the standard conditions for the relevant activity or authority; and

(c)a response given to an information request for the application; and

(d)the standard criteria.

195Issuing environmental authority or PRCP schedule

(1)This section applies if the administering authority—

(a)decides to approve an application for an environmental authority; or

(b)decides to approve a draft PRCP schedule for a proposed PRC plan; or

(c)makes a decision under section 170(2)(b) or 171(2)(b).

(2)The administering authority must, within the period stated in section 196—

(a)for a decision mentioned in subsection (1)(a) or (c)—issue an environmental authority to the applicant; or

(b)for a decision mentioned in subsection (1)(b)—issue a PRCP schedule to the applicant.

196Requirements for issuing environmental authority or PRCP schedule

For section 195(2), the period within which an environmental authority or PRCP schedule must be issued is—

(a)if the application is referred to the Land Court under section 185—within 5 business days after a final decision for the application and schedule is made under section 194; or

(b)if notice of the decision is given under section 181 and the application is not referred to the Land Court under section 185—within 25 business days after the notice is given under section 181; or

(c)for an application for a development approval that, under section 115, is taken to be an application for an environmental authority—

(i)if the administering authority is the assessment manager for the development application—when the decision notice is given under the Planning Act for the development application; or

(ii)if the administering authority is a referral agency for the development application—when the administering authority gives its referral agency’s response under the Planning Act to the applicant for the development application; or

(iii)if the planning chief executive is a referral agency for the development application—within 5 business days after the planning chief executive gives its referral agency’s response under the Planning Act to the applicant for the development application; or

(iv)if the planning chief executive is the assessment manager for the development application—within 5 business days after the planning chief executive gives the applicant a decision notice under the Planning Act for the development application;

(d)otherwise—within 5 business days after the decision mentioned in section 194(2) is made.

197Including environmental authorities and PRC plans in register

After an environmental authority or PRCP schedule is issued, the administering authority must include a copy of the environmental authority or PRC plan for the PRCP schedule in the relevant register.

198Information notice about particular decisions

(1)Subsection (2) applies if the administering authority—

(a)decides to refuse an application; or

(b)decides to impose a condition on an environmental authority and the applicant has not agreed in writing to the condition or a condition to the same effect.

(2)The authority must give the applicant an information notice about the decision.

(3)The information notice must be given—

(a)for a decision mentioned in subsection (1)(a)—within 10 business days after the decision is made; or

(b)for a decision mentioned in subsection (1)(b)—when the environmental authority is issued to the applicant.

(4)If the administering authority decides to approve an application, it must, within 10 business days after the decision is made, give any submitter for the application an information notice about the decision.

(5)This section does not apply for a decision about an application for a mining activity relating to a mining lease.

199Requirements for environmental authority

An environmental authority must—

(a)be in the approved form; and

(b)contain all conditions imposed on the authority; and

(c)identify any conditions that are standard conditions.

200When environmental authority takes effect

(1)An environmental authority has effect—

(a)if the authority is for a prescribed ERA and it states that it takes effect on the day nominated by the holder of the authority in a written notice given to the administering authority—on the nominated day; or

(b)if the authority states a day or an event for it to take effect—on the stated day or when the stated event happens; or

(c)otherwise—on the day the authority is issued.

Note—

See section 297 for conditions about when the holder of an environmental authority for a resource activity must not carry out, or allow the carrying out, of the activity under the authority.

(2)However, the day an environmental authority takes effect may not be before—

(a)if the authority is for a resource activity—the day the relevant tenure is granted to the applicant; or

(b)if a development permit for a material change of use of premises is necessary under the Planning Act for carrying out an activity that relates to the authority—the day the development permit takes effect; or

(c)if an SDA approval under the State Development Act is necessary under that Act for carrying out an activity that relates to the authority—the day the approval takes effect.

201Term of environmental authority

(1)An environmental authority continues in force until the earlier of the following to happen—

(a)if the environmental authority states it will lapse after a stated period—the end of the stated period;

(b)the authority is cancelled, surrendered or suspended under this chapter.

(2)To remove any doubt, it is declared that an environmental authority continues in force in relation to an ERA carried out on land identified by reference to a resource tenure even if the resource tenure expires or is cancelled.

202Environmental authority includes conditions

An environmental authority includes the conditions of the authority.

Note—

The Environmental Offsets Act 2014, part 6, states further conditions that apply to an environmental authority and those further conditions are called deemed conditions. A breach of a deemed condition may be dealt with under this Act.

202A Requirements for PRCP schedule

A PRCP schedule must—

(a)be in the approved form; and

(b)contain all conditions imposed on the schedule.

202B When PRCP schedule takes effect

A PRCP schedule has effect on the day the environmental authority for carrying out relevant activities on land to which the schedule relates takes effect.

202C Term of PRCP schedule

(1)A PRCP schedule continues in force until the environmental authority for the relevant activities to which the PRCP schedule relates is cancelled or surrendered.

(2)To remove any doubt, it is declared that a PRCP schedule continues in force—

(a)in relation to a relevant activity carried out on land identified by reference to a resource tenure, even if the resource tenure expires or is cancelled; and

(b)even if the environmental authority for carrying out a relevant activity on land to which the PRCP schedule relates is suspended under part 11 or 11A.

202D PRCP schedule includes conditions

A PRCP schedule includes the conditions imposed on the schedule.

202E Environmental authority overrides PRCP schedule

If there is an inconsistency between an environmental authority and a PRCP schedule, the environmental authority prevails to the extent of the inconsistency.

203Conditions generally

(1)The administering authority may only impose a condition on an environmental authority, draft environmental authority, PRCP schedule or draft PRCP schedule if—

(a)it considers the condition is necessary or desirable; and

(b)if the authority is for an application to which section 115 applies—the condition relates to the carrying out of the relevant prescribed ERA.

(2)Despite subsection (1), if a regulatory requirement requires the administering authority to impose a condition, the administering authority must impose the condition.

(3)Subsection (1) only applies for a proposed condition for an environmental authority given for a standard application if—

(a)the application relates to a mining lease; and

(b)a properly made submission was made for the application; and

(c)the condition is not a standard condition for the relevant activity or authority.

204Conditions that must be imposed for standard or variation applications

(1)Subsection (2) applies for an environmental authority or draft environmental authority given for a standard or variation application.

(2)The administering authority must impose on the authority a condition requiring the holder of the authority to take all reasonable steps to ensure the relevant activity complies with the eligibility criteria for the activity.

(3)A condition imposed under subsection (2) is taken to be a standard condition imposed on the authority.

205Conditions that must be imposed if application relates to coordinated project

(1)This section applies for an application if—

(a)the administering authority decides to approve the application, or a PRCP schedule for a proposed PRC plan accompanyingfor the application, subject to conditions; and

(b)the application relates to a coordinated project.

(2)The administering authority must impose on the environmental authority, draft environmental authority, PRCP schedule or draft PRCP schedule any conditions for the authority or schedule stated in the Coordinator-General’s report for the EIS or IAR for the project as conditions for the relevant activity (Coordinator-General’s conditions).

Note—

In evaluating an EIS under the State Development Act, the Coordinator-General may state conditions mentioned in section 34D(3)(b) of that Act.

(3)However, if a report for a public interest evaluation for an area of land identified as a non-use management area in the PRCP schedule or draft PRCP schedule includes a recommendation that is inconsistent with the Coordinator-General’s conditions, the conditions imposed by the administering authority must be consistent with the report.

(4)Any other condition imposed on the authority or PRCP schedule can not be inconsistent with a Coordinator-General’s condition.

206Environmental authority for particular resource activities includes condition prohibiting use of restricted stimulation fluids

(1)This section applies for an environmental authority issued for a resource activity other than a mining activity.

(2)The environmental authority is taken to include a condition prohibiting the use of restricted stimulation fluids.

Example for subsection (2)—

the use of hydrocarbon chemicals to stimulate the fracturing of coal seams

(3)The condition mentioned in subsection (2) is taken to be a standard condition imposed on the environmental authority.

(4)In this section—

restricted stimulation fluids means fluids used for the purpose of stimulation, including fracturing, that contain the following chemicals in more than the maximum amount prescribed under a regulation—

(a)petroleum hydrocarbons containing benzene, ethylbenzene, toluene or xylene;

(b)chemicals that produce, or are likely to produce, benzene, ethylbenzene, toluene or xylene as the chemical breaks down in the environment.

206A Conditions for PRCP schedules

(1)It is a condition of a PRCP schedule that, in carrying out a relevant activity under the schedule, the holder must comply with a requirement stated in the environmental authority relevant to carrying out the activity.

(2)Also, it is a condition of a PRCP schedule that the holder must comply with the following matters stated in the schedule—

(a)each rehabilitation milestone and management milestone;

(b)when each rehabilitation milestone and management milestone is to be achieved.

(3)Without limiting the conditions that may be imposed on a PRCP schedule or proposed PRCP schedule, a condition may require the holder of the schedule to give the administering authority written notice (a statement of compliance) about a document or work relating to a relevant activity.

(4)The condition mentioned in subsection (1) applies for a requirement stated in the environmental authority even if the environmental authority is suspended.

207Conditions that may be imposed on environmental authority

(1)A condition imposed on an environmental authority or draft environmental authority may—

(a)be a standard condition for the authority or the relevant activity; or

(b)require the holder of the authority to give the administering authority a written notice (a statement of compliance) about a document or work relating to a relevant activity; or

(c)require or otherwise relate to an environmental offset (an environmental offset condition); or

(d)for an authority or draft authority for an environmentally relevant activity carried out on land in the Great Barrier Reef catchment—be a Great Barrier Reef water quality offset condition; or

(e)relate to access to land on which the relevant activity for the authority is being carried out; or

(f)relate to rehabilitating or remediating environmental harm because of a relevant activity, other than a relevant activity to which a PRCP schedule applies; or

(g)relate to action taken to prevent environmental harm because of a relevant activity; or

(h)relate to the exercise of underground water rights.

Note—

For conditions about ERC decisions and financial assurance, see sections 297 and 308.

(2)Subsection (1) does not limit the conditions that may be imposed on an authority.

(3)A condition imposed on an authority may state that the condition continues to apply after the authority has ended or ceased to have effect.

(4)Also, a condition imposed on an authority may restrict, or impose requirements on, the carrying out of the relevant activity.

208Condition requiring statement of compliance

(1)This section applies if a condition of an environmental authority, draft environmental authority, PRCP schedule or proposed PRCP schedule requires the holder to give the administering authority a statement of compliance about a document or work relating to a relevant activity.

(2)The condition must also state—

(a)the criteria (the compliance criteria) the document or work must comply with; and

(b)that the statement of compliance must state whether the document or work complies with the compliance criteria; and

(c)the information (the supporting information) that must be provided to the administering authority to demonstrate compliance with the compliance criteria; and

(d)when the statement of compliance and supporting information must be given to the administering authority.

209Environmental offset conditions

(1)An environmental offset condition may require an environmental offset to be carried out on land on which a relevant activity for the environmental authority is carried out or on other land in the State.

(3)If the environmental authority holder has entered into an agreement about an environmental offset for this section, an environmental offset condition may require the holder to comply with the agreement.

(4)The environmental authority holder may enter into an agreement with the administering authority or another entity to establish the obligations, or secure the performance, of a party to the agreement about a condition.

(5)A reference in subsection (3) or (4) to the holder of an environmental authority entering into an agreement includes the holder entering into an agreement before the environmental authority is issued.

(6)An agreement entered into under subsection (3) or (4) is not an environmental offset agreement under the Environmental Offsets Act 2014.

210Inconsistencies between particular conditions of environmental authorities

(1)This section applies if—

(a)an environmental authority contains conditions identified in the authority as standard conditions and other conditions (the non-standard conditions); and

(b)there is any inconsistency between the standard conditions and the non-standard conditions.

(2)The non-standard conditions prevail to the extent of the inconsistency.

211Corrections

The administering authority may amend an environmental authority or PRCP schedule to correct a clerical or formal error if—

(a)the amendment does not adversely affect the interests of the holder or anyone else; and

(b)the holder has been given written notice of the amendment.

212Amendment to reflect NNTT conditions

(1)This section applies for an environmental authority or PRCP schedule for a mining or petroleum activity.

(2)The administering authority may amend the environmental authority or impose conditions on the PRCP schedule to ensure compliance with conditions included in a determination made by the NNTT under the Commonwealth Native Title Act, section 38(1)(c).

(3)The administering authority must give written notice of the amendment or conditions to the holder of the environmental authority or PRCP schedule.

212AAmendment to reflect regional interests development approval conditions

(1)This section applies if an environmental authority or PRCP schedule for a resource activity or regulated activity is inconsistent with a regional interests development approval for the activity under the Regional Planning Interests Act 2014.

(2)The administering authority may amend the environmental authority or PRCP schedule to ensure it is consistent with the regional interests development approval.

(3)The administering authority must give written notice of the amendment to the holder of the environmental authority or PRCP schedule.

(4)A reference in this section to an environmental authority, PRCP schedule or a regional interests development approval includes a reference to a condition of the authority, schedule or approval.

(5)In this section—

regulated activity see the Regional Planning Interests Act 2014, section 17.

213Amendment of environmental authorities to reflect new standard conditions

(1)This section applies if—

(a)an environmental authority (the existing authority) is subject to conditions identified in the authority as standard conditions (the existing standard conditions) for the activity or authority; and

(b)after the existing authority is issued, the chief executive makes an ERA standard providing for standard conditions for the activity; and

(c)the ERA standard states that the standard conditions apply to existing authorities that are subject to standard conditions for the activity; and

(d)the new standard conditions are different to the existing standard conditions.

(2)The administering authority may amend the existing authority to replace the existing standard conditions with the new standard conditions.

(3)The administering authority must give written notice of the amendment to the environmental authority holder.

(4)The amendment of the environmental authority does not take effect until 1 year after the administering authority gives the holder notice under subsection (3).

215Other amendments

(1)The administering authority may amend an environmental authority or PRCP schedule at any time if—

(a)it considers the amendment is necessary or desirable because of a matter mentioned in subsection (2) and the procedure under division 2 is followed; or

(b)the holder of the authority or schedule has agreed in writing to the amendment.

(2)For subsection (1)(a), the matters are the following—

(a)a contravention of this Act or an environmental offence committed by the holder;

(b)for an environmental authority issued for a standard application or variation application—the relevant activity does not comply with the eligibility criteria for the activity;

(c)for an environmental authority—

(i)another entityperson becomes a holder of the authority; or

(ii)another entity becomes a holding company of a holder of the authority;

(d)the authority was issued or schedule was approved because of a materially false or misleading representation or declaration, made either orally or in writing;

(e)for an environmental authority—the authority was issued on the basis of a miscalculation of—

(i)the environmental values affected or likely to be affected by the relevant activity; or

(ii)the quantity or quality of contaminant permitted to be released into the environment; or

(iii)the effects of the release of a quantity or quality of contaminant permitted to be released into the environment;

(f)the issue of a temporary emissions licence;

(g)the approval of an environmental protection policy or the approval of an amendment of an environmental protection policy;

(h)for a PRCP schedule—an audit report for the schedule given to the administering authority under part 12;

(i)an environmental audit, investigation or report under chapter 7, part 2;

(j)the amendment or withdrawal of an environmental protection order;

(k)a compliance statement given under this chapter;

(l)a report made by or for, or approved by, a recognised entity if the report—

(i)is relevant to the authority or schedule, or a relevant activity carried out under the authority or schedule; and

(ii)if the administering authority is not the chief executive—has been accepted by the chief executive;

(m)an annual return required under part 15, division 1;

(n)a significant change in the way in which, or the extent to which, the activity is being carried out;

Example of significant change for paragraph (n)—

The conditions of an environmental authority for a mining activity authorised under a mining lease were imposed on the basis that a particular method for removing contaminants from a waste stream for a relevant mining activity would be used. The mining lease is transferred and the transferee changes the method.

(o)for an environmental authority or PRCP schedule for a resource activity—a relevant tenure (the old tenure) for the authority or schedule is replaced with a new resource tenure of the same type for all or part of the old tenure’s area under the resource legislation;

(p)for an environmental authority—a surrender application under part 10 is approved for a partial surrender of the authority;

(q)for an environmental authority for a resource activity—an underground water impact report under the Water Act 2000, chapter 3, identifies impacts, or potential impacts, on an environmental value;

(r)another circumstance prescribed by regulation.

(3)An amendment because of a matter mentioned in subsection (2)(c) may only be to impose a condition under section 308 requiring the holder of the environmental authority to give the administering authority financial assurance.

216Application of div 2

This division applies if the administering authority proposes to amend an environmental authority or PRCP schedule, other than—

(a)to make an amendment under section 211, 212 or 213; or

(b)with the written agreement of the holder of the environmental authority or PRCP schedule.

217Notice of proposed amendment

(1)The administering authority must give the holder of the environmental authority or PRCP schedule a written notice (the proposed amendment notice) stating the following—

(a)the amendment (the proposed amendment) the administering authority proposes to make;

(b)the grounds for the proposed amendment;

(c)the facts and circumstances that are the basis for the grounds;

(d)that the holder may, within a stated period, make written representations to show why the proposed amendment should not be made.

(2)The stated period must end at least 20 business days after the holder is given the proposed amendment notice.

(3)The proposed amendment notice must be accompanied by a copy of the environmental authority or PRCP schedule showing the changes.

218Considering representations

The administering authority must consider any written representation made within the period stated in the proposed amendment notice by the holder of the environmental authority or PRCP schedule.

219Decision on proposed amendment

(1)If, after complying with section 218, the administering authority still believes a ground exists to make the proposed amendment, it may make the amendment.

(2)The decision under subsection (1) is the amendment decision.

(3)If the administering authority at any time decides not to make the proposed amendment, it must promptly give the holder written notice of the decision.

220Notice of amendment decision

The administering authority must, within 10 business days after the amendment decision is made, give the holder of the environmental authority or PRCP schedule an information notice about the decision.

221Steps for amendment

(1)Subsection (2) applies if the administering authority amends an environmental authority or PRCP schedule under this part.

(2)The administering authority must, within the relevant period—

(a)amend the environmental authority or PRCP schedule to give effect to the amendment; and

(b)issue the amended environmental authority or PRCP schedule to the holder; and

(c)include a copy of the amended environmental authority or PRCP schedule in the relevant register.

(3)In this section—

relevant period means—

(a)if the administering authority gives a notice under section 211, 212(3) or 213(3)—10 business days after the notice is given; or

(b)if the administering authority amends the environmental authority or PRCP schedule with the holder’s agreement—10 business days after the agreement is given; or

(c)if the administering authority gives notice of an amendment decision under section 220—10 business days after the notice is given.

222Exclusions from amendment under pt 7

The requirements of this part do not apply for—

(a)a partial surrender of an environmental authority allowed under section 261; or

(b)an amendment under which the holder of 2 or more environmental authorities seeks an amalgamated environmental authority for all activities for the authorities; or

(c)a transfer by the holder of all or part of an environmental authority to an entitya person.

223Definitions for part

In this part—

condition conversion, for an environmental authority, means an amendment replacing all of the conditions of the authority with the standard conditions for the environmentally relevant activity to which the authority relates.

major amendment, for an environmental authority or PRCP schedule, means an amendment that is not a minor amendment.

minor amendment, for an environmental authority or PRCP schedule, means an amendment that is—

(a)for an environmental authority—

(i)a condition conversion; or

(ii)a minor amendment (threshold); or

(b)for a PRCP schedule—a minor amendment (PRCP threshold).

minor amendment (PRCP threshold), for a PRCP schedule, means an amendment that—

(a)does not change a post-mining land use or non-use management area; or

(b)does not affect whether a stable condition will be achieved for land under the schedule; or

(c)does not change the way a post-mining land use will be achieved, or a non-use management area will be managed, in a way likely to result in significantly different impacts on environmental values compared to the impacts on the values under the schedule before the change; or

(d)does not relate to a new mining tenure for the schedule; or

(e)does not change when a rehabilitation milestone or management milestone will be achieved by more than 5 years after the time stated in the schedule when it was first approved; or

(f)does not extend the day by which rehabilitation of land to a stable condition will be achieved.

minor amendment (threshold), for an environmental authority, means an amendment that—

(a)is not a change to a condition identified in the authority as a standard condition, other than—

(i)a change that is a condition conversion; or

(ii)a change that is not a condition conversion but that replaces a standard condition of the authority with a standard condition for the environmentally relevant activity to which the authority relates; and

(b)does not significantly increase the level of environmental harm caused by the relevant activity; and

(c)does not change any rehabilitation objectives stated in the authority in a way likely to result in significantly different impacts on environmental values than the impacts previously permitted under the authority; and

(d)does not significantly increase the scale or intensity of the relevant activity; and

(e)does not relate to a new relevant resource tenure for the authority that is—

(i)a new mining lease; or

(ii)a new petroleum lease; or

(iii)a new geothermal lease under the Geothermal Energy Act; or

(iv)a new GHG injection and storage lease under the GHG storage Act; and

(f)involves an addition to the surface area for the relevant activity of no more than 10% of the existing area; and

(g)for an environmental authority for a petroleum activity—

(i)involves constructing a new pipeline that does not exceed 150km; or

(ii)involves extending an existing pipeline so that the extension does not exceed 10% of the existing length of the pipeline; and

(h)if the amendment relates to a new relevant resource tenure for the authority that is an exploration permit or GHG permit—seeks, in the amendment application under section 224, an amended environmental authority that is subject to the standard conditions for the relevant activity or authority, to the extent it relates to the permit.

properly made amendment application see section 227AAA.

224Who may apply

The holder of an environmental authority or PRCP schedule may, at any time, apply to the administering authority to amend the environmental authority or PRCP schedule (an amendment application).

Examples of when the holder may wish to make an amendment application—

•an environmental authority or PRCP schedule has been issued for a resource project and the holder proposes to carry out additional resource activities as part of the project

•to complement an application under the P&G Act, chapter 4, part 6 to amend a relevant pipeline licence

225Amendment application can not be made in particular circumstances

(1)Despite section 224, an amendment application for an environmental authority for a prescribed ERA can not be made if—

(a)the proposed amendment involves changes to the relevant activity; and

(b)a development permit for a material change of use of premises is necessary under the Planning Act for the carrying out of the changed activity; and

(c)neither of the following applications has been made under the Planning Act—

(i)a development application for a development permit mentioned in paragraph (b);

(ii)a change application to change a development permit to authorise a material change of use of premises in relation to the changed activity.

(2)Also, despite section 224, an amendment application for an environmental authority can not be made if—

(a)the proposed amendment is to add an environmentally relevant activity; and

(b)if the amendment application were approved, the addition of the activity would result in the environmental authority applying to activities that were not being carried out as an ERA project.

226Requirements for amendment applications generally

(1)An amendment application must—

(a)be made to the administering authority; and

(b)be in the approved form; and

(c)be accompanied by the fee prescribed by regulation; and

(d)describe the proposed amendment; and

(e)describe the land that will be affected by the proposed amendment; and

(f)include any other document relating to the application prescribed by regulation.

(2)However, subsection (1)(d) and (e) does not apply to an application for a condition conversion.

226A Requirements for amendment applications for environmental authorities

(1)If the amendment application is for the amendment of an environmental authority, the application must also—

(a)describe any development permits in effect under the Planning Act for carrying out the relevant activity for the authority; and

(b)state whether each relevant activity will, if the amendment is made, comply with the eligibility criteria for the activity; and

(c)if the application states that each relevant activity will, if the amendment is made, comply with the eligibility criteria for the activity—include a declaration that the statement is correct; and

(d)state whether the application seeks to change a condition identified in the authority as a standard condition; and

(e)if the application relates to a new relevant resource tenure for the authority that is an exploration permit or GHG permit—state whether the applicant seeks an amended environmental authority that is subject to the standard conditions for the relevant activity or authority, to the extent it relates to the permit; and

(f)include an assessment of the likely impact of the proposed amendment on the environmental values, including—

(i)a description of the environmental values likely to be affected by the proposed amendment; and

(ii)details of emissions or releases likely to be generated by the proposed amendment; and

(iii)a description of the risk and likely magnitude of impacts on the environmental values; and

(iv)details of the management practices proposed to be implemented to prevent or minimise adverse impacts; and

(v)if a PRCP schedule does not apply for each relevant activity—details of how the land the subject of the application will be rehabilitated after each relevant activity ends; and

(g)include a description of the proposed measures for minimising and managing waste generated by amendments to the relevant activity; and

(h)include details of any site management plan or environmental protection order that relates to the land the subject of the application.

(2)Subsection (1)(f) does not apply for an amendment application for an environmental authority if—

(a)the process under chapter 3 for an EIS for the proposed amendment has been completed; and

(b)an assessment of the environmental risk of the proposed amendment would be the same as the assessment in the EIS.

(a)either—

(i)the process under chapter 3 for an EIS for the proposed amendment has been completed; or

(ii)the Coordinator-General has evaluated an EIS for the proposed amendment and there are Coordinator-General’s conditions that relate to the proposed amendment; and

(b)an assessment of the environmental risk of the proposed amendment would be the same as the assessment in the EIS mentioned in paragraph (a)(i) or the evaluation mentioned in paragraph (a)(ii).

(3)Also, subsection (1)(a), (d), (e), (f), (g) and (h) does not apply to an application for a condition conversion.

(4)Despite subsection (1)(f), (g) and (h), if the amendment application is for an environmental authority for the prescribed ERA mentioned in the Environmental Protection Regulation 2019, schedule 2, section 13A—

(a)it need only include the matters mentioned in subsection (1)(f)(i) to (iv), (g) and (h) to the extent the matters relate to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and

(b)subsection (1)(f)(v) does not apply for the amendment application.

226B Requirements for amendment applications for PRCP schedules

An amendment application for a PRCP schedule must be accompanied by an amended rehabilitation planning part for the holder’s PRC plan that complies with section 126C in relation to the proposed amendment.

227Requirements for amendment applications—CSG activities

(1)This section applies for an amendment application if—

(a)the application relates to an environmental authority for a CSG activity; and

(b)the proposed amendment would result in changes to the management of CSG water; and

(c)the CSG activity is an ineligible ERA.

(2)The application must also—

(a)state the matters mentioned in section 126(1); and

(b)comply with section 126(2).

227AA Requirements for amendment applications—underground water rights

(1)This section applies for an amendment application if—

(a)the application relates to a site-specific environmental authority for—

(i)a resource project that includes a resource tenure that is a mineral development licence, mining lease or petroleum lease; or

(ii)a resource activity for which the relevant tenure is a mineral development licence, mining lease or petroleum lease; and

(b)the proposed amendment involves changes to the exercise of underground water rights.

(2)The application must also state the matters mentioned in section 126A(2).

(3)In this section—

site-specific environmental authority means an environmental authority that includes 1 or more ineligible ERAs.

227AEarly refusal of particular amendment applications and requirement to replace environmental authority

(1)This section applies to an amendment application if the proposed amendment would change a condition imposed under section 204 on the environmental authority to which the application relates.

(2)The administering authority may, within 10 business days after receiving the amendment application, refuse the application under this section.

(3)Also, if the administering authority refuses the application, the authority may require the holder of the environmental authority to make a site-specific application for a new environmental authority under part 2 to replace the environmental authority.

(4)However, section 316P(3) to (7) applies to the requirement as if a reference to the holder of the environmental authority were a reference to the applicant.

(5)The administering authority must give the applicant written notice of any refusal under subsection (2).

(6)Divisions 3 to 5 do not apply to the amendment application if the administering authority refuses the application under this section.

227BAmendment applications to which div 3 does not apply

This division does not apply to an amendment application for a condition conversion.

228Assessment level decision for amendment application

(1)The administering authority must, after receiving an amendment application, decide whether the proposed amendment is a major or minor amendment—

(a)if the administering authority gives the applicant a notice under section 227AAB(2)—within 10 business days after the applicant gives the administering authority the notice mentioned in section 227AAB(2)(d); or

(b)otherwise—within 10 business days after receiving the amendment application.

(1)The administering authority must, within 10 business days after receiving the amendment application, decide whether the proposed amendment is a major or minor amendment.

(2)Despite section 223, definition minor amendment (PRCP threshold), paragraphs (e) and (f), the administering authority may decide under subsection (1) that a proposed amendment changing the order of at least 2 of the days when rehabilitation of land to a stable condition will be achieved is a minor amendment if the administering authority is satisfied the applicant has—

(a)undertaken adequate consultation with the community in relation to the proposed amendment; and

(b)adequately addressed any matters raised by the community during consultation.

(3)The decision under subsection (1) is the assessment level decision for the application.

(4) If the assessment level decision is that the amendment is a major amendment, the applicant must pay an assessment fee prescribed by regulation.

229Notice of assessment level decision

(1)The administering authority must, within 10 business days after the assessment level decision is made, give the applicant a written notice stating—

(a)the assessment level decision; and

(b)if the decision is that the proposed amendment is a major amendment—the reasons for the decision.

(2)Also, if the assessment level decision is that the amendment is a major amendment, the written notice must also state that—

(a)the applicant must pay an assessment fee prescribed by regulation; and

(b)an assessment of the application under division 4 will not proceed until the assessment fee mentioned in paragraph (a) is paid.

230Administering authority may require public notification for particular amendment applications

(1)This section applies if—

(a)an amendment application is for an environmental authority for a resource activity; and

(b)the assessment level decision is that the amendment is a major amendment.

(2)The notice given under section 229 may state that part 4 applies to the amendment application if the administering authority is satisfied that—

(a)there is likely to be a substantial increase in the risk of environmental harm under the amended environmental authority; and

(b)the risk is the result of a substantial change in—

(i)the quantity or quality of contaminant permitted to be released into the environment; or

(ii)the results of the release of a quantity or quality of contaminant permitted to be released into the environment.

(3)Also, the notice given under section 229 may state that part 4 applies to the amendment application if the application is for an environmental authority for a new mining lease.

(34)Without limiting subsection (2)(b), each of the following is taken to be a substantial change—

(a)an increase of 10% or more in the quantity of a contaminant to be released into the environment;

(b)if the amendment application is for an environmental authority for a resource project, an amendment to add an ineligible ERA for the authority.

(45)If a notice given under section 229 includes a statement under subsection (2), the notice must also state the reasons for the decision.

231Application of div 4

This division applies if the assessment level decision for an amendment application is that the proposed amendment is a major amendment.

232Relevant application process applies

(1)Section 136A and parts 3 to 5 apply in relation to the amendment application—

(a)if the amendment application is for a PRCP schedule—as if the amendment application and amended rehabilitation part for the holder’s PRC plan were a proposed PRC plan accompanying a site-specific application; or

(b)otherwise—as if it were a site-specific application.

(2)However—

(a)if the amendment is a change toapplication is for a PRCP schedule, part 4 does not apply to the application to the extent the change—

(i)reduces the area of a non-use management area under the schedule; or

(ii)is likely to reduce, or cause no change to, the impacts on environmental values caused by the activities the subject of the schedule; or

(b)if the amendment application is for an environmental authority for a resource activity—part 4 applies only if, under section 230, the notice given under section 229 states part 4 applies.

(2A)Also, the following provisions do not apply for an amendment application for an environmental authority for a mining activity relating to a mining lease—

(a)sections 139(2)(b) and 143A;

(b)sections 150(1)(a)(ii) and (b)(ii) and 151(2).

(3)The provisions applied under this section apply—

(a)as if a reference in sections 144 and 151 to the end of the application stage were a reference to the day notice of the assessment level decision is given; and

(b)with any other necessary changes; and

(c)subject to subsection (4) and sections 234 and 235.

(3A)Also, if the assessment level decision is that the amendment is a major amendment, an assessment of the application under division 4 may not proceed until the prescribed assessment fee is paid.

(4)To remove any doubt, it is declared that a submission made under section 160, as applied under subsection (1)—

(a)may be made about an existing provision of the environmental authority or PRCP schedule only to the extent the provision is proposed to be amended under the amendment application; and

(b)can not be made about activities carried out under the environmental authority or PRCP schedule before the deciding of the amendment application.

234Submission period

(1)Despite sections 153(1)(g) and 154, the submission period for the application is the period fixed by the administering authority by written notice to the applicant.

(2)However, the period must be at least 20 business days and must end at least 20 business days after the publication of the application notice.

235Criteria for deciding amendment application

Despite section 176(2)(b) or 176A, the matters mentioned in section 176(2)(b) or 176A may only be considered to the extent they relate to the proposed amendment.

236Changing amendment application

(1)Before the amendment application is decided, the applicant may change the application by giving the administering authority—

(a)written notice of the change; and

(b)the fee prescribed under a regulation.

(2)An applicant can not change an amendment application if the change would, if the application were remade including the change, result in the application not being a properly made amendment application.

(3)Subsection (2) does not apply to the applicant if the applicant takes the action that would be necessary to make the application a properly made amendment application if it were remade.

237Effect on assessment of amendment application—minor change

(1)The assessment of a changed amendment application under parts 3 to 5, as applied under section 232(1), does not stop if—

(a)the change is a minor change of the application; or

(b)the administering authority gives its written agreement to the change.

(2)For the changed application, the notification stage does not again apply, and is not required to restart, if—

(a)the notification stage applied to the original amendment application; and

(b)the change was made during the notification stage or after the notification stage ended.

238Effect on assessment of amendment application—other changes

(1)Subsections (2) to (5) apply to a changed amendment application if—

(a)the change is not a minor change; and

(b)the administering authority has not given its written agreement to the change.

(2)The assessment of the application under parts 3 to 5, as applied under section 232(1), stops on the day notice of the change is received.

(3)If the information stage applies to the changed application—

(a)the administering authority may, within 10 business days after notice of the change is received, ask the applicant to give further information needed to assess the application; and

(b)a request under paragraph (a) is taken to be an information request under section 140, as applied under section 232; and

(c)if no information request is made under paragraph (a)—the information stage for the changed application is taken to have ended; and

(d)if the notification stage also applies to the changed application—the applicant may start the notification stage the day notice of the change is given.

(4)If the information stage does not apply to the changed application, but the notification stage applies, the assessment of the application restarts from section 152.

(5)If neither the information stage nor the notification stage apply to the changed application, the assessment of the application restarts from the start of the decision stage.

(6)Subsection (7) applies to a changed application if—

(a)the assessment of the application has stopped under subsection (2); and

(b)the notification stage applied to the original application; and

(c)the change was made during the notification stage or after the notification stage ended.

(7)The notification stage must be repeated unless the administering authority is satisfied the change would not be likely to attract a submission objecting to the thing the subject of the change, if the notification stage were to apply to the change.

239Application of div 5

This division applies if the assessment level decision for an amendment application is that the proposed amendment is a minor amendment.—

(a)the assessment level decision for an amendment application is that the proposed amendment is a minor amendment; or

(b)an amendment application is for a condition conversion for an environmental authority.

240Deciding amendment application

(1)The administering authority must decide either to approve or refuse the application—

(a)if the application is for a condition conversion for an environmental authority—within 10 business days after the application is received; or

(b)otherwise—within 10 business days after notice of the assessment level decision is given to the applicant.

(b)otherwise—

(i)within 10 business days after notice of the assessment level decision is given to the applicant; or

(ii)if the applicant agrees to extend the period mentioned in subparagraph (i) by no more than 20 business days—within the extended period.

(2)The administering authority may approve the amendment application if it is satisfied the proposed amendment is necessary or desirable.

(3)If the administering authority decides to approve the application, it may also make any other amendments to the conditions of the environmental authority or PRCP schedule it considers—

(a)relate to the subject matter of the proposed amendment; and

(b)are necessary or desirable.

241Criteria for deciding amendment application

In deciding the application, other than an application for a condition conversion, the administering authority must—

(a)comply with any relevant regulatory requirement; and

(b)subject to paragraph (a), have regard to each of the following—

(i)the amendment application;

(ii)the existing environmental authority or PRCP schedule;

(iii)the standard criteria.

242Steps after deciding amendment application

(1)If the administering authority decides to approve the amendment application, it must, within 5 business days after the decision is made—

(a)amend the environmental authority or PRCP schedule to give effect to the amendment; and

(b)issue the amended environmental authority or PRCP schedule to the applicant; and

(c)include a copy of the amended environmental authority or PRCP schedule in the relevant register.

(2)Subsection (3) applies if the administering authority decides to—

(a)refuse the application; or

(b)make an amendment, other than an amendment agreed to by the applicant.

(3)The administering authority must, within 5 business days after the decision is made, give the applicant an information notice about the decision.

243Definitions for pt 8

In this part—

amalgamated corporate authority means an amalgamated environmental authority that is not an amalgamated local government authority or an amalgamated project authority.

amalgamated environmental authority see section 245(1).

amalgamated local government authority means an amalgamated environmental authority for which the holder is a local government.

amalgamated project authority means an amalgamated environmental authority for which the relevant activities are carried out as a single integrated operation.

amalgamation application means an application under section 245.

de-amalgamation application means an application made under section 250A.

existing environmental authority means an environmental authority the subject of an amalgamation application.

transfer tenure see section 250A(1)(b)(iii).

244Types of amalgamated environmental authorities

The types of amalgamated environmental authorities are—

(a)amalgamated corporate authorities; and

(b)amalgamated local government authorities; and

(c)amalgamated project authorities.

245Who may apply

(1)The holder of 2 or more environmental authorities may, at any time, apply to the administering authority for a new environmental authority (an amalgamated environmental authority) for all activities for the authorities.

(2)However, if an environmental authority is held jointly by 2 or more entitiespersons, the environmental authority can not be the subject of an amalgamation application unless all of the environmental authorities, the subject of the application, are held jointly by the same entitiespersons.

246Requirements for amalgamation application

An amalgamation application must—

(a)be made in the approved form; and

(b)state whether the application is for—

(i)an amalgamated corporate authority; or

(ii)an amalgamated local government authority; or

(iii)an amalgamated project authority; and

(c)be supported by enough information to allow the administering authority to decide the application; and

(d)if PRC plans relating to the environmentally relevant activities for the environmental authorities will require amalgamation if the application is approved—be accompanied by a proposed amalgamated PRC plan for the activities; and

(e)if the application is for an amalgamated corporate authority—be accompanied by an application under section 316L to change the anniversary day for each of the existing environmental authorities to a new day that is the same for all of the authorities; and

(f)if the application is for an amalgamated local government authority or amalgamated project authority and the highest annual fee is the same for 2 or more of the existing environmental authorities—nominate the anniversary day for 1 of the authorities with the highest annual fee as the anniversary day for the amalgamated environmental authority; and

(eg)be accompanied by the fee prescribed by regulation.

247Deciding amalgamation application

(1)Subject to subsections (2) and (3), the administering authority must, within 20 business days after the day the amalgamation application is received, decide to—

(a)approve the application; or

(b)if the application is for an amalgamated local government authority or amalgamated project authority—refuse the application.

(2)The administering authority may only approve an application for an amalgamated local government authority if—

(a)the applicant is a local government; and

(b)the relevant activities for the existing environmental authorities do not constitute a significant business activity; and

(c)the administering authority is satisfied there is an appropriate degree of integration between the activities.

(3)The administering authority may only approve an application for an amalgamated project authority if it is satisfied the relevant activities for the existing environmental authorities are being carried out as a single integrated operation.

(4)If the administering authority approves an application for an amalgamated project authority for environmental authorities for which PRCP schedules also apply, each of the schedules must also be amalgamated.

(5)In this section—

significant business activity has the meaning given by the Local Government Act 2009, section 43.

248Steps after deciding amalgamation application

If the administering authority decides to approve an amalgamation application, it must, within 5 business days after the decision is made—

(a)amalgamate the existing environmental authorities to give effect to the amalgamation; and

(b)issue to the applicant—

(i)if the application is for an amalgamated corporate authority—an amalgamated corporate authority; or

(ii)if the application is for an amalgamated local government authority—an amalgamated local government authority; or

(iii)if the application is for an amalgamated project authority—an amalgamated project authority; and

(c)if the administering authority issues an amalgamated local government authority or amalgamated project authority—give the applicant written notice of the anniversary day for the amalgamated environmental authority; and

(cd)if PRCP schedules for existing environmental authorities are amalgamated—give the applicant a copy of the amalgamated PRCP schedule; and

(de)include a copy of the amalgamated environmental authority and PRC plan in the relevant register.

249Information notice about particular decisions

The administering authority must, within 10 business days after refusing an amalgamation application, give the applicant an information notice about the decision.

250Relationship between amendment application and amalgamation application

(1)This section applies if, before an amalgamation application for an environmental authority is decided—

(a)an amendment application for the environmental authority is made but not decided; or

(b)an amendment application for a PRCP schedule for relevant activities to which the environmental authority applies is made but not decided.

(2)If the amalgamation application is approved, the amendment application is taken to be—

(a)for an environmental authority mentioned in subsection (1)(a)—an amendment application for the amalgamated environmental authority; or

(b)for a PRCP schedule mentioned in subsection (1)(b)—an amendment application for the amalgamated PRCP schedule.

250AWho may apply for de-amalgamation

(1)The holder of a relevant authority may make an application to the administering authority for the de-amalgamation of the authority if—

(a)the authority is not for a resource project; or

(b)the authority is for a resource project and—

(i)the project is no longer being carried out as a single integrated operation; or

(ii)the existing holder is proposing to no longer carry out the project as a single integrated operation; or

(iii)the existing holder is proposing to transfer to another person a resource tenure (a transfer tenure) to which the authority relates.

(2)In this section—

relevant authority means—

(a)an amalgamated environmental authority; or

(b)an environmental authority issued for an ERA project.

250BRequirements for de-amalgamation application

A de-amalgamation application must—

(a)be made in the approved form; and

(b)if the application relates to a resource project—be accompanied by a declaration by the applicant that—

(i)the project is no longer being carried out as a single integrated operation; or

(ii)the existing holder is proposing to no longer carry out the project as a single integrated operation; or

(iii)the existing holder is proposing to transfer to another person a resource tenure to which the authority relates; and

(c)if a PRCP schedule relating to environmentally relevant activities for the authority will require de-amalgamation if the application is approved—be accompanied by proposed de-amalgamated PRC plans for the activities; and

(d)if an ERC decision is, or has been, in effect for the environmental authority—be accompanied by an application under section 298 for an ERC decision for each of the proposed de-amalgamated environmental authorities; and

(de)be accompanied by the fee prescribed by regulation.

250C De-amalgamation

(1)Within 15 business days after receiving a de-amalgamation application that complies with section 250B, the administering authority must—

(a)de-amalgamate the environmental authority to give effect to the de-amalgamation; and

(b)for de-amalgamation of an environmental authority for relevant activities to which a PRCP schedule relates—de-amalgamate the schedule to the extent necessary to give effect to the de-amalgamation of the authority; and

(c)issue the de-amalgamated environmental authorities to the applicant; and

(d)give the applicant a copy of any de-amalgamated PRCP schedules; and

(e)include a copy of each environmental authority issued under paragraph (c), and each de-amalgamated PRC plan, in the relevant register.

(2)If a PRCP schedule is de-amalgamated under subsection (1)(b), the holder of each de-amalgamated schedule must be the holder of the de-amalgamated environmental authority.

(3)Despite subsection (1), if an ERC decision is, or has been, in effect for the environmental authority, the administering authority may only do the things mentioned in subsection (1)(a) to (e) after the administering authority makes an ERC decision for each of the proposed de-amalgamated environmental authorities.

250DWhen de-amalgamation takes effect

The de-amalgamation of an environmental authority takes effect—

(a)if it relates to a transfer tenure—when both of the following things have happened—

(i)the transfer tenure is transferred;

(ii)the proposed holder of each de-amalgamated environmental authority has paid a contribution to the scheme fund or given a surety for the authority under the Mineral and Energy Resources (Financial Provisioning) Act 2018; or

(a)if it relates to a transfer tenure—when the transfer tenure is transferred; or

(b)if it relates to a relevant authority for a resource project for which the existing holder proposes to no longer carry out the project as a single integrated operation—when the existing holder stops carrying out the project as a single integrated operation; or

(c)otherwise—when the administering authority issues 2 or more environmental authorities to the applicant under section 250C(1)(c).

251Application of pt 9

This part applies for an environmental authority for a prescribed ERA.

252Who may apply for transfer

The holder (the existing holder) of the environmental authority may make an application (a transfer application) to transfer all or part of the authority to an entitya person.

Examples of when a transfer application may be made—

•An environmental authority is held by 3 joint holders. The joint holders may make a transfer application to transfer the authority to 2 only of the joint holders. Alternatively, the joint holders may seek to transfer the authority to another entityperson, so that the authority will be held by 4 joint holders.

•It is proposed that a new entityperson will carry out part of the relevant activity for an environmental authority. The holder of the authority may make a transfer application to transfer to the new entityperson that part of the authority that relates to the activity to be carried out by the new entityperson.

253Requirements for transfer application

A transfer application must—

(a)be made to the administering authority in the approved form; and

(b)include the name and address of the proposed holder of the environmental authority or each part of the environmental authority; and

(c)be signed by the existing holder and the proposed holder; and

(d)state whether the proposed holder is a registered suitable operator; and

(e)if the proposed holder is not a registered suitable operator—be accompanied by an application for registration as a suitable operator under chapter 5A, part 4, division 1; and

(f)be accompanied by the fee prescribed under a regulation.

254Deciding transfer application

(1)The administering authority must consider each transfer application and decide to—

(a)approve the transfer; or

(b)refuse the transfer.

(2)Despite subsection (1), the application must be approved if the proposed holder is a registered suitable operator.

(3)The decision under subsection (1) must be made—

(a)if the proposed holder is a registered suitable operator—within 10 business days after the transfer application is received; or

(b)if the proposed holder is not a registered suitable operator—when an application for registration as a suitable operator is decided under chapter 5A, part 4, division 1.

255Steps after deciding transfer application

(1)If the administering authority decides to approve a transfer application under section 254(1)(a), it must, within 5 business days after the decision is made—

(a)amend the relevant environmental authority to give effect to the transfer; and

Example for paragraph (a)—

For a transfer application for an environmental authority that is an amalgamated corporate authority, the proposed holders may be the existing holder for part of the authority and a new holder for part of the authority. The administering authority must amend the existing authority by dividing it into 2 new authorities.

(b)issue the amended environmental authority (the transferred environmental authority) to each holder; and

(c)include a copy of the transferred environmental authority in the relevant register.

(2)If the administering authority decides to refuse a transfer application, it must, within 10 business days after the decision is made, give the existing holder and the proposed holder written notice of the decision.

256Notice to owners of transfer

(1)This section applies if—

(a)an entitya person is issued a transferred environmental authority under section 255(1)(b); and

(b)the entityperson is not the owner of the land to which the authority relates.

(2)The entityperson must, within 10 business days after receiving the authority, give each owner of the land to which the authority relates written notice it has been issued the authority.

Maximum penalty—10 penalty units.

257Who may apply for surrender

(1)The holder of an environmental authority may apply to the administering authority to surrender the environmental authority (a surrender application).

(2)Subsection (3) applies if—

(a)the environmental authority relates to a mining activity; and

(b)under the Mineral Resources Act, the holder of the environmental authority has sought a conditional surrender of all or part of a relevant mining tenure.

(3)A surrender application may only be made for the part of the environmental authority relating to land to which a new mining tenure will not apply if the conditional surrender is approved.

(4)Subsection (5) applies if a relevant tenure for the environmental authority is to be surrendered under resource legislation.

(5)A surrender application for the authority may only be made if an application to surrender the relevant tenure is also made under resource legislation.

(6)Subsections (3) and (5) apply despite subsection (1).

(7)In this section—

conditional surrender, of a mining tenure, means a surrender in relation to the tenure of a type mentioned in the Mineral Resources Act, section 107(7), 161(4), 210(13) or 309(12).

258Notice by administering authority to make surrender application

(1)This section applies for an environmental authority for—

(a)a mining activity; or

(b)a petroleum activity; or

(c)a geothermal activity.

(2)The administering authority may, by written notice (a surrender notice), require the holder of the environmental authority to make a surrender application if—

(a)a relevant tenure for the authority is cancelled; or

(b)a relevant tenure for the authority is, according to its provisions, to end other than by cancellation; or

(c)if the authority is for a petroleum activity—the area of a relevant tenure for the authority is reduced under a requirement of noncompliance action taken under resource legislation; or

(d)part of the area of a relevant tenure for the authority is relinquished, other than under a requirement of noncompliance action taken under resource legislation; or

(e)part of the area of a relevant tenure for the authority is surrendered.

(3)The surrender notice must—

(a)state the period of at least 30 business days within which the surrender application must be made; and

(b)be accompanied by, or include, an information notice about the authority’s decisions to require the surrender application and to fix the stated period.

(4)A surrender application under subsection (2) must be for the environmental authority to the extent it relates to the relevant tenure cancelled, expired or affected by a relinquishment, reduction in area or partial surrender.

259When surrender notice ceases to have effect

A surrender notice ceases to have effect if, within the period stated in the notice—

(a)the relevant tenure is, under resource legislation—

(i)renewed or continued in force; or

(ii)consolidated with another relevant tenure; or

(b)if the relevant tenure is a mining tenure—the tenure is replaced with a new tenure of the same type in respect of all or part of the land included in the relevant tenure; or

(c)a replacement environmental authority is issued to the holder, and the replacement environmental authority has taken effect.

Note—

For when an environmental authority takes effect, see section 200.

260Failure to comply with surrender notice

The holder of an environmental authority to whom a surrender notice has been given must comply with the notice unless the holder has a reasonable excuse.

Maximum penalty—100 penalty units.

261Surrender may be partial

(1)This section applies for an environmental authority for—

(a)a mining activity; or

(b)a petroleum activity; or

(c)a geothermal activity.

(2)The administering authority may approve a surrender application for a part of the environmental authority.

Examples for subsection (2)—

1An environmental authority relates to a mining claim and a mining lease. Under the Mineral Resources Act, the holder of the authority seeks to surrender the mining lease. The holder may, under this part, seek to surrender that part of the authority that relates to the mining lease.

2An environmental authority relates to 1 mining tenure. Under the Mineral Resources Act, the holder of the tenure may seek to surrender part of the tenure. The holder of the authority may, under this part, seek to surrender that part of the authority that relates to the part of the resource tenure to be surrendered.

262Requirements for surrender application

(1)A surrender application must—

(a)be in the approved form; and

(b)be supported by enough information to allow the administering authority to decide the application; and

(c)if the relevant activity was not carried out—be accompanied by a declaration stating that the activity was not carried out; and

(d)if the relevant activity was carried out—be accompanied by—

(i)if the environmental authority contains conditions about rehabilitation and a PRCP schedule does not apply for the relevant activity—a final rehabilitation report for the authority that complies with section 264; and

(ii)if the environmental authority is for a resource activity, whether or not a PRCP schedule applies for the activity—a post-surrender management report for land the subject of the application that complies with section 264A; and

(ii)if a PRCP schedule applies for the relevant activity—a post-mining management report under section 264A; and

(iii)a compliance statement for the environmental authority and, if a PRCP schedule applies for the relevant activity, the PRCP schedule and the conditions imposed on the schedule; and

(iv)the fee prescribed by regulation.

(2)The compliance statement must—

(a)be made by or for the environmental authority holder; and

(b)state the following—

(i)the extent to which relevant activities carried out under the environmental authority have complied with the conditions of the authority;

(ii)if a final rehabilitation report is required for the application—the extent to which the report is accurate; and

(iii)if a post-surrender management report is required for the application—the extent to which the report is accurate; and

(c)if a PRCP schedule applies for the relevant activities—state the following—

(i)whether the rehabilitation milestones and management milestones under the schedule have been met;

(ii)the extent to which conditions imposed on the schedule have been complied with; .

(iii)the extent to which the post-mining management report is accurate and complies with section 264A.

263Amending surrender application

(1)The applicant may, at any time before the administering authority decides the surrender application, amend the application.

(2)However, the amendment may be made only by giving the administering authority a written notice stating the amendment.

(3)The notice must be accompanied by the fee prescribed under a regulation.

(4)If an application is amended under this section, the process for assessing and deciding the application restarts from section 265.

264Requirements for final rehabilitation report

(1)A final rehabilitation report must—

(a)be in the approved form; and

(b)include enough information to allow the administering authority to decide whether—

(i)the conditions of the environmental authority have been complied with; and

(ii)the land on which each relevant activity for the environmental authority has been carried out has been satisfactorily rehabilitated; and

(c)for an environmental authority other than for a resource activity, describe any ongoing environmental management needs for the land; and

(d)for an environmental authority for a resource activity, state details of—

(i)the monitoring program and the results of monitoring rehabilitation indicators required under any condition of the environmental authority; and

(ii)any consultation with affected owners and occupiers, members of the public, community groups, government agencies, and other bodies about any completion criteria for rehabilitation stated in the environmental authority; and

(d)for an environmental authority for a resource activity—

(i)state details of—

(A)the monitoring program and the results of monitoring rehabilitation indicators required under any condition of the environmental authority; and

(B)any consultation with affected owners and occupiers, members of the public, community groups, government agencies, and other bodies about any completion criteria for rehabilitation stated in the environmental authority; and

(ii)state an environmental risk assessment of the land; and

(iii)propose the residual risks associated with the rehabilitation of the land, worked out under a guideline or other document publicly available from the administering authority; and

Examples of proposed residual risks—

•the present value of the future costs of likely repairs

•necessary monitoring and maintenance costs

•ongoing management costs

(e)include another matter prescribed under a regulation.

(2)The environmental risk assessment must—

(a)use a methodology agreed to by the administering authority; and

(b)show any part of the land that is likely to change or fail to the extent that monitoring, maintenance, reconstruction or other remedial action may be necessary.

265Administering authority may request further information

(1)The administering authority may ask the applicant, by written request, to give further information needed to assess the surrender application.

(2)The request must be made within 10 business days after the application is received.

266Deciding surrender application

(1)The administering authority must decide to—

(a)approve the surrender application; or

(b)refuse the surrender application.

(2)Of the following periods that apply to a surrender application, a decision under subsection (1) about the application must be made within the later of the periods to end—

(a)if the administering authority requests further information under section 265(1)—40 business days after the further information is received by the authority;

(b)if the administering authority does not request further information under section 265(1)—40 business days after the application is made;

(c)if the environmental authority is for a resource activity and the relevant tenure is an exploration permit or mineral development licence—60 business days after the relevant tenure ends;

(d)if the environmental authority is for a resource activity and the relevant tenure is a mining lease or petroleum lease—90 business days after the relevant tenure ends.

267Advice from MRArelevant resource legislation chief executive about surrender application

(1)The administering authority may, before it makes a decision to refuse a surrender application for an environmental authority for a mining activity, seek advice from the chief executive of the MRA departmentdepartment in which the Mineral Resources Act is administered.

(2)Also, the administering authority may, before it decides a surrender application for an environmental authority for a resource activity, seek advice from the chief executive administering the relevant resource legislation about the post-surrender management report for land the subject of the application.

(23)The advice may be sought in the way the administering authority considers appropriate.

(34)If the advice is given, it must be given within the period required under section 266(2) for the administering authority to make the decision.

268Criteria for decision generally

In deciding a surrender application, the administering authority must—

(a)comply with any relevant regulatory requirement; and

(b)subject to paragraph (a), consider each of the following—

(i)the application;

(ii)any monitoring results relating to the rehabilitated area the subject of the application;

(iii)a final rehabilitation report and post-surrender management report accompanying the application;

(iii)the final rehabilitation report for the environmental authority and, if a PRCP schedule applies for carrying out a relevant activity under the authority, the post-mining management report under section 264A for the schedule;

(iv)the compliance statement for the environmental authority or the part of the environmental authority the subject of the application, and any PRCP schedule for carrying out a relevant activity under the authority;

(v)any advice given under section 267 by the chief executive administering the resource legislation;

(v)any advice given by the chief executive of the MRA department under section 267;

(vi)another matter prescribed under an environmental protection policy or a regulation; and

(c)if a progressive certification has been given for a relevant tenure for the environmental authority—

(i)confirm that the certified rehabilitated area for the relevant tenure still meets the criteria under section 318ZI against which it was certified; and

(ii)if the confirmation is made—give full effect to the certification; and

(d)if the environmental authority relates to land for which particulars are or were recorded in the environmental management register—consider whether or not the land has been removed from the environmental management register or the land has a site management plan approved for it.

268ACriteria for decision—prescribed resource activities in overlapping area

(1)This section applies if—

(a)the environmental authority the subject of the surrender application—

(i)is for a prescribed resource activity; and

(ii)relates to land in an overlapping area; and

(b)another prescribed resource activity (the overlapping prescribed resource activity) is being, or is proposed to be, carried out in the overlapping area.

(2)In deciding the surrender application, the administering authority must also consider—

(a)the extent to which compliance with a rehabilitation condition of the environmental authority, or a PRCP schedule, is impossible or impractical due to the carrying out of the overlapping prescribed resource activity; and

(b)whether an environmental authority or PRCP schedule for the overlapping prescribed resource activity has been amended to include a condition equivalent to the rehabilitation condition of the environmental authority to be surrendered.

269Restrictions on giving approval

(1)The administering authority may only approve a surrender application if—

(a)the authority is satisfied the conditions of the environmental authority have been complied with; and

(b)if the environmental authority is subject to conditions requiring rehabilitation, and a PRCP schedule does not apply for a relevant activity under the environmental authority—

(i)the authority is satisfied the land on which each relevant activity for the environmental authority has been carried out has been satisfactorily rehabilitated; or

(ii)the authority has approved a transitional environmental program and it is satisfied the land will be satisfactorily rehabilitated under the program; and

(c)if a PRCP schedule applies for carrying out a relevant activity under the environmental authority—the administering authority is satisfied the rehabilitation milestones and management milestones under the schedule have been met; and

(d)if a regulation has prescribed another circumstance for this section—the administering authority is satisfied of the circumstance.

(2)Despite subsection (1)(b), the administering authority may approve a surrender application for an environmental authority that relates to land in an overlapping area if—

(a)the administering authority is satisfied compliance with a rehabilitation condition of the environmental authority, or a PRCP schedule, is impossible or impractical due to the carrying out of an overlapping prescribed resource activity in the area; and

(b)an environmental authority or PRCP schedule for the overlapping prescribed resource activity has been amended to include a condition equivalent to the rehabilitation condition of the environmental authority to be surrendered.

269A Effect of approval of surrender application on PRCP schedule

(1)This section applies if—

(a)the administering authority approves a surrender application, other than a surrender application for a part of an environmental authority; and

(b)a PRCP schedule applies for carrying out relevant activities under the environmental authority as in force before the surrender.

(2)On the approval of the surrender application, the PRCP schedule ceases to have effect.

270When application may be refused

(1)This section applies if—

(a)a surrender application for a partial surrender of an environmental authority for an ERA project is made; and

(b)if the application was approved, the environmental authority would not apply to all remaining areas that form the project.

(2)Without limiting sections 266(1) and 268, the administering authority may refuse the surrender application.

271Payment may be required for residual risks of rehabilitation

(1)This section applies for a surrender application for an environmental authority for a resource activity.

(2)The administering authority may, by written notice, require the applicant to pay the administering authority, or another entity that performs functions under this Act, a stated amount within a stated reasonable period for the residual risks of land the subject of the surrender application.

Example of another entity—

the scheme manager under the Mineral and Energy Resources (Financial Provisioning) Act 2018

(2)The administering authority may, by written notice, require the applicant to pay it a stated amount within a stated reasonable period for the residual risks of the area the subject of the environmental authority (the relevant area).

(3)A requirement under subsection (2) is a residual risks requirement.

(4)If a progressive certification has previously been given for a relevant tenure for the environmental authority, the administering authority must, in deciding to require the payment—, confirm that the area of the relevant tenure still meets the criteria under section 318ZI against which it was certified.

(a)confirm that the area still meets the criteria under section 318ZI against which it was certified; and

(b)take into account any previous payment for the progressive certification.

Note—

See chapter 5A (General provisions about environmentally relevant activities), part 6 (Progressive rehabilitation), division 2 (Payment for residual risks of rehabilitation).