Environmental Protection Act 1994


Queensland Crest
Environmental Protection Act 1994

An Act about the protection of Queensland’s environment

Chapter 1 Preliminary

Part 1 Introductory provisions

1Short title

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

Part 2 Object and achievement of Act

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.

Part 3 Interpretation

Division 1 Dictionary

7Definitions—dictionary

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

Division 2 Key concepts

Subdivision 1 The environment and its values

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.

Subdivision 2 Environmental contamination

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.

Subdivision 3 Environmental harm and nuisance

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.

Subdivision 4 Environmentally relevant activities

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.

Subdivision 5 Environmental management

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.

Subdivision 6 Prescribed conditions

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.

Part 4 Operation of Act

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.

Chapter 2 Environmental protection policies

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.

Chapter 3 Environmental impact statements

Part 1 EIS process

Division 1 Preliminary

Subdivision 1 Application

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.

Subdivision 2 Definitions for part 1

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).

Subdivision 3 Purposes of EIS and EIS process

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.

Division 2 Terms of reference stage

Subdivision 1 Draft terms of reference

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.

Subdivision 2 Public notification of draft terms of reference

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.

Subdivision 3 Final terms of reference

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.

Division 3 Submission stage

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.

Division 4 Notification stage

Subdivision 1 Public notice requirements

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).

Subdivision 2 Submissions and response to report about public interest evaluation

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).

Division 5 EIS assessment report

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.

Division 6 Completion of process

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.

Division 7 Miscellaneous provisions

Subdivision 1 Inquiries by chief executive

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.

Subdivision 2 Public inspection

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).

Subdivision 3 Amending EIS

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.

Subdivision 4 Effects of noncompliance with process

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).

Part 2 Voluntary preparation of EIS

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.

Part 3 Decision about whether EIS may be required

73Main purpose of part and its achievement

(1)The main purpose of this part is to allow a person who is considering applying for an environmental authority for a project to find out whether an EIS would be required for the application under this Act.
(2)The main purpose is achieved by providing for a process for the chief executive to decide whether an EIS would be required under this Act for an application for an environmental authority (an EA application) for a project.

73AProposed applicant may apply for decision about EIS

(1)A person may apply to the chief executive—
(a)for a decision about whether an EIS would be required under this Act for an EA application for a project; and
(b)for approval to prepare an EIS for a project if the chief executive decides an EIS would not be required under this Act for an EA application for the project.
(2)The application may be made—
(a)for only a decision under subsection (1)(a); or
(b)for a decision under subsection (1)(a) and, if applicable, an approval under subsection (1)(b).

73BRequirements for application

The application must be—
(a)in the approved form; and
(b)supported by enough information to allow the chief executive to decide whether an EIS would be required for an EA application for the project; and
(c)if the application includes an application for an approval under section 73A(1)(b)—
(i)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
(ii)the documents that, under section 41(3), must accompany a submitted draft terms of reference for an EIS; and
(d)accompanied by the fee prescribed by regulation.

73CDeciding application

(1)The chief executive must consider the application and decide—
(a)whether an EIS would be required under this Act for an EA application for the project; and
(b)if the application includes an application for an approval under section 73A(1)(b) and the chief executive decides an EIS would not be required under this Act for an EA application for the project—to grant or refuse the approval.
(2)In making a decision under subsection (1)(a), the chief executive must consider the standard criteria.
(3)The chief executive may grant an approval under subsection (1)(b) only if the chief executive considers an EIS is appropriate for the project.
(4)The chief executive must, within 10 business days after the decision is made, give the applicant a written notice stating the decision, and the reasons for it.

Chapter 4A Great Barrier Reef protection measures

Part 1 Preliminary

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).

Part 2 Environmental protection policy

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.

Part 3 Requirements for carrying out agricultural ERAs

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.

Part 4 Agricultural ERA advice

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

Part 5 Great Barrier Reef water quality offsets

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).

Part 6 General

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.

Chapter 5 Environmental authorities, PRC plans and environmentally relevant activities

Part 1 Preliminary

Division 1 Key definitions for chapter 5

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).

Division 2 Single integrated operations

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.

Division 3 Stages and application of assessment process

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.

Division 4 Relationship with the Planning Act

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.

Part 2 Application stage

Division 1 Preliminary

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.

Division 2 Types of applications

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.

Division 3 Applying for environmental authorities and requirements for PRC plans

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.

Division 4 Notices about not properly made applications

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.

Division 5 Joint applicants

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.

Division 6 Changing applications

Subdivision 1 Preliminary

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.

Subdivision 2 Procedure for changing applications

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.

Subdivision 3 Changed applications—effect on assessment process

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.

Division 7 Withdrawing applications

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.

Division 8 End of application stage

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.

Part 3 Information stage

Division 1 Preliminary

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.

Division 2 Information requests

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.

143A Proposed PRC plan required for particular applications

(1)This section applies for a site-specific application for a mining activity relating to a mining lease if there is no proposed PRC plan for the application.
(2)Without limiting section 140(1), the administering authority must include in an information request a requirement that the applicant submit a proposed PRC plan for the application.
(3)The proposed PRC plan must comply with part 2, division 3.

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.

Division 3 Responding to information request

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.

Division 4 End of information stage

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.

Part 4 Notification stage

Division 1 Preliminary

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.

Division 2 Public notice

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.

Division 3 Submissions about applications

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.

Division 4 End of notification stage

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).

Part 5 Decision stage

Division 1 Preliminary

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).

Division 2 Deciding application

Subdivision 1 Decision period

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.

Subdivision 2 Decision

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.

Division 3 Applications for mining activities relating to a mining lease

Subdivision 1 Preliminary

180Application of div 3

This division applies for an application for a mining activity relating to a mining lease.

Subdivision 2 Notice of decision

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).

Subdivision 3 Referrals to Land Court

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.

Subdivision 4 Final decision on 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.

Division 4 Steps after deciding application

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.

Division 5 Environmental authorities

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.

Division 5A PRCP schedules

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.

Division 6 Conditions

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.

Part 6 Amendments by administering authority

Division 1 Amendments

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.

Division 2 Procedure for particular amendments

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.

Division 3 Steps for amendments

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.

Part 7 Amendment by application

Division 1 Preliminary

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.

Division 2 Making amendment application

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.

226AA Requirement for amendment application by holder of environmental authority and PRCP schedule

(1)This section applies if—
(a)the holder of an environmental authority and a PRCP schedule for the environmental authority (each a relevant environmental requirement) makes an amendment application; and
(b)the application is to amend only 1 of the relevant environmental requirements; and
(c)the approval of the amendment application would result in the relevant environmental requirement to which the application relates being inconsistent with the other relevant environmental requirement.
(2)The holder must make an amendment application to amend both relevant environmental requirements in a way that, if the amendment application were approved, would not result in 1 of the relevant environmental requirements being inconsistent with the other relevant environmental requirement.

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.

227AAA When amendment application is a properly made amendment application

An amendment application under section 224 is a properly made amendment application if it complies with this division.

Division 2AA Notices about not properly made amendment applications

227AAB Notice about amendment application that is not a properly made amendment application

(1)This section applies if an amendment application is not a properly made amendment application.
(2)The administering authority must, within 10 business days after receiving the amendment application, give the applicant a notice stating the following—
(a)it is not a properly made amendment application;
(b)the reasons the administering authority is satisfied it is not a properly made amendment application;
(c)the action the administering authority is satisfied the applicant must take for the application to be a properly made amendment 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 amendment application will lapse under section 227AAC.

227AAC When amendment application lapses

(1)This section applies if the applicant is given a notice under section 227AAB(2).
(2)The amendment 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 227AAB(2)(c); and
(b)give the administering authority written notice that the action has been taken.

Division 2A Provision for particular amendment applications

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.

Division 3 Assessment level decisions

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.

Division 4 Process if proposed amendment is a major amendment

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.

Division 5 Process if proposed amendment is minor amendment

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.

Division 6 Steps after deciding amendment application

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.

Part 8 Amalgamating and de-amalgamating environmental authorities and PRCP schedules

Division 1 Preliminary

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.

Division 1A Amalgamating environmental 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.

Division 2 Deciding amalgamation application

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.

Division 3 Miscellaneous provisions for amalgamation applications

247A Anniversary day for amalgamated local government authority or amalgamated project authority

(1)This section applies if the administering authority decides to approve an amalgamation application for an amalgamated local government authority or amalgamated project authority.
(2)The anniversary day for the amalgamated environmental authority is—
(a)if the highest annual fee is the same for 2 or more of the existing environmental authorities immediately before the approval of the amalgamation application—the anniversary day nominated by the applicant under section 246(f); or
(b)otherwise—the anniversary day for the existing environmental authority that had the highest annual fee immediately before the approval of the amalgamation application.

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.

Division 4 De-amalgamating environmental authorities

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).

Part 9 Transferring environmental authorities for prescribed ERAs

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.

Part 10 Surrender of environmental authorities

Division 1 Preliminary

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.

Division 2 Surrender applications

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.

Division 3 Final rehabilitation reports and post-miningsurrender management reports

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.

264A Requirements for post-mining management report

A post-mining management report for land must—
(a)be in the approved form; and
(b)state the requirements for ongoing management of the land; and
(c)propose the residual risks associated with the rehabilitation of the land mentioned in section 264(1)(d)(iii); and
(d)include an environmental risk assessment for the land that complies with section 264(2); and
(e)include the matters prescribed by regulation.

264A Requirements for post-surrender management report

(1)A post-surrender management report for land the subject of a surrender application must—
(a)be in the approved form; and
(b)include a map of the land showing the location of—
(i)where the resource activities were carried out on the land; and
(ii)the site features of the land; and
(c)state—
(i)whether the particulars of any part of the land are included in the environmental management register or contaminated land register; and
(ii)whether a site management plan under chapter 7, part 8 exists for any part of the land; and
(d)state any assumptions made in relation to the rehabilitation or future use of the land; and
(e)include a risk assessment of the land that complies with the residual risk assessment guideline; and
(f)include a risk management plan for the land that complies with subsection (2) if—
(i)the risk assessment of the land identifies residual risks for the land for which remedial action or ongoing management activities may need to be carried out in relation to the land; and
(ii)the residual risk assessment guideline requires the estimated costs and expenses that may be incurred in carrying out the remedial action or ongoing management activities to be worked out in a stated way; and
(g)include any other matters prescribed by regulation.
(2)A risk management plan for land the subject of a surrender application must be in the approved form and include—
(a)spatial information about the site features of the land, including the location, size and type of the features; and
(b)details of the consultation with affected owners and occupiers about—
(i)any assumptions made in relation to the rehabilitation or future use of the land; and
(ii)the remedial action or ongoing management activities that may need to be carried out in relation to the land; and
(c)a statement of any assumptions made in relation to the remedial action or ongoing management activities that may need to be carried out in relation to the land; and
(d)an activity schedule outlining details of any remedial action or ongoing management activities that may need to be carried out in relation to the land; and
(e)if a site management plan under chapter 7, part 8 for any part of the land provides for carrying out activities that are the same, or substantially the same, as remedial action or ongoing management activities mentioned in the activity schedule—details of how those activities are to be carried out and managed in perpetuity; and
(f)the estimated amount of the costs and expenses that may be incurred in carrying out remedial action or ongoing management activities mentioned in the activity schedule, worked out as stated in the residual risk assessment guideline.

Division 4 Requests for information

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.

Division 5 Deciding surrender applications

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.

Division 6 Residual risk requirements

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).

272Criteria for decision to make residual risks requirement

The administering authority may make a residual risks requirement for the surrender application only if it is satisfied the requirement is justified having regard to—
(a)the degree of risk of environmental harm likely to happen if the relevant arealand the subject of the application is managed under the relevant requirements of this Act and instruments made under it; and
(b)the likelihood of action being needed to—
(i)reinstate rehabilitation that fails to establish a safe, stable and self-sustaining ecosystem; or
(ii)maintain environmental management processes needed to protect the environment; or

Example of an action for subparagraph (ii)—

plugging a GHG well that is found to be leaking GHG into an overlying aquifer
(iii)restore the environment because of environmental harm resulting from relevant resource activities for the environmental authority; and

Example of an action for subparagraph (iii)—

pumping contaminated water to the surface for treatment
(c)the cost of likely action in comparison with the cost of best practice environmental management of the similar use of land that has not previously been affected by the activities.

273Amount and form of payment

(1)The administering authority must decide the amount and form of the payment required.
(2)The administering authority must have regard to the residual risk assessment guideline in deciding the amount of the payment.
(2)The administering authority may decide the amount by reference to a guideline or other publicly available document.
(3)Despite subsections (1) and (2), the administering authority can not require a payment of an amount more than the amount that, in the authority’s opinion, represents the likely rehabilitationmanagement costs.
(4)In this section—
likely rehabilitation costs means all likely costs and expenses that may be incurred in taking action to rehabilitate or restore and protect the environment because of environmental harm that may be caused by the residual risks of the relevant area.
likely management costs, in relation to land the subject of a surrender application, means all likely costs and expenses that may be incurred in carrying out remedial action or ongoing management activities in relation to the land because of residual risks of the land.

Division 7 Directions about rehabilitation

274Directions to carry out rehabilitation may be given if surrender refused

(1)This section applies if the administering authority decides to refuse a surrender application for an environmental authority for a resource activity.
(2)The administering authority may give the applicant a written direction (the rehabilitation direction) to carry out further stated rehabilitation within a stated reasonable period.
(3)The direction must be given to the applicant with the notice of the refusal of the application required under section 275(b).
(4)The notice of refusal must also include an information notice about the decision to give the direction.
(5)In this section—
rehabilitation includes environmental management.

Division 8 Miscellaneous provisions

275Steps after deciding surrender application

The administering authority must, within 10 business days after deciding a surrender application—
(a)if the decision is to approve the surrender—
(i)record, in the relevant register, the surrender and, if there is a post-surrender management report for land the subject of the application, the existence of the report; and
(i)record the surrender in the relevant register; and
(ii)give the applicant—
(A)written notice of the decision; and
(B)an information notice about any decision under section 271 for the application; and
(iii)give written notice of the decision to the scheme manager; orand
(iv)if there is a post-surrender management report for land the subject of the application—give written notice of the existence of the report to each owner or occupier of the land; or
(b)if the decision is to refuse the surrender—give the applicant an information notice about the decision.

275A Administering authority may amend PRCP schedule

(1)This section applies if—
(a)a surrender application for part of an environmental authority is approved; and
(b)a PRCP schedule applies for carrying out a relevant activity under the environmental authority as in force before the surrender; and
(c)because of the approval of the surrender application, the holder is no longer required to comply with a requirement under the PRCP schedule or a condition imposed on the schedule.
(2)The administering authority must, within the relevant period—
(a)amend the PRCP schedule or a condition imposed on the schedule to remove the requirement; and
(b)give a copy of the amended PRCP schedule to the holder; and
(c)include a copy of the amended PRCP schedule in the relevant register; and
(d)give the holder an information notice about the amendment.
(3)In this section—
relevant period means 10 business days after the administering authority decides the surrender application.

275BRecording of residual risks

(1)This section applies if the administering authority approves a surrender application for which there is a post-surrender management report that includes a risk management plan for land the subject of the surrender application.
(2)As soon as practicable after approving the surrender application, the administering authority must give the registrar of titles written notice of the following—
(a)the land to which the surrender application applies is subject to residual risks;
(b)the existence of the post surrender management report for the land.
(3)The notice must include particulars of the land.
(4)The registrar must keep records that—
(a)show the land is subject to residual risks; and
(b)state the places where the post-surrender management report for the land may be inspected.
(5)The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land will show—
(a)the land is subject to residual risks; and
(b)the existence of the post-surrender management report for the land.
(6)If the administering authority forms the belief that the land is not or is no longer subject to residual risks—
(a)the administering authority must, as soon as practicable after forming the belief, give the registrar written notice of the belief; and
(b)the registrar must, as soon as practicable after receiving the notice under paragraph (a), remove the particulars of the residual risks and post-surrender management report from the registrar’s records.

276Restriction on surrender taking effect if payment required for residual risks

(1)This section applies if the applicant has, under section 271, been required to pay an amount for residual risks of the area the subject of a surrender application.
(2)Despite section 275, a decision to approve the surrender does not take effect until the requirement has been complied with.

Part 11 Cancellation or suspension of environmental authorities by administering authority

Division 1 Preliminary

277Automatic cancellation if replacement environmental authority given

(1)An environmental authority is cancelled if a replacement environmental authority for the authority has taken effect.
(2)The administering authority must, as soon as practicable after the replacement environmental authority takes effect, record particulars of the cancellation in the relevant register.

277ACancellation of particular environmental authority on holder’s request

(1)This section applies to an environmental authority that—
(a)is in effect on the commencement of the section; and
(b)is for a mining activity that—
(i)is an eligible ERA; and
(ii)is a small scale mining activity; and
(iii)is carried out under a mining claim or an exploration permit, including a mining claim that, under the Mineral Resources Act, section 816, has been converted from a mining lease.
(2)The holder of the environmental authority may give the chief executive a notice in the approved form asking the chief executive to cancel the authority.
(3)On receiving a notice under this section, the chief executive must cancel the environmental authority.
(4)If the chief executive cancels an environmental authority, the chief executive must—
(a)give the holder notice of the cancellation; and
(b)record the cancellation in the relevant register.
(5)Divisions 2 and 3 do not apply to a cancellation of an environmental authority under this section.
(6)No amount of any annual fee paid by the holder is refundable to the holder because of a cancellation under this section.

278Cancellation or suspension by administering authority

(1)The administering authority may cancel or suspend an environmental authority if an event mentioned in subsection (2) has happened and the procedure under division 2 is followed.
(2)For subsection (1), the events are as follows—
(a)the environmental authority was issued because of a materially false or misleading certificate, declaration or representation, made either orally or in writing;
(b)financial assurance required under a condition of the environmental authority has not been given in the amount or in the form required under the notice given under section 311;
(baa)an application by the environmental authority holder made under section 312 to increase the amount of financial assurance given for the authority has been approved but the amount of the increase of the financial assurance has not been given;
(ba)the administering authority has, under section 315, required the holder of the environmental authority to change the amount of financial assurance and the holder has not complied with the requirement;
(c)the administering authority has, under section 316(2)(b), directed the holder to replenish financial assurance for the environmental authority and the holder has not complied with the direction;
(ca)the holder has failed to comply with a requirement to pay a contribution or give a surety to the scheme manager under the Mineral and Energy Resources (Financial Provisioning) Act 2018;
(cb)if a PRCP schedule applies for carrying out relevant activities under the environmental authority—the holder has failed to comply with the schedule;
(d)the environmental authority holder is, after the giving of the environmental authority, convicted of an environmental offence;
(e)the environmental authority holder’s registration as a suitable operator is cancelled or suspended, or is proposed to be cancelled or suspended, under chapter 5A, part 4, division 2;
(f)the holder has been given an annual notice, audit notice or surrender notice and the notice has not been complied with;
(g)if an SDA approval under the State Development Act is necessary under that Act for carrying out an environmentally relevant activity for the authority—the approval lapses or otherwise ends, or the Coordinator-General refuses to give the approval;
(h)if the authority is for a prescribed ERA—a development application for any necessary development permit for a material change of use of premises relating to the prescribed ERA lapses or is refused or withdrawn;
(i)if the authority is for a resource activity—a relevant tenure for the authority has not been granted under resource legislation.

278A Effect of cancellation or suspension of environmental authority on PRCP schedule

(1)If a PRCP schedule applies for carrying out a relevant activity to which a suspended environmental authority relates, the schedule—
(a)continues in force for the relevant activity; and
(b)is not affected by the suspension.
(2)If a PRCP schedule applies for carrying out a relevant activity under an environmental authority that is cancelled, the schedule ceases to have effect on the cancellation.

Division 2 Procedure for cancellation or suspension by administering authority

279Application of div 2

This division applies if the administering authority proposes to cancel or suspend an environmental authority.

280Notice of proposed action

(1)The administering authority must give the environmental authority holder a written notice stating each of the following—
(a)the action (the proposed action) the administering authority proposes taking under this division;
(b)the grounds for the proposed action;
(c)the facts and circumstances that are the basis for the grounds;
(d)if the proposed action is to suspend the environmental authority—the proposed suspension period;
(e)that the holder may, within a stated period, make written representations to show why the proposed action should not be taken.
(2)The stated period must end at least 20 business days after the holder is given the notice under subsection (1).
(3)For subsection (1)(d), the proposed suspension period may be fixed by reference to a stated event.

Example for subsection (3)—

If a ground on which the proposed action is to be taken is that financial assurance required under a condition of the environmental authority has not been given, the proposed suspension period may be stated as the period ending when the financial assurance is given.

281Considering representations

The administering authority must consider any written representation made within the stated period by the environmental authority holder.

282Decision on proposed action

(1)If, after complying with section 281, the administering authority still believes a ground exists to take the proposed action, it may—
(a)suspend the environmental authority for no longer than the proposed suspension period; or
(b)if the proposed action was to cancel the environmental authority—either cancel the environmental authority or suspend it for a fixed period.
(2)The decision under subsection (1) is the proposed action decision.
(3)If the administering authority at any time decides not to take the proposed action, it must promptly give the environmental authority holder written notice of the decision.

283Notice of proposed action decision

(1)The administering authority must, within 10 business days after the proposed action decision is made, give the environmental authority holder an information notice about the decision.
(2)If the proposed action decision relates to an environmental authority for resource activities, the administering authority must also give written notice of the decision to the chief executive administering the resource legislation.
(3)The decision takes effect on the later of the following—
(a)the day the notice is given to the holder;
(b)a later day of effect stated in the notice.
(4)However, if the decision was to cancel or suspend the environmental authority because of the conviction of the holder for an offence, the cancellation or suspension—
(a)does not take effect until—
(i)the period to appeal against the conviction ends; and
(ii)if the appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and
(b)has no effect if the conviction is quashed on appeal.

Division 3 Steps after making decision

284Steps for cancellation or suspension

(1)This section applies if the proposed action decision is to take action and the decision has taken effect.
(2)The administering authority must, as soon as practicable—
(a)take the action; and
(b)record the action in the relevant register.
(3)Also, if the action is suspension of an environmental authority, the administering authority must record when the suspension period starts and ends in the relevant register.
(4)A suspension of an environmental authority ends at the end of the day recorded in the relevant register as the end of the suspension period.

284AA Cancellation after suspension if annual fee not paid

(1)This section applies if—
(a)the proposed action decision is to take action and the decision has taken effect; and
(b)the action is suspension of an environmental authority for a suspension period ending when the annual fee for the environmental authority is paid; and
(c)the annual fee for the environmental authority is not paid within 20 business days after the proposed action decision takes effect.
(2)The administering authority may cancel the environmental authority if the procedure under division 2 is followed.
(3)The suspension period for the environmental authority continues until the earlier of the following—
(a)the end of the suspension period for the environmental authority;
(b)the cancellation of the environmental authority.

Part 11A Suspension of environmental authorities by application

Division 1 Preliminary

284AWho may apply

The holder of an environmental authority may, at any time, apply to the administering authority to suspend the environmental authority (a suspension application).

Division 2 Suspension applications

284BRequirements for suspension application

(1)A suspension application must—
(a)be made to the administering authority; and
(b)be made in the approved form; and
(c)be accompanied by the fee prescribed under a regulation; and
(d)nominate the period of the proposed suspension.
(2)The nominated period of the proposed suspension must be for 1, 2 or 3 years from the next anniversary day for the environmental authority.

Division 3 Deciding suspension applications

284CDeciding suspension application

The administering authority must, within 20 business days after receiving the suspension application, decide whether to—
(a)approve the application; or
(b)refuse the application.

284DCriteria for deciding suspension application

In deciding the application, the administering authority must consider—
(a)the degree of risk of environmental harm that has already been caused by the relevant activity, or that might reasonably be expected to be caused during the suspension of the relevant activity; and
(b)the likelihood of action being required to rehabilitate or restore and protect the environment because of environmental harm being caused during the suspension of the relevant activity; and
(c)the environmental record of the holder.

284ERestrictions on giving approval

The administering authority may approve the application only if—
(a)the environmental authority is not subject to conditions requiring rehabilitation; or
(b)a PRCP schedule does not apply for carrying out relevant activities under the environmental authority.

284FSteps after deciding suspension application

(1)The administering authority must, within 5 business days after deciding a suspension application—
(a)if the decision is to approve the suspension of the environmental authority—
(i)record the suspension in the appropriate register, including when the suspension period starts and ends; and
(ii)give the holder of the environmental authority written notice of the decision; or
(b)if the decision is to refuse the suspension—give the holder an information notice about the decision.
(2)The environmental authority is suspended for the period stated in the decision notice, unless the holder of the environmental authority terminates the suspension before the end of the suspension period.

Division 4 Termination of suspension

284GTermination of suspension

(1)The holder of an environmental authority that has been suspended under this part may, by notice given to the administering authority, terminate the suspension of the environmental authority.
(2)The notice—
(a)may be given—
(i)before the suspension takes effect; or
(ii)during the suspension period; and
(b)must be accompanied by the fee prescribed under a regulation.

Part 12 Auditing PRCP schedules

Division 1 Requirements for audit

285PRCP schedule must be audited

(1)The holder of a PRCP schedule must commission an audit of the schedule by a rehabilitation auditor for the following periods (each an audit period)—
(a)the 3-year period starting on the day the schedule takes effect;
(b)each 3-year period starting on the day after the previous audit period ended.
(2)The holder must, within 4 months after the end of each audit period, give the administering authority—
(a)the rehabilitation auditor’s report (an audit report) about the audit that complies with section 286; and
(b)a declaration for the audit report stating the holder—
(i)has not knowingly given false or misleading information to the rehabilitation auditor; and
(ii)has given all relevant information to the rehabilitation auditor.

Maximum penalty—100 penalty units.

(3)The declaration mentioned in subsection (2)(b) must be made—
(a)if the holder is an individual—by the holder; or
(b)if the holder is a corporation—by an executive officer of the corporation.

286Requirements for report about PRCP schedule audit

An audit report for a PRCP schedule must be in the approved form, and include the following—
(a)a statement about whether the holder has complied with the schedule during the audit period, including—
(i)details of actions the holder has taken, or failed to take, in relation to the rehabilitation milestones and management milestones under the schedule; and
(ii)whether the holder has complied, or failed to comply, with conditions imposed on the schedule; and
(iii)whether information given to the administering authority under this Act about rehabilitation carried out under the schedule is accurate;
(b)an assessment of whether the post-mining land use for land the subject of the schedule is likely to be achieved, having regard to the rehabilitation that has been and is to be carried out under the schedule;
(c)recommendations about actions the holder should take to ensure rehabilitation milestones and management milestones are achieved or conditions of the schedule are complied with;
(d)the other information the administering authority reasonably considers necessary to decide whether to take action to amend the schedule under part 6.

Division 2 Steps after receiving audit report and rehabilitation auditors

287Administering authority may request further information

(1)After receiving an audit report for a PRCP schedule, the administering authority may, by written notice given to the holder of the schedule, ask the holder to give further information the authority requires to decide whether to take action to amend the schedule under part 6.
(2)The request must—
(a)be made within 10 business days after the report is received; and
(b)state a period of at least 20 business days within which the holder must give the information.

288Rehabilitation auditors

(1)A person may be commissioned to carry out an audit of a PRCP schedule only if the person meets the requirements decided by the chief executive.
(2)To remove any doubt, it is declared that chapter 12, part 3A does not apply in relation to rehabilitation auditors.

Part 13 Plan of operations

289Definition for part

In this part—
plan of operations, for a petroleum lease, includes a plan of operations given to the administering authority for a proposed lease substantially the same as the petroleum lease.

290Application of part

This part applies in relation to an environmental authority for a petroleum activity authorised under a petroleum lease, if the petroleum activity is an ineligible ERA.

291Plan of operations required before actingto act under petroleum lease

The holder of the environmental authority must not carry out, or allow the carrying out of, a petroleum activity under the petroleum lease unless either
(a)the holder has given the administering authority a plan of operations for the petroleum activities; and
(b)at least 20 business days, or a shorter period agreed in writing by the administering authority and the holder, have passed since the plan was submitted; and
(c)the plan complies with section 292.
(a)all of the following apply—
(i)the holder has given the administering authority a plan of operations for the petroleum activities;
(ii)at least 20 business days, or a shorter period agreed in writing by the administering authority and the holder, have passed since the plan was submitted;
(iii)the plan complies with section 292;
(iv)the petroleum activity is carried out in the plan period; or
(b)all of the following apply—
(i)the holder has given the administering authority a replacement plan for the petroleum activities under section 293 at least 20 business days, or a shorter period agreed in writing by the administering authority and the holder, before the original plan ends;
(ii)the replacement plan complies with section 293;
(iii)the petroleum activity is carried out in the period for the replacement plan mentioned in section 293(7).

Maximum penalty—100 penalty units.

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 resource activity under the authority.

292Requirements for plan of operations

(1)A plan of operations must—
(a)be in the approved form; and
(b)describe the following—
(i)each petroleum lease for the environmental authority;
(ii)the land to which each petroleum lease relates;
(iii)the land to which the plan applies; and
(c)state the period to which the plan applies (the plan period); and
(d)include the following—
(i)a map showing where all petroleum activities are to be carried out on the land;
(ii)an action program for complying with the conditions of the environmental authority;
(iii)a program for the rehabilitation of land disturbed or proposed to be disturbed under each petroleum lease;
(iv)the matters prescribed under an environmental protection policy or by regulation; and
(e)be accompanied by a compliance statement for the plan; and
(f)be accompanied by the fee prescribed by regulation.
(2)A compliance statement under subsection (1)(e) must—
(a)state the extent to which the plan complies with the conditions of the environmental authority; and
(b)be made—
(i)if the holder is an individual—by the holder; or
(ii)if the holder is a corporation—by an executive officer of the corporation.
(3)The plan period can not be longer than 5 years.
(4)A proposed plan of operations may relate to 1 or more petroleum leases.

293Amending or replacing plan

(1)This section applies if—
(a)the holder of the environmental authority has given the administering authority a plan of operations (the original plan); and
(b)the plan period for the plan has not ended.
(2)The holder may amend or replace the original plan at any time before the plan period ends by giving the administering authority a written notice that—
(a)states—
(i)the amendment of the original plan; or
(ii)that the original plan is replaced; and
(b)is accompanied by—
(i)for a replacement—thea replacement plan, in the approved form, that complies with section 292(1)(b) to (d); and
(ii)a compliance statement for the original plan, as amended, or for the replacement plan; and
(iii)the fee prescribed by regulation.

Note—

See section 291(b) for conditions about when the holder of an environmental authority for a petroleum activity may carry out, or allow the carrying out of, the activity under the petroleum lease.
(3)The compliance statement must comply with section 292(2).
(4)The holder’s plan of operations is taken to be the original plan, as amended from time to time by any amendment under this section.
(5)However, an amendment can not extend the plan period.
(6)The original plan ceases to apply if it is replaced.
(7)A replacement plan may apply for a period of no more than 5 years after the day the notice of the replacement plan is given under this section.

294Failure to comply with plan of operations

The environmental authority holder must, when carrying out a petroleum activity under the petroleum lease, comply with the plan of operations.

Maximum penalty—100 penalty units.

295Environmental authority overrides plan

(1)This section applies if there is an inconsistency between an environmental authority and a plan of operations.
(2)The environmental authority prevails to the extent of the inconsistency.
(3)The holder of the environmental authority must, within 15 business days after the holder becomes aware of the inconsistency, amend the plan to remove the inconsistency.

Maximum penalty—100 penalty units.

Part 14 Matters relating to costs of rehabilitation

Division 1 Estimated rehabilitation costs for resource activities and ERC decisions

296Definitions for division

In this division—
ERC decision means a decision of the administering authority under section 300 about the estimated rehabilitation cost for a resource activity.
ERC period, for the estimated rehabilitation cost for a resource activity, means—
(a)if a PRCP schedule applies for the activity—the period of between 1 and 5 years stated in the application for an ERC decision under section 298(2)(b); or
(b)if the activity is a petroleum activity that is an ineligible ERA, other than a petroleum activity to which a plan of operations applies, or the activity relates to a 1923 Act petroleum tenure granted under the Petroleum Act 1923—the period of between 1 and 5 years stated in the ERC decision about the estimated rehabilitation cost; or
(c)if a plan of operations applies for the activities—the plan period for the plan of operations; or
(d)otherwise—the total period during which the resource activity is likely to be carried out under the environmental authority for the activity.
estimated rehabilitation cost, for a resource activity, see section 300(2).

297Condition about ERC decision

It is a condition of an environmental authority for a resource activity that the holder must not carry out, or allow the carrying out of, a resource activity under the authority unless—
(a)an ERC decision is in effect for the resource activity when the activity is carried out; and
(b)the holder 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; and
(c)the holder has complied with the requirements under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for paying a contribution to the scheme fund, or giving a surety for the authority, as required from time to time.

298Applying for ERC decision

(1)The holder of an environmental authority for a resource activity may apply to the administering authority for an ERC decision for the resource activity.
(2)The application must—
(a)be in the approved form; and
(b)state the ERC period to which the application relates; and
(c)state the amount the holder considers to be an estimate of the total cost, for the ERC period, of the following, worked out in compliance with the methodology decided by the chief executive—
(i)rehabilitating the land on which the resource activity is carried out;
(ii)preventing or minimising environmental harm, or rehabilitating or restoring the environment, in relation to the resource activity; and
(d)include the other information the administering authority reasonably considers necessary to make the ERC decision; and
(e)include a compliance statement made by or for the holder stating the amount mentioned in paragraph (c) for the ERC period—
(i)is worked out in compliance with the methodology mentioned in that paragraph; and
(ii)if a PRCP schedule or plan of operations applies for the resource activities—is consistent with the schedule or plan.

299Administering authority may require additional information

(1)The administering authority may, within 10 business days after receiving the application, give the holder a written notice asking the holder to provide further information the authority reasonably requires to make the ERC decision.
(2)The notice must state a period of at least 10 business days within which the information must be given.
(3)If the holder does not comply with the notice, the administering authority may make the ERC decision without the further information.

300Making ERC decision

(1)After receiving the application, the administering authority must decide, for the ERC period, the amount of the estimated cost of—
(a)rehabilitating the land on which the resource activity is carried out; and
(b)preventing or minimising environmental harm, or rehabilitating or restoring the environment, in relation to the resource activity.
(2)The amount of the estimated cost decided under subsection (1) is called the estimated rehabilitation cost for the resource activity.
(3)The decision must be made within—
(a)the later of—
(i)15 business days after the application is received; or
(ii)if a notice under section 299 is given to the holder of the environmental authority—10 business days after the day the further information is received or the holder fails to comply with the notice; or
(b)if the holder agrees to a longer period of no more than 20 business days—the longer period.
(4)However, if the decision is for an application that accompanied a de-amalgamation application, the decision must be made—
(a)within the longer of the periods mentioned in subsection (3) that applies to a decision for any of the proposed de-amalgamated environmental authorities to which the application relates; and
(b)at the same time as the decision under this section for each of the proposed de-amalgamated environmental authorities to which the application relates.
(45)In making the decision, the administering authority must have regard to—
(a)whether the estimate of the total cost mentioned in section 298(2)(c) has been worked out, for the ERC period, as mentioned in that paragraph; and
(b)the guidelines under section 550.
(56)The ERC decision—
(a)takes effect on—
(i)if the decision is for an application that accompanied a de-amalgamation application—the day the de-amalgamation takes effect under section 250D; or
(ii)otherwise—the day the decision is made; and
(a)takes effect on the day the decision is made; and
(b)subject to section 305, remains in effect until the day the ERC period to which the decision relates ends.

301Notice of decision

(1)The administering authority must, within 5 business days after making the ERC decision, give an information notice for the decision to—
(a)the holder of the environmental authority; and
(b)the scheme manager.
(2)The notice must state—
(a)the estimated rehabilitation cost for the resource activity; and
(b)the period for which the ERC decision is in force.

302Application for new ERC decision before expiry

(1)This section applies to the holder of an environmental authority for a resource activity for which an ERC decision is in force.
(2)The holder must apply, under section 298, for a new ERC decision—
(a)for an environmental authority for a petroleum activity to which a plan of operations applies—
(i)if the day the holder gives the administering authority a plan of operations to replace the plan of operations that applies to the activity is at least 20 business days before the ERC period to which the decision relates ends—on that day; or
(ii)otherwise—at least 20 business days before the ERC period to which the decision relates ends; or
(b)otherwise—at least 3 months before the ERC period to which the decision relates ends.

Maximum penalty—100 penalty units.

303Administering authority may direct holder to re-apply for ERC decision

(1)This section applies if the administering authority—
(a)becomes aware of a change relating to the carrying out of a resource activity by a holder of an environmental authority that may result in an increase in the estimated rehabilitation cost for the activity; or
(b)approves an application to amalgamate an environmental authority with another environmental authority under section 247; or
(c)de-amalgamates an environmental authority under section 250C.
(c)becomes aware an ERC decision was made on the basis of materially incorrect or misleading information.
(2)The administering authority—
(a)may decide to direct the holder or, for a de-amalgamated environmental authority, each of the holders, to re-apply, under section 298 for an ERC decision for the resource activity; and
(b)must give the holder, or each of the holders, an information notice for a decision to give a direction under paragraph (a).
(3)The notice must state a reasonable period within which the holder must comply with the direction.
(4)The holder must comply with the direction.

Maximum penalty—100 penalty units.

304When holder must re-apply for ERC decision

(1)This section applies in relation to the holder of an environmental authority for a resource activity if—
(a)there is an increase in the likely maximum amount of disturbance to the environment as a result of the holder carrying out the resource activity; or
(b)there is a change relating to the carrying out of the resource activity that may result in an increase in the estimated rehabilitation cost for the activity; or
(c)the holder’s annual return given under section 316I316IA states there has been a change to the carrying out of the activity that may affect the estimated rehabilitation cost; or
(d)the administering authority approves an application to amalgamate the environmental authority with another environmental authority under section 247; or.
(e)the administering authority de-amalgamates the environmental authority under section 250C.
(2)The holder must re-apply, under section 298, for an ERC decision for the resource activity—
(a)if subsection (1)(a) or (b) applies—within 10 business days after the holder becomes aware of the increase or change; or
(b)if subsection (1)(c) applies—within 10 business days after the holder gives the annual return to the administering authority; or
(c)if subsection (1)(d) applies—within 10 business days after the administering authority amalgamates the environmental authorities under section 248; or.
(d)if subsection (1)(e) applies—within 10 business days after the administering authority issues the de-amalgamated environmental authorities to the holder.

Maximum penalty—100 penalty units.

305Effect of re-application on ERC decision

(1)If an application for an ERC decision is made in compliance with section 302, 303 or 304, and the application has not been decided before the ERC period for the current decision ends, the current decision remains in effect until the day the application is decided.
(2)The current decision stops having effect for this Act when the ERC decision on the re-application is made.
(3)In this section—
current decision, for the holder of an environmental authority, means the ERC decision in effect when the holder applies for a decision under section 302, 303 or 304.

306Effect of amalgamation or de-amalgamation of environmental authority on ERC decision

(1)This section applies if—
(a)an ERC decision is in force for a resource activity; and
(b)the administering authority—
(i)approves an application to amalgamate the environmental authority for the resource activity with another environmental authority under section 247; or
(ii)de-amalgamates the environmental authority under section 250C.
(b)the administering authority approves an application to amalgamate the environmental authority for the resource activity with another environmental authority under section 247.
(2)For an application mentioned in subsection (1)(b)(i), onOn the day the application is approved—
(a)the ERC decision (the previous ERC decision) for each of the environmental authorities approved for amalgamation is no longer in force; and
(b)the administering authority is taken to have made an ERC decision under section 300 for the environmental authority issued because of the amalgamation; and
(c)the estimated rehabilitation cost for the ERC decision mentioned in paragraph (b) is taken to be the total of the estimated rehabilitation costs under the previous ERC decisions; and
(d)a contribution to the scheme fund paid, or surety given, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for each of the environmental authorities approved for amalgamation is taken to be a contribution to the scheme fund paid, or surety given, under that Act, for the environmental authority issued because of the amalgamation.
(3)For a de-amalgamated environmental authority mentioned in subsection (1)(b)(ii), on the day the authority is de-amalgamated—
(a)the ERC decision (also the previous ERC decision) for the de-amalgamated environmental authority is no longer in force; and
(b)the administering authority is taken to have made an ERC decision under section 300 for each of the environmental authorities issued because of the de-amalgamation; and
(c)the estimated rehabilitation cost for each ERC decision mentioned in paragraph (b) is taken to be the estimated rehabilitation cost under the previous ERC decision divided by the number of environmental authorities issued because of the de-amalgamation; and
(d)a contribution to the scheme fund paid, or surety given, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for the de-amalgamated environmental authority is taken to be a contribution to the scheme fund paid, or surety given, under that Act, for the environmental authorities issued because of the de-amalgamation.
(43)An ERC decision mentioned in subsection (2)(b)or (3)(b) remains in force for a relevant activity until the day a new ERC decision is made for the activity.
(54)The Mineral and Energy Resources (Financial Provisioning) Act 2018, section 26 does not apply to an ERC decision mentioned in subsection (2)(b) or (3)(b).

Division 2 Financial assurance for prescribed ERAs

307Application of division

This division applies in relation to an environmental authority for a prescribed ERA.

308Requirement to give financial assurance for environmental authority

(1)The administering authority may impose a condition on an environmental authority that the holder must not carry out, or allow the carrying out of, a relevant activity under the authority unless the holder has paid a financial assurance to the administering authority under this division.
(2)The condition may require the financial assurance to be given as security for—
(a)compliance with the environmental authority; and
(b)costs and expenses, or likely costs and expenses, mentioned in section 316C.
(3)However, the administering authority may impose the condition only if it is satisfied the condition is justified having regard to—
(a)the degree of risk of environmental harm being caused, or that might reasonably be expected to be caused, by the relevant activity; and
(b)the likelihood of action being required to rehabilitate or restore and protect the environment because of environmental harm being caused by the activity; and
(c)the environmental record of the holder.
(4)The administering authority may require a financial assurance to remain in force until it is satisfied no claim is likely to be made on the assurance.

309Application for decision about amount and form of financial assurance

(1)This section applies if a condition requiring a holder to give a financial assurance is imposed on an environmental authority.
(2)The holder may apply to the administering authority for a decision about the amount and form of financial assurance.
(3)The application must—
(a)be in the approved form; and
(b)include the information the administering authority reasonably considers necessary to decide the application.

310Deciding amount and form of financial assurance

(1)The administering authority must decide the amount and form of financial assurance required under a condition of an environmental authority.
(2)The decision must be made within—
(a)10 business days after the application made under section 309 is received by the administering authority; or
(b)if a longer period is agreed to by the holder—the longer period.
(3)In making the decision, the administering authority must have regard to the financial assurance guideline.
(4)Despite subsections (1) and (3), the administering authority can not require financial assurance of an amount that exceeds the amount representing the total likely costs and expenses that may be incurred in carrying out rehabilitation of, or to restore and protect, the environment because of environmental harm that may be caused by the prescribed ERA.
(5)In this section—
costs and expenses includes costs and expenses for monitoring and maintenance.

311Notice of decision

The administering authority must, within 5 business days after making a decision under section 310, give an information notice about the decision to the holder of the environmental authority.

312Application to amend or discharge financial assurance

(1)The holder of an environmental authority for which financial assurance has been given may apply to the administering authority to—
(a)amend the amount (by decreasing or increasing the amount) or form of the financial assurance; or
(b)discharge the financial assurance.
(2)The application must—
(a)be in the approved form; and
(b)state whether the application relates to—
(i)amending the amount or form of financial assurance; or
(ii)discharging the financial assurance; and
(c)if the application relates to amending the amount or form of financial assurance—include details of the proposed amendment; and
(d)include the information the administering authority reasonably considers necessary to decide the application.

313Administering authority may require compliance statement

(1)This section applies to an application under section 312.
(2)The administering authority may, by written notice given to the applicant, require the applicant to give the administering authority a compliance statement for the financial assurance before deciding the application.
(3)The compliance statement must—
(a)be made by or for the applicant; and
(b)state the extent to which activities carried out under the environmental authority to which the application relates have complied with the conditions of the environmental authority; and
(c)state whether or not the amount of the financial assurance has been calculated having regard to the financial assurance guideline.

314Deciding application

(1)The administering authority must, within the relevant period—
(a)approve or refuse an application under section 312; and
(b)give the applicant an information notice about the decision.
(2)If the application relates to amending the amount or form of financial assurance, the authority must have regard to the financial assurance guideline in deciding the application.
(3)Despite subsection (1), the administering authority may approve an application to discharge a financial assurance only if the authority is satisfied no claim is likely to be made on the assurance.
(4)Subsection (5) applies if the application—
(a)relates to amending or discharging the financial assurance; and
(b)the application was made because of a transfer application for the environmental authority for which the financial assurance was given.
(5)Despite subsection (1), the administering authority may withhold making a decision under that subsection until—
(a)the transfer application has been approved; and
(b)any financial assurance for the environmental authority required to be given by the new holder has been given; and
(c)the transfer has taken effect.
(6)In this section—
relevant period means—
(a)if the applicant is required to give a compliance statement under section 313—20 business days after the statement is received by the administering authority; or
(b)otherwise—20 business days after the application is received.

315Power to require a change to financial assurance

(1)The administering authority may, at any time, require the holder of an environmental authority for which financial assurance has been given to change the amount of the financial assurance.
(2)Before making the requirement, the administering authority must give written notice to the holder.
(3)The notice must—
(a)state the details of the proposed requirement; and
(b)invite the holder to make written representations about the proposed requirement within a stated period of at least 20 business days after the day the holder is given the notice.
(4)The administering authority must, before deciding to make the requirement, consider the representations made by the holder within the stated period.
(5)The requirement does not take effect until—
(a)the day the holder is given an information notice for the decision; or
(b)if the information notice states a later day—the later day.
(6)In this section—
change, financial assurance, includes to decrease or increase the amount of the financial assurance.
financial assurance includes financial assurance given by a holder that has changed because of a requirement previously made under this section.

316Replenishment of financial assurance

(1)This section applies if—
(a)under division 3, all or part of the financial assurance for an environmental authority has been realised; and
(b)the environmental authority is still in force.
(2)The administering authority must give the holder of the environmental authority a notice—
(a)stating how much of the financial assurance has been used; and
(b)directing the holder to, within 20 business days after the giving of the notice, replenish the financial assurance to the amount that was held by the administering authority before the financial assurance started to be realised.
(3)It is a condition of the environmental authority that the holder must comply with the direction.

Division 3 Claiming

316A Definitions for division

In this division—
environmental authority includes a cancelled or surrendered environmental authority.
EPA assurance means a financial assurance given under this Act.
scheme assurance means a contribution paid to the scheme fund or a surety given under the Mineral and Energy Resources (Financial Provisioning) Act 2018.

316B References to EPA assurance or surety

A reference in this division to making a claim on or realising an EPA assurance or a surety includes a reference to making a claim on or realising a part of the EPA assurance or surety.

316C Application of division

This division applies if the administering authority incurs, or might reasonably incur, costs and expenses in taking action to—
(a)prevent or minimise environmental harm, or rehabilitate or restore the environment, in relation to the carrying out of an activity for which an EPA assurance or scheme assurance has been given; or
(b)secure compliance with an environmental authority or prescribed condition for a small scale mining activity for which an EPA assurance or scheme assurance has been given.

316D Administering authority may claim or realise EPA assurance or ask scheme manager for payment

(1)If an entity has given an EPA assurance for an activity, the administering authority may recover the reasonable costs and expenses of taking an action under section 316C by making a claim on or realising the financial assurance.
(2)If an entity has given a scheme assurance, the administering authority may ask the scheme manager for—
(a)payment of the costs and expenses from the scheme fund; or
(b)if a surety has been given—payment of the costs and expenses by the scheme manager making a claim on or realising the surety.

316E Notice about claiming or realising EPA assurance or asking scheme manager for payment

(1)Before making a claim on or realising an EPA assurance, the administering authority must give written notice to the entity who gave the EPA assurance.
(2)Also, before asking the scheme manager for payment of the costs and expenses under section 316D(2)(b), the administering authority must give written notice to the entity who paid the surety.
(3)The notice must—
(a)state details of the action the administering authority proposes to take; and
(b)state the amount of the EPA assurance to be claimed or realised, or amount to be requested from the scheme manager; and
(c)for making a claim on or realising an EPA assurance or a surety under the Mineral and Energy Resources (Financial Provisioning) Act 2018—invite the entity to make written representations to the administering authority about why the assurance or surety should not be claimed or realised as proposed; and
(d)state the period within which the representations must be made.
(4)The stated period must end at least 20 business days after the entity is given the notice.

316F Considering representations

The administering authority must consider any written representations made within the stated period by the entity.

316G Decision

(1)The administering authority must, within 10 business days after the end of the stated period, decide whether to make a claim on, or realise, the EPA assurance, or to ask for payment of the costs and expenses mentioned in section 316D(2)(b).
(2)If the administering authority decides to act as mentioned in subsection (1), it must, within 5 business days after making the decision, give the entity an information notice about the decision.
(3)If the administering authority decides to ask for payment of the costs and expenses mentioned in section 316D(2)(a), it must, within 5 business days after asking for the payment, give the entity an information notice about the decision.

Part 15 General provisions

Division 1 Requirement for holders of PRC plan

316H Obligation to give amended rehabilitation planning part to administering authority

(1)This section applies if a PRCP schedule is amended under this chapter or section 318ZJA.
(2)Within the relevant period, the holder must—
(a)review the rehabilitation planning part of the holder’s PRC plan and make the necessary or appropriate amendments as a result of the amendment of the PRCP schedule; and
(b)give a copy of the amended rehabilitation planning part to the administering authority.

Maximum penalty—100 penalty units.

(3)The administering authority must include the amended rehabilitation planning part of the plan on the relevant register.
(4)In this section—
relevant period, for an amendment of a PRCP schedule, means—
(a)10 business days after the holder receives—
(i)for an amendment under section 211—a written notice of the amendment under section 211(b); or
(ii)for another amendment—a copy of the amended PRCP schedule; or
(b)if the administering authority agrees to a longer period—the longer period.

Division 2 Annual notices, fees and returns

316I Annual fee

(1)This section applies to the holder of an environmental authority for which an annual fee is prescribed by regulation.
(2)At least 20 business days before each anniversary day for the environmental authority, the administering authority must give the holder a written notice complying with subsection (3) (an annual notice).
(3)An annual notice must state—
(a)that the holder must pay the administering authority the appropriate annual fee, other than in a circumstance prescribed by regulation; and
(b)that the annual fee payable under the notice must be paid to the administering authority within a stated reasonable time, of at least 20 business days, after the day the notice is given; and
(c)that, if the holder does not comply with the notice, the environmental authority may be cancelled or suspended.

Note—

See section 278 in relation to cancellation or suspension of an environmental authority.
(4)If the holder does not pay the annual fee within the time stated for payment in the annual notice, the administering authority may recover the annual fee as a debt.
(5)A failure to give the notice by the time stated in subsection (2) does not invalidate or otherwise affect the validity of the notice.

316IA Annual returns

(1)This section applies to the holder of an environmental authority if the administering authority directs the holder, by written notice, to give an annual return for a stated period.
(2)Unless the holder has a reasonable excuse, the holder must give the administering authority an annual return—
(a)in the approved form; and
(b)on or before—
(i)the day prescribed by regulation; or
(ii)if no day is prescribed—1 March immediately following the year to which the annual return relates.

Maximum penalty—100 penalty units.

(3)If the environmental authority relates to a resource activity, the annual return must state whether there has been a change to the carrying out of the resource activity that may affect the ERC decision for the activity.

316J Particular requirement for annual returns for PRCP schedule holders

(1)This section applies to the holder of a PRCP schedule who is given a direction under section 316IA(1).
(2)The holder’s annual return must include an evaluation of the effectiveness of—
(a)the actions taken in relation to each rehabilitation milestone or management milestone under the schedule; and
(b)the environmental management carried out under the schedule.
(3)Without limiting subsection (2), the evaluation must state—
(a)whether any rehabilitation milestones or management milestones to be completed under the PRCP schedule during the year have been met; and
(b)whether the holder has complied with the conditions imposed on the PRCP schedule.

316K Particular requirement for annual return for CSG environmental authority

(1)This section applies to the holder of an environmental authority for a CSG activity if the activity is an ineligible ERA.
(2)The annual return must include an evaluation of the effectiveness of the management of CSG water under the criteria mentioned in section 126(1)(e) for carrying out each relevant CSG activity.
(3)Without limiting subsection (2), the evaluation must state—
(a)whether the CSG water has been effectively managed having regard to the criteria; and
(b)if the water has not been effectively managed—
(i)the action that will be taken to ensure the water will in the future be effectively managed having regard to the criteria; and
(ii)when the action will be taken.

Division 3 Changing anniversary day

316L Changing anniversary day

(1)The administering authority may change the anniversary day, for an environmental authority for which an annual fee is prescribed by regulation, to another day (the new day) if the holder of the environmental authority—
(a)agrees in writing to the change; or
(b)applies to the administering authority to change the anniversary day to a new day.
(2)The application must be in the approved form and be accompanied by the fee prescribed by regulation.

316M Deciding application

The administering authority must, within 20 business days after the application is made, decide whether to change the anniversary day to the new day.

316N Notice of decision

The administering authority must, within 10 business days after the decision is made, give the holder—
(a)if the decision is to change the day—written notice of the decision; or
(b)if the decision is not to change the day—an information notice for the decision.

316O When decision takes effect

A decision to change the anniversary day takes effect on the later of the following days—
(a)the day the holder is given notice of the decision;
(b)a later day of effect stated in the notice.

Division 4 Non-compliance with eligibility criteria

316P Requirement to replace environmental authority if non-compliance with eligibility criteria

(1)This section applies if—
(a)an environmental authority is issued for a standard or variation application under part 5; and
(b)the relevant activity for the authority does not comply with the eligibility criteria for the activity.
(2)The administering authority may require the holder of the environmental authority to—
(a)make a site-specific application for a new environmental authority under part 2 to replace the environmental authority; or
(b)make an amendment application for the environmental authority under part 7.
(3)Before making a requirement under subsection (2), the administering authority must give written notice of the proposed requirement to the holder of the environmental authority.
(4)The notice must state the following—
(a)the grounds for the requirement;
(b)the facts and circumstances that are the basis for the grounds;
(c)that the holder may, within a stated period of at least 20 business days, make written representations to show why the requirement should not be made.
(5)The administering authority must, before deciding to make the requirement, consider the representations made by the holder within the stated period.
(6)The requirement does not take effect until—
(a)the holder is given an information notice about the decision; or
(b)if the information notice states a later day the requirement takes effect—the later day.
(7)The holder of the authority must comply with a requirement under subsection (2).

Maximum penalty for subsection (7)—4,500 penalty units.

Division 4A Public interest evaluations

316PA Public interest evaluations

(1)The purpose of a public interest evaluation of a proposed non-use management area identified in a proposed PRCP schedule is to provide a recommendation about whether the approval of the area as a non-use management area is in the public interest.

Note—

See sections 49(5A) and (5B) and 136A for when a public interest evaluation must be carried out.
(2)A public interest evaluation for a proposed PRCP schedule must include a consideration of the following matters—
(a)the benefit, including the significance of the benefit, to the community resulting from the mining activity or resource project the subject of the environmental authority application to which the PRCP schedule relates;
(b)any impacts, including long-term impacts for the environment or the community, that may reduce the benefit mentioned in paragraph (a) or have other negative impacts on the environment or community;
(c)whether there are any alternative options to approving the area as a non-use management area having regard to—
(i)the costs or other consequences of the alternative options; and
(ii)the impact of the costs or other consequences on the financial viability of the mining activity or resource project;
(d)whether the benefit to the community mentioned in paragraph (a), weighed against the impacts mentioned in paragraph (b), is likely to justify the approval of the non-use management area having regard to any alternative options mentioned in paragraph (c);
(e)another matter prescribed by regulation.
(3)Each matter mentioned in subsection (2) is a public interest consideration.
(4)A regulation may prescribe the following in relation to the carrying out of a public interest evaluation—
(a)how the evaluation must be carried out;
(b)the matters to be considered in evaluating each public interest consideration.

316PB Requirements for report about particular public interest evaluations

(1)This section applies in relation to a report about a public interest evaluation for land the subject of—
(a)a proposed PRCP schedule included with an EIS mentioned in section 49(5A); or
(b)a site-specific application mentioned in section 136A(1)(b).
(2)The qualified entity who gives the report must, before giving the report to the administering authority, give the proponent for the EIS or applicant for the application—
(a)a copy of the proposed report; and
(b)a notice stating that the proponent or applicant may, within 20 business days after the notice is given, make submissions to the qualified entity about the proposed report.
(3)Before finalising the report, the qualified entity must consider any submissions properly made by the proponent or applicant within the period stated in the notice under subsection (2)(b).
(4)The report given to the chief executive must include—
(a)a recommendation about whether it is in the public interest to approve the non-use management area; and
(b)the reasons for the recommendation; and
(c)a response to, or statement about how the qualified entity has considered, any properly made submissions by the proponent or applicant; and
(d)another matter prescribed by regulation.
(5)The administering authority must, within 5 business days after receiving the report—
(a)publish the report on the register kept under section 540; and
(b)notify the following entities that the report has been received—
(i)for a report mentioned in subsection (1)(a)—the proponent for the EIS;
(ii)for a report mentioned in subsection (1)(b)—the applicant;
(iii)each entity who made a submission to the chief executive about the EIS under section 54 or the administering authority about the application under section 160.

316PC Review of report

(1)This section applies if—
(a)an entity is notified under section 316PB(5)(b) that a report (the original report) has been received; and
(b)the entity—
(i)has justifiable doubts about the impartiality or independence of the qualified entity who gave the original report; or
(ii)reasonably believes the qualified entity has made a substantive error in carrying out the public interest evaluation that affects a recommendation made in the original report.
(2)The entity may, within 15 business days after being notified about the original report, ask the chief executive to arrange for another qualified entity to review the original report.
(3)If the chief executive receives a request under subsection (2), the chief executive must ask another entity (the reviewing entity) to review the original report.
(4)The reviewing entity must be—
(a)an entity that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation; and
(b)if the original report is—
(i)a report mentioned in section 316PB(1)(a)—an entity other than the proponent for the EIS; or
(ii)a report mentioned in section 316PB(1)(b)—an entity other than the applicant.
(5)After reviewing the original report, the reviewing entity must, within 6 months after the chief executive makes the request under subsection (3)—
(a)decide to—
(i)confirm each recommendation made in the original report; or
(ii)substitute 1 or more recommendations made in the original report; and
(b)give written notice of the decision to—
(i)the chief executive; and
(ii)the entity who asked for the review under subsection (2).
(6)The written notice must include reasons for the reviewing entity’s decision under subsection (5)(a).
(7)The chief executive must, within 5 business days after receiving the notice—
(a)ensure the administering authority notes the decision on the register kept under section 540; and
(b)notify the following entities about the reviewing entity’s decision—
(i)for a report mentioned in section 316PB(1)(a)—the proponent for the EIS;
(ii)for a report mentioned in section 316PB(1)(b)—the applicant;
(iii)each entity who made a submission to the chief executive about the EIS under section 54 or the administering authority about the application under section 160.

316PD Costs of public interest evaluations and reviews

(1)The costs reasonably incurred by the administering authority in obtaining a report about a public interest evaluation are a debt payable by the applicant to the administering authority.
(2)The costs reasonably incurred by the chief executive in asking a reviewing entity to review a report about a public interest evaluation under section 316PC are a debt payable by the following entity to the State—
(a)if an entity other than the applicant or proponent requested the review and all recommendations made in the report are confirmed under section 316PC(5)(a)(i)—the entity;
(b)otherwise—the proponent or applicant.

316PE Confidentiality of public interest evaluation

(1)This section applies to a person who—
(a)is, or has been, any of the following persons performing functions under this Act for a public interest evaluation—
(i)the chief executive;
(ii)a public service employee of the department;
(iii)a qualified entity under section 49(8) or 136A(3) or a reviewing entity under section 316PC(3); and
(b)in that capacity, acquires confidential information.
(2)The person must not disclose the confidential information or give access to the confidential information to anyone else.

Maximum penalty—100 penalty units.

(3)However, subsection (2) does not apply if the disclosure of, or the giving of access to, the confidential information—
(a)is with the consent of the person to whom the information relates; or
(b)is only to the extent the disclosure or access is necessary to perform the person’s function under this Act in relation to the public interest evaluation; or
(c)is permitted or required under an Act or law.
(4)In this section—
confidential information means information about a person’s commercial, business or financial affairs, other than—
(a)statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates; or
(b)information that is publicly available.

Division 5 Miscellaneous provisions

316Q Administering authority may seek advice, comment or information about application

(1)The administering authority may ask any entity for advice, comment or information about an application, or a proposed PRC plan accompanyingfor the application, made under this chapter at any time.
(2)There is no particular way the advice, comment or information may be asked for and received and the request may be by public notice.

316R Decision criteria are not exhaustive

(1)This section applies if—
(a)an entity is deciding, or is required to decide, an application under this chapter; and
(b)a provision of this chapter requires the entity, in making the decision, to consider stated criteria or matters.
(2)The stated criteria or matters do not limit the criteria or matters the entity may consider in making the decision.

Chapter 5A General provisions about environmentally relevant activities

Part 1 ERA standards

317Definitions for pt 1

In this part—
consultation period, for an ERA standard, see section 318A(1)(b)(ii).
ERA standard means a standard made under section 318.
relevant existing authority, for an ERA standard, means an environmental authority—
(a)issued before the ERA standard is made; and
(b)subject to conditions identified in the authority as standard conditions for the environmentally relevant activity to which the ERA standard relates.

318Chief executive may make ERA standard

(1)The chief executive may make a standard for—
(a)the eligibility criteria for an environmentally relevant activity; and
(b)the standard conditions for an environmentally relevant activity.
(2)An ERA standard mentioned in subsection (1) may state that the standard conditions apply to relevant existing authorities.

318ANotice of proposed ERA standards

(1)Before the chief executive makes an ERA standard, the chief executive must publish the following on the department’s website—
(a)a copy of the proposed ERA standard;
(b)a notice stating—
(i)that a person may make a submission to the chief executive about the proposed ERA standard; and
(ii)the period, of at least 30 business days, (the consultation period) during which a submission may be made; and
(iii)how to make a submission; and
(iv)if standard conditions provided for under the proposed ERA standard will apply to relevant existing authorities—that the standard conditions provided for under the proposed ERA standard will apply to relevant existing authorities.
(2)The chief executive must ensure the documents mentioned in subsection (1) are published on the department’s website throughout the consultation period.
(3)Subsections (4) and (5) apply if standard conditions provided for under the proposed ERA standard will apply to relevant existing authorities.

Note—

The administering authority may amend a relevant existing authority to reflect new standard conditions in particular circumstances. See section 213.
(4)The chief executive must give written notice about the proposed ERA standard to each holder of a relevant existing authority that is in effect immediately before the consultation period starts under subsection (1) and for which the proposed standard conditions in the ERA standard will apply.
(5)A notice under subsection (4) must state—
(a)that the chief executive proposes to make an ERA standard that will apply to the holder’s relevant existing authority; and
(b)details of the department’s website address; and
(c)that the holder may make a submission to the chief executive about the proposed ERA standard during the consultation period.

318BConsideration of submissions

The chief executive must consider all submissions made during the consultation period before deciding whether to make an ERA standard.

318CPublication of ERA standard

The chief executive must publish a copy of each ERA standard made by the chief executive on the department’s website.

318DApproval of ERA standard by regulation

An ERA standard takes effect when it is approved by a regulation.

318DA Minor amendment of ERA standard

(1)The chief executive may make a minor amendment of an ERA standard by publishing a copy of the amended ERA standard on the department’s website.
(2)The amended ERA standard takes effect when it is approved by a regulation.
(3)In this section—
minor amendment, of an ERA standard, means an amendment of the standard—
(a)to change a title or department name; or
(b)to correct a spelling or grammatical error; or
(c)to change terminology that has no effect on the operation of the standard; or
(d)to make another change the chief executive is satisfied is not a change of substance.

Note—

An amendment of an ERA standard other than a minor amendment is made by the making of a new ERA standard.

Part 3 Codes of practice

318ECodes of practice

(1)The Minister may, by gazette notice, make codes of practice stating ways of achieving compliance with the general environmental duty for an activity that causes, or is likely to cause, environmental harm.
(2)In making a code of practice under subsection (1), the Minister must have regard to the matters mentioned in section 319(2).
(3)The department must keep a copy of a code of practice made under subsection (1) available on its website.
(4)A code of practice has effect for 7 years after the day it is made, unless it is earlier repealed.

Part 4 Registration of suitable operators

Division 1 Applications for registration

318FApplication for registration

(1)An entityA person may apply to be registered as a suitable operator for the carrying out of an environmentally relevant activity.
(2)The application must—
(a)be made to the chief executive in the approved form; and
(b)be accompanied by the fee prescribed under a regulation.
(3)The applicant may withdraw the application at any time before it is decided.

318GDeciding application

The chief executive must decide to refuse or approve the application within—
(a)if the chief executive obtains a suitability report about the applicant under section 318R—20 business days after receiving the application; or
(b)otherwise—10 business days after receiving the application.

318HGrounds for refusing application for registration

The chief executive may refuse the application if satisfied that—
(a)the applicant is not suitable to be registered as a suitable operator having regard to the applicant’s environmental record; or
(b)for an applicant that is not a corporation—a disqualifying event has happened in relation to the applicant or another person of whom the applicant is a partner; or
(c)for an applicant that is a corporation—a disqualifying event has happened in relation to—
(i)any of the corporation’s executive officers; or
(ii)another corporation of which any of the corporation’s executive officers are, or have been, an executive officer.

318ISteps after deciding application for registration

(1)If the chief executive decides to approve the application, the chief executive must, within 5 business days after deciding the application—
(a)give the applicant written notice stating that the application is approved; and
(b)include the applicant’s name and address in the register of suitable operators.
(2)If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice about the decision within 5 business days after deciding the application.
(3)Subsection (4) applies if—
(a)the application was made together with an application for an environmental authority under chapter 5; and
(b)the administering authority for the application is not the chief executive.
(4)The chief executive must also give the administering authority notice of the decision.

318JTerm of registration

(1)A registered suitable operator’s registration—
(a)has effect from the day the operator’s name and address is included in the register of suitable operators; and
(b)continues in force until it ends under subsection (2) or is cancelled or suspended under division 2.
(2)A registered suitable operator’s registration ends at the completion of a period of 5 years for which the operator was not the holder of an environmental authority.

Division 2 Cancelling or suspending registration

318KCancellation or suspension of registration

The chief executive may cancel or suspend a registration under this part if—
(a)a disqualifying event has happened for—
(i)the registered suitable operator or another person of whom the operator is partner; or
(ii)if the operator is a corporation—
(A)any of the corporation’s executive officers; or
(B)another corporation of which any of the corporation’s executive officers are, or have been, an executive officer; or
(b)the chief executive is satisfied the operator is not suitable to be registered as a suitable operator having regard to the applicantoperator’s environmental record.

318LNotice of proposed action

(1)If the chief executive proposes to cancel or suspend a registration, the chief executive must give the registered suitable operator a written notice stating—
(a)the action (the proposed action) the chief executive proposes taking under this division; and
(b)the grounds for the proposed action; and
(c)the facts and circumstances that are the basis for the grounds; and
(d)if the proposed action is to suspend the registration—the proposed suspension period; and
(e)that the operator may make, within a stated period, written representations to show why the proposed action should not be taken.
(2)The stated period must end at least 20 business days after the operator is given the written notice.
(3)For subsection (1)(d), the proposed suspension period may be fixed by reference to a stated event.

318MConsidering representations

The chief executive must consider any written representations made by the registered suitable operator within the stated period.

318NDecision on proposed action

(1)After complying with section 318M, the chief executive must decide to—
(a)if the proposed action was to suspend the registration for a stated period—suspend the registration for no longer than the stated period; or
(b)if the proposed action was to cancel the registration—
(i)cancel the registration; or
(ii)suspend it for a fixed period; or
(c)take no further action.
(2)The decision under subsection (1) is the proposed action decision.

318ONotice of proposed action decision

(1)If the proposed action decision is to cancel or suspend the registration, the chief executive must—
(a)give the registered suitable operator an information notice about the decision within 10 business days after the decision is made; and
(b)if the operator is the holder of, or is acting under, an environmental authority for a resource activity—give written notice of the decision to the chief executive administering the resource legislation.
(2)If the proposed action decision is to take no further action, the chief executive must, within 10 business days after the decision is made, give the registered suitable operator written notice of the decision.

318PWhen decision takes effect

(1)If the proposed action decision is to cancel or suspend the registration, the decision takes effect on the later of the following—
(a)the day the information notice is given to the operator under section 318O(1)(a);
(b)a later day of effect stated in the notice.
(2)However, if the decision was to cancel or suspend the registration because of the conviction of the operator for an offence, the cancellation or suspension—
(a)does not take effect until—
(i)the period to appeal against the conviction ends; and
(ii)if the appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and
(b)has no effect if the conviction is quashed on appeal.

318QSteps for cancelling or suspending registration

(1)This section applies if the proposed action decision is to cancel or suspend the registration and the decision has taken effect.
(2)The chief executive must, within 10 business days—
(a)take the action; and
(b)record particulars of the action in the relevant register.
(3)If the action is suspension of the registration—
(a)the particulars must state when the suspension period starts and ends; and
(b)the suspension ends when the suspension period is stated to end.

Division 3 Investigating suitability

318RInvestigation of applicant suitability or disqualifying events

(1)The chief executive may investigate a person or another entity to help decide whether—
(a)an applicant is suitable to be a registered suitable operator; or
(b)a disqualifying event has happened in relation to the person or another personentity.
(2)The chief executive may obtain a report on the person or entity from an administering authority of another State under a corresponding law about a matter mentioned in subsection (1).
(3)The commissioner of the police service must, if asked by the chief executive, give the chief executive a written report about any convictions, other than spent convictions, for environmental offences recorded against the person or entity obtained from—
(a)information in the commissioner’s possession; and
(b)information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions.
(4)In this section—
spent conviction means a conviction—
(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(b)that is not revived as prescribed by section 11 of that Act.

318SUse of information in suitability report

(1)This section applies if the chief executive is considering information contained in a report about a person or entity obtained under section 318R (a suitability report).
(2)The information must not be used for any purpose other than to make the decision for which the report was obtained.
(3)In making the decision, the chief executive must have regard to the following matters relating to information about the commission of an offence by the person or entity
(a)when the offence was committed;
(b)the nature of the offence and its relevance to the decision.

318TNotice of use of information in suitability report

Before using information contained in a suitability report to assess a matter mentioned in section 318R(1), the chief executive must—
(a)disclose the information to the person or entity to whom the report relates; and
(b)allow the person or entity a reasonable opportunity to make representations to the chief executive about the information.

318UConfidentiality of suitability reports

(1)This section applies to a person who—
(a)is, or has been, a public service employee; and
(b)has, in that capacity acquired information, or gained access to a suitability report about someone elseanother person or entity (the second personsecond entity).
(2)The person must not disclose the information, or give access to the report, to anyone else.

Maximum penalty—100 penalty units.

(3)However, subsection (2) does not apply if the disclosure of the information, or giving of access to the report, is—
(a)with the second personentity’s written consent; or
(b)to another public service employee for making the decision for which the report was obtained; or
(c)to the Land Court or the Court; or
(d)to a person carrying out functions for the Land Court, Court or chief executive; or
(e)to a person employed or engaged to give advice to the Land Court, Court or chief executive in the carrying out of its functions; or
(f)under a direction or order made in a proceeding; or
(g)expressly permitted or required under another Act.

318VDestruction of suitability reports

(1)This section applies if the chief executive has obtained a suitability report and made the decision for which the report was obtained.
(2)The chief executive must destroy the report as soon as practicable after the later of the following—
(a)if the report wholly or partly relates to a conviction for an environmental offence—
(i)if an appeal is made against the conviction—the deciding or other ending of the appeal and any appeal from that appeal; or
(ii)otherwise—the end of the period to appeal against the conviction;
(b)the end of the period under this Act to appeal against, or apply for a review of, the decision;
(c)the deciding or other ending of an appeal or review mentioned in paragraph (b) and any appeal from that appeal or review.

Part 5 Work diary requirements for particular registered suitable operators

318WApplication of pt 5

(1)This part applies to a registered suitable operator carrying out a prescribed ERA that is a mobile and temporary environmentally relevant activity, unless the activity is regulated waste transport.
(2)In this section—
regulated waste transport means a prescribed ERA prescribed under a regulation for this section, relating to the transport of waste.

318XRequirement to keep work diary

(1)A registered suitable operator must keep a work diary in the approved form for a mobile and temporary environmentally relevant activity carried out by the operator.

Maximum penalty—100 penalty units.

(2)The approved form must provide for the inclusion of the following—
(a)details of each location at which the mobile and temporary environmentally relevant activity is carried out by the registered suitable operator;
(b)the days on which the activity is carried out by the operator.
(3)The registered suitable operator must record the information required under the approved form within 1 day after the day the operator vacates each location at which the mobile and temporary environmentally relevant activity is carried out, unless the operator has a reasonable excuse.

Maximum penalty—100 penalty units.

(4)The registered suitable operator must keep the work diary for 2 years after the day on which the operator vacates the last location at which the mobile and temporary environmentally relevant activity is carried out, unless the operator has a reasonable excuse.

Maximum penalty—100 penalty units.

318YRequirement to notify chief executive if work diary lost or stolen

(1)A registered suitable operator who becomes aware that the operator’s work diary has been lost or stolen must, within 7 business days, give the chief executive written notice that the diary has been lost or stolen, unless the operator has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)In this section—
work diary, of a registered suitable operator, means the work diary the operator keeps under section 318X.

Part 5A Accreditation programs for agricultural ERAs

Division 1 Preliminary

318YA Definitions for part

In this part—
accreditation program, for an agricultural ERA, see section 318YB.
accredited, under a recognised accreditation program for an agricultural ERA, means accredited under the program as carrying out the agricultural ERA in compliance with the requirements of the program.
owner, of an accreditation program, means a person who has the right to manage, administer and change the accreditation program.
recognised accreditation program, for an agricultural ERA, means an accreditation program recognised under this part by the chief executive for the agricultural ERA.

318YB What is an accreditation program

An accreditation program for an agricultural ERA is a program that provides for the following functions in relation to carrying out the agricultural ERA—
(a)setting requirements (program requirements) for carrying out the agricultural ERA that are consistent with an agricultural ERA standard that applies to the agricultural ERA;
(b)accrediting persons who carry out the agricultural ERA in compliance with the program requirements, including—
(i)setting the terms and conditions of accreditation; and
(ii)auditing a person’s compliance with the program requirements and the person’s accreditation; and
(iii)responding to a person’s non-compliance with the program requirements or the person’s accreditation, including by suspending or cancelling the person’s accreditation;
(c)reviewing decisions and resolving disputes under the program;
(d)maintaining a register of persons accredited under the program and making the register available to the chief executive and authorised persons;
(e)collecting and reporting information about the operation of the program and the accreditation of persons under the program;
(f)regularly reviewing and evaluating the program.

Division 2 Recognition of accreditation program

318YC Application

(1)The owner of an accreditation program for an agricultural ERA may apply to the chief executive for the program to be recognised for the agricultural ERA.
(2)The application must be in the approved form and accompanied by information about—
(a)the governance and administration arrangements for the ownership, operation and management of the accreditation program; and
(b)the arrangements, procedures and controls for each of the functions of an accreditation program mentioned in section 318YB.

318YD Criteria for recognition

The chief executive may recognise an accreditation program for an agricultural ERA if the chief executive is satisfied the program—
(a)has governance and administration arrangements that appropriately provide for the ownership, operation and management of the program; and
(b)has arrangements, procedures and controls that provide a sound basis for the operation of a program that provides for each of the functions mentioned in section 318YB; and
(c)complies with other criteria prescribed by regulation.

318YE Conditions of recognition

(1)This section applies if the chief executive recognises an accreditation program for an agricultural ERA.
(2)The recognition is granted on the following conditions—
(a)a person may only be accredited, however described, under the program if the person, in carrying out the agricultural ERA, does not contravene an agricultural ERA standard that applies to the agricultural ERA;
(b)the owner of the program must make and keep records about decisions made to accredit persons under the program;
(c)the owner of the program must keep an up-to-date register of persons who have been accredited under the program that contains, for each person—
(i)the person’s name, ACN or ABN (if any) and contact details; and
(ii)the address of the land on which the person carries out the agricultural ERA; and
(iii)the term of the accreditation; and
(iv)the conditions (if any) imposed on the person’s accreditation; and
(v)another matter prescribed by regulation;
(d)the owner of the program must give the chief executive a copy of the register mentioned in paragraph (c) each year, within 10 business days after the anniversary of the program’s recognition;
(e)the condition stated in subsection (3);
(f)another condition imposed by the chief executive.
(3)If an agricultural ERA standard that applies to the agricultural ERA changes, the owner of the recognised accreditation program must—
(a)review the program for consistency with the changed standard; and
(b)if the program is not consistent with the changed standard, within 3 months after the changed standard is approved under section 318D
(i)amend the program so it is consistent with the changed standard; and
(ii)give a copy of the amended program to the chief executive.
(4)The chief executive may impose conditions on the recognition of an accreditation program when—
(a)the recognition is granted; or
(b)amendment of the recognised accreditation program is approved.

318YF Term of recognition

(1)Recognition of an accreditation program for an agricultural ERA remains in force for the period, of not more than 5 years, decided by the chief executive and stated in the instrument of recognition.
(2)Subsection (1) does not apply if the recognition is cancelled before the period ends.

Division 3 Renewal of recognition of accreditation program

318YG Assessment of program

(1)Before applying for renewal of the recognition of an accreditation program for an agricultural ERA, the owner of the program must have the management and operation of the program assessed under this section by a person approved by the chief executive.
(2)On request by the owner of the program, the chief executive may approve a stated person to carry out the assessment if the chief executive is satisfied the person is—
(a)appropriately qualified to carry out the assessment; and
(b)not employed, engaged or otherwise involved in the operation or management of the program.
(3)The matters assessed by the person must include—
(a)the operation of the program in relation to providing the functions mentioned in section 318YB; and
(b)the arrangements, procedures and controls that are in place for each of the functions.
(4)The assessment must not be started earlier than 1 year before the term of the recognition ends.

318YH Renewal of recognition of program

(1)The owner of an accreditation program for an agricultural ERA may apply to the chief executive for renewal of the recognition of the program before the recognition expires.
(2)The application must be—
(a)in the approved form; and
(b)accompanied by a report of the assessment carried out under section 318YG, prepared by the person who carried out the assessment, that includes the matters mentioned in section 318YG(3)(a) and (b).
(3)In deciding the application, the chief executive must consider—
(a)the assessment report; and
(b)the criteria under section 318YD for deciding an application for recognition of an accreditation program for an agricultural ERA.

318YI Approval continues pending decision about renewal

(1)This section applies if the owner of an accreditation program for an agricultural ERA applies for renewal of the recognition of the program under section 318YH at least 60 days before the term of the recognition ends.
(2)The recognition continues in force after it would otherwise expire until—
(a)the application for renewal is withdrawn; or
(b)if the application for renewal is approved—the application is decided; or
(c)if the application for renewal is refused—the chief executive gives an information notice for the decision to the applicant; or
(d)the owner’s approval is suspended or cancelled before the application for renewal is decided or withdrawn.

Division 4 Application to amend recognised accreditation program or conditions

318YJ Application to approve amendment of recognised accreditation program or condition

(1)The owner of a recognised accreditation program for an agricultural ERA may apply to the chief executive to—
(a)approve an amendment of the program; or
(b)amend a condition imposed on the recognition of the program.
(2)The application must—
(a)be in the approved form; and
(b)include sufficient information about the proposed amendment for the chief executive to decide the application.
(3)This section does not apply to an amendment of a recognised accreditation program for an agricultural ERA if the owner of the program is required to make the amendment under a condition mentioned in section 318YE(3).

318YK Deciding amendment application

In deciding the application, the chief executive must consider the criteria mentioned in section 318YD for deciding an application for recognition of an accreditation program for an agricultural ERA.

Division 5 General provisions for applications

318YL Application of division

This division applies for deciding applications under this part.

318YM Inquiry about application

(1)Before deciding the application, the chief executive may, by a written notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, the further information the chief executive reasonably requires to decide the application.
(2)The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement under subsection (1) within the stated period.
(3)A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.
(4)The information under subsection (1) must, if the notice requires, be verified by statutory declaration.

318YN Decision on application

(1)The chief executive must consider the application and decide to—
(a)approve the application; or
(b)approve the application on conditions; or
(c)refuse the application.
(2)If the chief executive decides to approve the application, the chief executive must give the applicant a notice about the decision.
(3)If the chief executive decides to refuse the application, or impose conditions on a person’s approval, the chief executive must give the applicant an information notice for the decision as soon as practicable after making the decision.

318YO Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after receiving it, the failure is taken to be a decision by the chief executive to refuse to grant the application.
(2)Subsection (3) applies if—
(a)a person has made an application under this part; and
(b)the chief executive has, under section 318YM(1), required the applicant to give the chief executive further information.
(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information.
(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

Division 6 Amendment, suspension and cancellation by chief executive

318YP Amendment by chief executive

(1)If the chief executive believes a recognised accreditation program should be amended, the chief executive may direct the owner to amend the program under this division.
(2)If the chief executive believes a condition of the recognition of the program should be amended, the chief executive may amend the condition under this division.

318YQ Grounds for suspending or cancelling program recognition

Each of the following is a ground for suspending or cancelling recognition of an accreditation program—
(a)the recognition was obtained by materially incorrect or misleading information or by a mistake;
(b)the owner of the program has contravened a condition of the recognition;
(c)the owner of the program has committed—
(i)an offence against this Act; or
(ii)an offence against a law relating to the supply or use of an agricultural chemical product; or
(iii)an offence against a law of the Commonwealth, another State or a foreign country that substantially corresponds to an offence mentioned in subparagraph (i) or (ii).

318YR Show cause notice

(1)The chief executive must give a notice under this section (a show cause notice) to the owner of a recognised accreditation program if the chief executive proposes to take any of the following actions (the proposed action)—
(a)direct the owner to amend the program;
(b)amend a condition of the recognition of the program;
(c)suspend or cancel the recognition of the program.
(2)The show cause notice must state each of the following—
(a)the proposed action;
(b)if the proposed action is to direct the owner to amend the accreditation program or a condition of the program’s recognition—
(i)the proposed amendment; and
(ii)the reasons for the proposed amendment;
(c)if the proposed action is to suspend or cancel the recognition of the program—
(i)the ground for the proposed action; and
(ii)an outline of the facts and circumstances forming the basis for the ground;
(d)if the proposed action is to suspend the recognition of the program—the proposed suspension period;
(e)that the holder may, within a stated period (the show cause period), make written representations to the chief executive to show why the proposed action should not be taken.
(3)The show cause period must end at least 28 days after the holder is given the show cause notice.

318YS Representations about show cause notice

(1)The owner of the accreditation program may make written representations about the show cause notice to the chief executive in the show cause period.
(2)The chief executive must consider all representations made during the show cause period.

318YT Ending show cause process without further action

(1)This section applies if, after considering the representations made during the show cause period, the chief executive—
(a)if the proposed action was to direct the owner of the accreditation program to amend the program or to amend a condition of the recognition of the program—no longer considers the program or condition should be amended; or
(b)if the proposed action was to suspend or cancel the recognition of the program—
(i)no longer believes a ground exists to suspend or cancel the recognition of the program; or
(ii)no longer believes taking the proposed action is warranted.
(2)The chief executive must—
(a)take no further action about the show cause notice; and
(b)give a notice that no further action is to be taken about the show cause notice to the owner of the accreditation program.

318YU Amendment, suspension or cancellation

(1)Subsection (2) applies if, after considering any representations made during the show cause period, the chief executive—
(a)if the proposed action was to suspend or cancel the recognition of the accreditation program—believes a ground exists for suspension or cancellation; and
(b)believes taking the proposed action is warranted.
(2)The chief executive may—
(a)if the proposed action was to direct the owner of the accreditation program to amend the program in a stated way—direct the owner to make the stated amendment; or
(b)if the proposed action was to amend a condition of recognition of the program in a stated way—make the stated amendment; or
(c)if the proposed action was to suspend the recognition of the program for a stated period—suspend the recognition for no longer than the stated period; and
(d)if the proposed action was to cancel the recognition of the program—suspend the recognition for a stated period or cancel the recognition.
(3)If the chief executive decides to act under subsection (2), the chief executive must give an information notice for the decision to the owner of the accreditation program as soon as is practicable.
(4)The decision takes effect on—
(a)the day the information notice is given to the person; or
(b)a later day stated in the information notice.

318YV Immediate suspension of recognition of accreditation program

(1)This section applies if the chief executive reasonably believes—
(a)a ground exists to suspend the recognition of an accreditation program; and
(b)it is necessary to suspend the recognition of the program immediately because—
(i)persons who are carrying out an agricultural ERA in a way that contravenes an agricultural ERA standard have been accredited under the program; or
(ii)there is an immediate and serious risk that persons who are carrying out an agricultural ERA in a way that contravenes an agricultural ERA standard will be accredited under the program.
(2)The chief executive may suspend the recognition of the accreditation program immediately by giving the owner of the accreditation program—
(a)an information notice for the decision to immediately suspend the recognition; and
(b)a show cause notice for the suspension or cancellation of the recognition under section 318YR.
(3)The suspension—
(a)operates when the notices are given to the owner of the accreditation program; and
(b)continues to operate until the earliest of the following—
(i)the chief executive cancels the suspension;
(ii)the show cause notice is finally dealt with by a notice given under section 318YT or 318YU;
(iii)45 days after the notices are given to the person.

318YW Required action after amendment, suspension, cancellation or end of accreditation program or recognition

(1)This section applies to the owner of an accreditation program if—
(a)the program is amended; or
(b)the recognition of the program is suspended or cancelled under section 318YU or 318YV; or
(c)the owner of the program stops providing the program.
(2)The owner must give written notice about the amendment, suspension, cancellation or ending of the program, to each person who is accredited under the accreditation program within 5 business days after the amendment, suspension, cancellation or ending takes effect.

Maximum penalty—100 penalty units.

(3)If the recognition of the accreditation program is suspended, the notice under subsection (2) must state the period of the suspension.
(4)Within 5 business days after giving a notice to the accredited persons under subsection (2), the owner must give the chief executive—
(a)a copy of the notice; and
(b)the name of each accredited person given the notice.

Maximum penalty—100 penalty units.

Part 6 Progressive rehabilitationcertification for resource activities

Division 1 Certification of progressive rehabilitation for resource projectsPreliminary

Subdivision 1 Preliminary

318ZWhat is progressive certification

(1)The administering authority may, under this division, certify that a particular area within a relevant tenure for a resource project has been rehabilitated under all relevant requirements of—
(a)this Act; and
(b)the environmental authority under which the resource project is authorised; and
(c)a PRCP schedule applying to the activities carried out under the environmental authority; and
(d)a relevant guideline or other document made under this Act.
(2)The certification is a progressive certification for the relevant tenure.
(3)The area the subject of the progressive certification is a certified rehabilitated area for the relevant tenure.

318ZA Effect of progressive certification

(1)If progressive certification has been given for a relevant tenure, the requirements mentioned in section 318Z(1) are taken to have been complied with for the certified rehabilitated area for the tenure.
(2)Subsection (1) applies despite another provision of this Act or any change in the requirements.
(3)However, this section is subject to section 318ZB.

318ZB Continuing responsibility of holder relating to certified rehabilitated area

(1)This section applies if progressive certification has been given for a relevant tenure.
(2)The holder of the environmental authority to which the relevant tenure relates must maintain the certified rehabilitated area for the relevant tenure under the conditions of the authority, or rehabilitation milestones or management milestones under a PRCP schedule, in force when the certification was given (the existing conditions).
(3)Any change to the conditions of the environmental authority, or rehabilitation milestones or management milestones under the schedule, is of no effect to the extent it purports to impose a more stringent obligation for the certified rehabilitated area than an obligation applying under the existing conditions or milestones.

Example of a change to impose a more stringent requirement—

A change to an existing condition to require rehabilitation to alter a gradient to a lower slope is more stringent because of the necessarily increased costs of recontouring the gradient.
(4)The obligation under subsection (2) ends on the last of the following to happen—
(a)the surrender under resource legislation of the relevant tenure, or part of the relevant tenure;
(b)the environmental authority or PRCP schedule ends or ceases to have effect;
(c)if the existing conditions include a condition requiring compliance with an obligation after the authority ends or ceases to have effect—compliance with the condition.

Subdivision 2 Applying for progressive certification

318ZC Who may apply for progressive certification

The holder of an environmental authority for a resource project may apply for progressive certification (the progressive certification application) for a relevant tenure for the environmental authority.

318ZD Requirements for progressive certification application

(1)The application must be—
(a)in the approved form; and
(b)supported by enough information to enable the administering authority to decide the application; and
(c)accompanied by—
(i)a progressive rehabilitation report for the environmental authority, and any PRCP schedule relating to the environmental authority, that complies with section 318ZF; and
(ii)a compliance statement for the report; and
(iii)the fee prescribed under a regulation.
(2)The compliance statement must—
(a)be made for the environmental authority holder; and
(b)state—
(i)the extent to which activities carried out under the environmental authority relating to the proposed certified rehabilitated area for the relevant tenure have complied with the conditions of the environmental authority and any PRCP schedule relating to the authority; and
(ii)the extent to which the progressive rehabilitation report is accurate.

318ZE Amending progressive certification application

(1)The applicant may, at any time before the administering authority decides the progressive certification 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 318ZG.

Subdivision 3 Progressive rehabilitation report

318ZF Requirements for progressive rehabilitation report

(1)The progressive rehabilitation report must—
(a)contain the information required under each of the following sections, as if a reference in the section to land were a reference to the proposed certified rehabilitated area—
(i)if a PRCP schedule applies for the relevant activities carried out in the proposed certified rehabilitated area—section 264A;
(ii)otherwise—section 264; and
(b)include—
(i)a map of an appropriate scale that shows the proposed certified rehabilitated area; and
(ii)relevant information to locate the proposed certified rehabilitated area, including, for example, GPS information or a survey; and
(iii)an environmental risk assessment for the proposed certified rehabilitated area; and
(c)if progressive certification has previously been given for a relevant tenure for the environmental authority—
(i)state when the certification was given; and
(ii)identify the certified rehabilitated area the subject of the certification.
(2)The environmental risk assessment must—
(a)comply with a methodology published by the administering authority; and
(b)identify all credible risks for the proposed certified rehabilitated area; and
(c)evaluate the likelihood and effects of events that reach a threshold of significance published by the administering authority.

Subdivision 4 Requests for information

318ZG Administering authority may request further information

(1)The administering authority may ask the applicant, by written request, to give further information needed to assess the progressive certification application.
(2)The request must be made within 10 business days after the application is received.

Subdivision 5 Deciding progressive certification application

318ZH Deciding progressive certification application

The administering authority must decide to give or refuse the progressive certification—
(a)if the administering authority requests further information under section 318ZG(1)—within 40 business days after the further information is received by the authority; or
(b)otherwise—within 40 business days after the application is received.

318ZI Criteria for decision

(1)In deciding the progressive certification application, the administering authority must—
(a)comply with any relevant regulatory requirement; and
(b)subject to paragraph (a), consider the following—
(i)the standard criteria;
(ii)the progressive rehabilitation report;
(iii)the compliance statement for the report;
(iv)if a PRCP schedule applies for the proposed certified rehabilitated area—the PRC plan;
(v)further information received in response to a request under section 318ZG(1);
(vi)the matters prescribed under an environmental protection policy or by regulation.
(2)The administering authority may give the progressive certification only if it is satisfied with the environmental risk assessment included in the progressive rehabilitation report, and—
(a)it is satisfied the conditions of the environmental authority have been complied with for the proposed certified rehabilitated area; or
(b)it is satisfied the land on which each relevant resource project has been carried out in relation to the proposed certified rehabilitated area has been satisfactorily rehabilitated; or
(c)if a PRCP schedule applies for the proposed certified rehabilitated area—it is satisfied the schedule has been complied with in relation to the area; or
(d)if a regulation has prescribed another circumstance for this section—the administering authority is satisfied with the circumstance.

318ZJ Steps after making decision

(1)If the administering authority decides the progressive certification application, it must, within 10 business days after the decision is made—
(a)if the decision was to give the progressive certification—
(i)record particulars of the certification in the relevant register for the environmental authority; and
(ii)if a PRCP schedule applies for relevant activities carried out in the certified rehabilitated area—record particulars of the certification in the relevant register for the schedule; and
(iii)give written notice of the decision to the applicant; or
(b)if the decision was to refuse the progressive certification—give the applicant an information notice about the decision.
(2)However, if, under section 318ZL, a residual risk payment has been required for the proposed certified rehabilitated area, the administering authority need not act under subsection (1)(a) until the requirement has been complied with.

318ZJA Administering authority may amend PRCP schedule

(1)This section applies if—
(a)the administering authority decides to give the progressive certification; and
(b)a PRCP schedule applies for relevant activities carried out on the certified rehabilitation area; and
(c)an amendment of the schedule is required because of the progressive certification.
(2)The administering authority may amend the PRCP schedule to the extent necessary because of the progressive certification.
(3)The administering authority must—
(a)give a copy of the amended PRCP schedule to the holder; and
(b)give an information notice about the amendment to the holder; and
(c)record the amendment in the relevant register.

Division 2 Payment for residual risks of rehabilitation

318ZK Application of div 2

This division applies if a progressive certification application has been made for a relevant tenure for an environmental authority for a resource project.

318ZL Payment may be required for residual risks

(1)Subject to sections 318ZM and 318ZN, the administering authority may require the applicant to pay it a stated amount for the residual risks of the proposed certified rehabilitated area for the relevant tenure.
(2)The requirement must be included in, or be accompanied by, an information notice about the decision to make the requirement.
(3)The amount may be included in the financial assurance for the environmental authority until the surrender, under resource legislation, of the relevant tenure.

318ZM Criteria for decision to make requirement

The administering authority may require the payment only if it is satisfied it is justified having regard to—
(a)the degree of risk of environmental harm likely to happen if the proposed certified rehabilitated area is managed under the relevant requirements of this Act and instruments made under it; and
(b)the likelihood of action being needed to—
(i)reinstate rehabilitation that fails to establish a safe, stable and self-sustaining ecosystem; or
(ii)restore the environment because of environmental harm resulting from the resource project, despite the rehabilitation; or

Example of environmental harm—

surface accumulation of contaminants
(iii)maintain environmental management processes needed to protect the environment; and

Examples of things that may be used for an environmental management process—

fences, pumps and water polishing wetlands
(c)the cost of likely action in comparison with the cost of best practice environmental management of the similar use of land that has not previously been affected by resource activities.

318ZN Amount and form of payment

(1)The administering authority must decide the amount and form of the payment.
(2)The administering authority may decide the amount by reference to a guideline or other publicly available document.
(3)Despite subsections (1) and (2), the administering authority can not require a payment of an amount more than the amount that, in the authority’s opinion, represents the likely rehabilitation costs.
(4)In this section—
likely rehabilitation costs means all likely costs and expenses that may be incurred in taking action to rehabilitate or restore and protect the environment because of environmental harm that may be caused by the residual risks of the proposed certified rehabilitated area.

Division 2 Applying for progressive certification

318ZC Who may apply for progressive certification

The holder of an environmental authority for a resource project may apply for progressive certification (the progressive certification application) for a relevant tenure for the environmental authority.

318ZD Requirements for progressive certification application

(1)The application must be—
(a)in the approved form; and
(b)supported by enough information to enable the administering authority to decide the application; and
(c)accompanied by—
(i)a progressive certification report for the environmental authority, and any PRCP schedule relating to the environmental authority, that complies with section 318ZF; and
(ii)a compliance statement for the report; and
(iii)the fee prescribed under a regulation.
(2)The compliance statement must—
(a)be made for the environmental authority holder; and
(b)state—
(i)the extent to which activities carried out under the environmental authority relating to the proposed certified area for the relevant tenure have complied with the conditions of the environmental authority and any PRCP schedule relating to the authority; and
(ii)the extent to which the progressive certification report is accurate.

318ZE Amending progressive certification application

(1)The applicant may, at any time before the administering authority decides the progressive certification 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 318ZG.

Division 3 Progressive certification report and further information

318ZF Requirements for progressive certification report

The progressive certification report must—
(a)contain the following information—
(i)if a PRCP schedule applies for the relevant activities carried out in the proposed certified area—
(A)information showing how the rehabilitation milestones and management milestones under the PRCP schedule have been achieved; and
(B)information about the extent to which the relevant conditions stated in the PRCP schedule have been complied with;
(ii)otherwise—information required under section 264, as if a reference in the section to land were a reference to the proposed certified area; and
(b)include—
(i)a map of an appropriate scale that shows the proposed certified area; and
(ii)relevant information to locate the proposed certified area, including, for example, GPS information or a survey; and
(c)if progressive certification has previously been given for a relevant tenure for the environmental authority—
(i)state when the certification was given; and
(ii)identify the certified area the subject of the certification.

318ZG Administering authority may request further information

(1)The administering authority may ask the applicant, by written request, to give further information needed to assess the progressive certification application.
(2)The request must be made within 10 business days after the application is received.

Division 4 Deciding progressive certification application

318ZH Deciding progressive certification application

The administering authority must decide to give or refuse the progressive certification—
(a)if the administering authority requests further information under section 318ZG(1)—within 40 business days after the further information is received by the authority; or
(b)otherwise—within 40 business days after the application is received.

318ZI Criteria for decision

(1)In deciding the progressive certification application, the administering authority must—
(a)comply with any relevant regulatory requirement; and
(b)subject to paragraph (a), consider the following—
(i)the standard criteria;
(ii)the progressive certification report accompanying the application;
(iii)the compliance statement for the report;
(iv)if a PRCP schedule applies for the proposed certified area—the PRC plan;
(v)further information received in response to a request under section 318ZG(1);
(vi)the matters prescribed under an environmental protection policy or by regulation.
(2)The administering authority may give the progressive certification only if the administering authority is satisfied of each of the following circumstances—
(a)the conditions of the environmental authority have been complied with for the proposed certified area;
(b)if the environmental authority is subject to conditions about rehabilitation and a PRCP schedule does not apply for the proposed certified area—the land on which each relevant resource project has been carried out in relation to the area has been satisfactorily rehabilitated;
(c)if a PRCP schedule applies for the proposed certified area—the schedule has been complied with in relation to the area;
(d)each other circumstance (if any) prescribed by regulation as a circumstance of which the administering authority must be satisfied for this section.

318ZJ Steps after making decision

If the administering authority decides the progressive certification application, it must, within 10 business days after the decision is made—
(a)if the decision was to give the progressive certification—
(i)record particulars of the certification in the relevant register for the environmental authority; and
(ii)if a PRCP schedule applies for relevant activities carried out in the certified area—record particulars of the certification in the relevant register for the schedule; and
(iii)give written notice of the decision to the applicant; or
(b)if the decision was to refuse the progressive certification—give the applicant an information notice about the decision.

318ZJA Administering authority may amend PRCP schedule

(1)This section applies if—
(a)the administering authority decides to give the progressive certification; and
(b)a PRCP schedule applies for relevant activities carried out on the certified area; and
(c)an amendment of the schedule is required because of the progressive certification.
(2)The administering authority may amend the PRCP schedule to the extent necessary because of the progressive certification.
(3)The administering authority must—
(a)give a copy of the amended PRCP schedule to the holder; and
(b)give an information notice about the amendment to the holder; and
(c)record the amendment in the relevant register.

Chapter 7 Environmental management

Part 1 Environmental duties

Division 1 Duty to prevent and minimise environmental harm

319General environmental duty

(1)A person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm (the general environmental duty).

Note—

See section 24(3) (Effect of Act on other rights, civil remedies etc.).
(2)In deciding the measures required to be taken under subsection (1), regard must be had to, for example—
(a)the nature of the harm or potential harm; and
(b)the sensitivity of the receiving environment; and
(c)the current state of technical knowledge for the activity; and
(d)the likelihood of successful application of the different measures that might be taken; and
(e)the financial implications of the different measures as they would relate to the type of activity.

Division 2 Duty to notify of environmental harm

Subdivision 1 Preliminary

320Definitions for div 2

In this division—
affected land means land on which an event has caused or threatens serious or material environmental harm.
employer see section 320B(1).
occupier, of affected land, means a person who lives or works on the affected land.
primary activity see section 320A(1).
public notice means a notice given in the way prescribed under a regulation.

Example—

a radio or television broadcast
registered owner, of affected land, means—
(a)the registered owner of the land under the Land Title Act 1994; or
(b)the lessee of the land under the Land Act 1994.

320AApplication of div 2

(1)This division applies if a person—
(a)while carrying out an activity (the primary activity), becomes aware that an event has happened that causes or threatens serious or material environmental harm because of the person’s or someone else’s act or omission in carrying out the primary activity or another activity being carried out in association with the primary activity; or
(b)while carrying out a resource activity, other than a mining activity (also the primary activity), becomes aware of the happening of 1 or both of the following events—
(i)the activity has negatively affected, or is reasonably likely to negatively affect, the water quality of an aquifer;
(ii)the activity has caused the connection of 2 or more aquifers.
(2)Also, this division applies to a person who—
(a)is—
(i)the owner or occupier of contaminated land; or
(ii)an auditor performing an auditor’s function mentioned in section 568(b); or
(iii)a rehabilitation auditor conducting an audit of a PRCP schedule under chapter 5, part 12; and
(b)becomes aware of—
(i)the happening of an event involving a hazardous contaminant on the contaminated land; or
(ii)a change in the condition of the contaminated land; or
(iii)a notifiable activity having been carried out, or being carried out, on the contaminated land;

that is causing, or is reasonably likely to cause, serious or material environmental harm.

(b)becomes aware of—
(i)the happening of an event involving a hazardous contaminant on the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or
(ii)if the land is contaminated land—a change in the condition of the land that is causing, or is reasonably likely to cause, serious or material environmental harm; or
(iii)a notifiable activity having been carried out, or being carried out, on the land.

Note—

See subdivision 3A about the duty of a person mentioned in subsection (2).
(3)This division applies to a local government that becomes aware of—
(a)the happening of an event involving a hazardous contaminant in the local government area that is causing, or is reasonably likely to cause, serious or material environmental harm; or
(b)a change in the condition of contaminated land in the local government area that is causing, or is reasonably likely to cause, serious or material environmental harm; or
(c)a notifiable activity having been carried out, or being carried out, on land in the local government area.

Note—

See subdivision 3B for the duty of a local government mentioned in subsection (3).
(3)This division applies to a local government that becomes aware—
(a)that a notifiable activity has been, or is being, carried out on land in the local government area; or
(b)of—
(i)the happening of an event involving a hazardous contaminant in the local government area; or
(ii)a change in the condition of contaminated land in the local government area;

that is causing, or is reasonably likely to cause, serious or material environmental harm.

Note—

See subdivision 3B for the duty of a local government mentioned in subsection (3).
(4)However, this division does not apply if the event is authorised to be caused under—
(a)an environmental protection policy; or
(b)a transitional environmental program; or
(c)an environmental protection order; or
(d)an environmental authority; or
(e)a PRCP schedule; or
(f)a development condition of a development approval; or
(g)a prescribed condition for carrying out a small scale mining activity; or
(h)an emergency direction; or
(i)an agricultural ERA standard.

Subdivision 2 Duty of person carrying out an activity

320BDuty of particular employees to notify employer

(1)This section applies if the person is carrying out the primary activity during the person’s employment or engagement by, or as the agent of, someone else (the employer).
(2)However, this section does not apply if the person is carrying out the primary activity as a rehabilitation auditor performing functions for an audit of a PRCP schedule or an auditor performing auditor’s functions mentioned in section 568.
(3)The person must, no later than 24 hours after becoming aware of the event and unless the person has a reasonable excuse—
(a)notify the employer of the event, its nature and the circumstances in which it happened; or
(b)if the employer can not be contacted—give the administering authority written notice of the event, its nature and the circumstances in which it happened.

Maximum penalty—100 penalty units.

320CDuty of other persons to notify particular owners and occupiers

(1)This section applies if the person is not carrying out the primary activity during the person’s employment or engagement by, or as the agent of, someone else.
(2)The person must, no later than 24 hours after becoming aware of the event and unless the person has a reasonable excuse, give the administering authority written notice of the event, its nature and the circumstances in which it happened.

Maximum penalty—

(a)for an event mentioned in section 320A(1)(a)—500 penalty units; and
(b)for an event mentioned in section 320A(1)(b)—100 penalty units.

(3)The person must, as soon as reasonably practicable after becoming aware of the event and unless the person has a reasonable excuse, give—
(a)written notice of the event, its nature and the circumstances in which it happened to—
(i)any occupier of the affected land; or
(ii)any registered owner of the affected land; or
(b)public notice of the event, its nature and the circumstances in which it happened to persons on the affected land.

Maximum penalty—

(a)for an event mentioned in section 320A(1)(a)—500 penalty units; and
(b)for an event mentioned in section 320A(1)(b)—100 penalty units.

Subdivision 3 Duty of employer

320DDuty of employer to notify particular owners and occupiers

(1)This section applies if the employer has been notified under section 320B(3) of the event.
(2)The employer must, no later than 24 hours after becoming aware of the event and unless the employer has a reasonable excuse, give the administering authority written notice of the event, its nature and the circumstances in which it happened.

Maximum penalty—

(a)for an event mentioned in section 320A(1)(a)—500 penalty units; and
(b)for an event mentioned in section 320A(1)(b)—100 penalty units.

(3)The employer must, as soon as reasonably practicable after becoming aware of the event and unless the person has a reasonable excuse, give—
(a)written notice of the event, its nature and the circumstances in which it happened to—
(i)any occupier of the affected land; or
(ii)any registered owner of the affected land; or
(b)public notice of the event, its nature and the circumstances in which it happened to persons on the affected land.

Maximum penalty—

(a)for an event mentioned in section 320A(1)(a)—500 penalty units; and
(b)for an event mentioned in section 320A(1)(b)—100 penalty units.

Subdivision 3A Duty of owner, occupier or auditor

320DADuty of owner, occupier or auditor to notify administering authority

(1)A person mentioned in section 320A(2)(a) must, within 24 hours after becoming aware of the event or change mentioned in section 320A(2)(b)(i) or (ii), give the administering authority written notice of the matters stated in subsection (2), unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

(2)The notice must state—
(a)the nature of the event or change in condition; and
(b)the circumstances in which the event or change happened.
(3)A person mentioned in section 320A(2)(a) must, within 20 business days after becoming aware of an activity mentioned in section 320A(2)(b)(iii), give the administering authority written notice of the activity, unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

Subdivision 3B Duty of local government

320DBDuty of local government to notify administering authority

(1)A local government mentioned in section 320320A(3)(a) must, within 20 business days after becoming aware that the activity has been, or is being, carried out on land in its area, give the administering authority written notice of the activity.c) must, within 20 business days after becoming aware that the activity has been, or is being, carried out on land in its area, give the administering authority written notice of the activity.
(2)A local government mentioned in section 320320A(3)(a) or (b) must, within 24 hours after becoming aware of the event or the change in condition of the land, give the administering authority written notice of—
(a)the nature of the event or change in the condition; and
(b)the circumstances in which the event or change happened or is happening.

Subdivision 4 Miscellaneous

320ENotice to occupiers of affected land

(1)Without limiting the ways in which a person or employer may give written notice to an occupier of affected land under this division, a person or employer is taken to have given written notice under this division to an occupier of affected land if the notice is—
(a)left with someone who is apparently an adult living or working on the affected land; or
(b)if there is no-one on the affected land or the person has been denied access to the affected land—left on the affected land in a position where it is reasonably likely to come to the occupier’s attention; or
(c)posted to the affected land.
(2)Written notice that is posted to, or left at, affected land may be addressed to ‘The Occupier’.

320FDefences and excuses for div 2

(1)In a proceeding for an offence against a provision of this division, it is a defence for a person or employer to prove that, despite failing to comply with the provision, the person or employer made reasonable efforts to identify the affected land and give written notice to each registered owner or occupier of the affected land.
(2)It is not a reasonable excuse for a person or employer to fail to comply with an obligation under this division on the ground that the written notice, or the giving of the written notice, might tend to incriminate the person or employer.

320GUse of notice in legal proceedings

(1)A written notice given by a person or employer under this division is not admissible in evidence against the person or employer in a prosecution for an offence against this Act that is constituted by the act or omission that caused the event under the notice.
(2)This section does not prevent other evidence obtained because of the written notice, or the giving of the written notice, being admitted in any legal proceeding against the person or employer.

Part 2 Environmental evaluations

Division 1 Preliminary

321What is an environmental evaluation

(1)An environmental evaluation is an evaluation of an activity or event to decide—
(a)the source, cause or extent of environmental harm being caused, or the extent of environmental harm likely to be caused, by the activity or event; and
(b)the need for a transitional environmental program for the activity or event.
(2)Also, an environmental evaluation is an evaluation of contaminated land to decide—
(a)the source, cause or extent of contamination of the land being caused, or likely to be caused; and
(b)the need for—
(i)a site management plan for the land; or
(ii)the land to be remediated; and
(c)the source, cause or extent of any contamination to the surrounding land, or to the environment, being caused, or likely to be caused, by the contamination of the land; and
(d)any environmental harm being caused, or likely to be caused, by the contamination of the land.

Division 2 Environmental audits

Subdivision 1 Audit requirements

322Administering authority may require environmental audit about environmental authority or PRCP schedule

(1)The administering authority may, by written notice (an audit notice) require the holder of an environmental authority or PRCP schedule to—
(a)commission an audit (an environmental audit) about a stated matter concerning a relevant activity; and

Examples of matters for paragraph (a)—

1whether the conditions of the environmental authority have been complied with
2the environmental harm a relevant activity is causing compared with the environmental harm authorised under the environmental authority
3whether a plan of operations for an environmental authority complies with the conditions of the environmental authority
4the accuracy of a final rehabilitation report given to the administering authority by the holder
(b)give the administering authority an environmental report about the audit.
(2)However, an audit notice may be given under subsection (1) only if the administering authority is reasonably satisfied the audit is necessary or desirable.

322A Chief executive may require environmental audit about recognised accreditation program for agricultural ERA

(1)The chief executive may, by written notice (also an audit notice), require the owner of a recognised accreditation program for an agricultural ERA to—
(a)commission an audit (also an environmental audit) about a stated matter concerning the accreditation program; and

Example of a matter—

whether the conditions of recognition of the accredited program have been complied with
(b)give the administering authority an environmental report about the audit.
(2)However, an audit notice may be given under subsection (1) only if the chief executive is reasonably satisfied the audit is necessary or desirable.

323Administering authority may require environmental audit about other matters

(1)Subsection (2) applies if the administering authority is satisfied that—
(a)a person is, or has been, contravening—
(i)a regulation; or
(ii)an environmental protection policy; or
(iii)an agricultural ERA standard; or
(iv)a transitional environmental program; or
(v)an enforceable undertaking; or
(b)a person is, or has been, contravening any of the following provisions—
(i)section 363E;
(ii)section 440Q;
(iii)section 440ZG;
(iv)a provision of chapter 8, part 3E or 3F.
(2)The administering authority may, by written notice (also an audit notice), require the person to—
(a)commission an audit (also an environmental audit) about the matter; and
(b)give the administering authority an environmental report about the audit.

324Content of audit notice

(1)An audit notice must state the following—
(a)the name of the recipient;
(b)if the notice is given under section 322—the environmental authority or PRCP schedule;
(c)if the notice is given under section 322A—the recognised accreditation program and the agricultural ERA to which the program relates;
(d)the matter for which the environmental audit is required;
(e)that the recipient must, within a stated reasonable period—
(i)commission the environmental audit; and
(ii)give the administering authority an environmental report about the audit.
(2)Also, an audit notice must be accompanied by or include an information notice about the decision to give the notice and to fix the stated period.

325Failure to comply with audit notice

A person to whom an audit notice has been given must comply with the notice unless the person has a reasonable excuse.

Note—

See also section 574A (Who may perform auditor’s functions).

Maximum penalty—300 penalty units.

Subdivision 2 Audits by administering authority

326Administering authority may conduct environmental audit for particular activities

(1)The administering authority may decide to—
(a)conduct or commission an environmental audit about a stated matter concerning an environmental authority or PRCP schedule for a resource activity or a recognised accreditation program for an agricultural ERA; or
(b)prepare an environmental report about the audit.
(2)However, the authority may make a decision under subsection (1) only if it is reasonably satisfied the audit or report is necessary or desirable.
(3)If the authority makes a decision under subsection (1), it must give the environmental authority holder or owner of the recognised accreditation program an information notice about the decision.
(4)The authority must, within 10 business days after preparing an environmental report about the audit, give the environmental authority holder or owner of the recognised accreditation program a copy of it.

326AAdministering authority’s costs of environmental audit or report

(1)This section applies if the administering authority has, under section 326, incurred costs in conducting or commissioning an environmental audit or preparing an environmental report about the audit.
(2)The holder of the relevant environmental authority or PRCP schedule, or owner of the recognised accreditation program, given an information notice for the audit decision under section 326(3) must pay the amount of the costs if—
(a)the costs were appropriately and reasonably incurred; and
(b)the administering authority has asked the holder or owner to pay the amount.
(3)The administering authority may recover the amount as a debt.
(4)In this section—
audit decision, in relation to costs incurred in conducting or commissioning an environmental audit or preparing an environmental report about the audit, means the decision under section 326(1) to conduct or commission the audit or prepare the report.

Division 3 Environmental investigations

326BWhen environmental investigation required—environmental harm

(1)This section applies if the administering authority is satisfied on reasonable grounds that—
(a)an event has happened causing environmental harm while an activity was being carried out; or
(b)an activity or proposed activity is causing, or is likely to cause environmental harm.
(2)The authority may, by written notice (an investigation notice), require the person who has carried out, is carrying out or is proposing to carry out the activity to—
(a)conduct or commission an investigation (an environmental investigation) about the event or activity; and
(b)submit an environmental report about the investigation to the authority.
(3)This section does not apply if the administering authority requires an environmental audit for the event or activity.
(4)In this section—
activity includes rehabilitation or remediation work.

326BAWhen environmental investigation required—contamination of land

(1)This section applies if the administering authority is satisfied that all of the following apply to land—
(a)particulars of the land are recorded in the environmental management register or contaminated land register;
(b)the hazardous contaminant contaminating the land is in a concentration that has the potential to cause serious environmental harm or material environmental harm;
(c)a person, animal or another part of the environment may be exposed to the hazardous contaminant, whether on the land or not.
(2)The administering authority may, by written notice (also an investigation notice), require a prescribed responsible person for the land to—
(a)conduct or commission an investigation (also an environmental investigation) about the contamination or potential contamination of the land; and
(b)give the administering authority a site investigation report for the land in accordance with sections 389 and 390.
(3)The administering authority must not require an environmental investigation to be conducted or commissioned if—
(a)the land is subject to a site management plan for the contamination; and
(b)the conditions of the plan are being complied with.

326CContent of investigation notice

(1)An investigation notice given under section 326B or 326BA must state the following—
(a)the name of the person to whom the notice is given;
(b)the matter for which the environmental investigation is required;
(c)for a notice given under section 326B—that the person must, within a stated reasonable period—
(i)conduct or commission the environmental investigation; and
(ii)give the administering authority an environmental report about the investigation;
(d)for a notice given under section 326BA—that the person must, within a stated reasonable period—
(i)conduct or commission the environmental investigation; and
(ii)give the administering authority a site investigation report for the land in accordance with sections 389 and 390.
(2)An investigation notice given under section 326B or 326BA must be accompanied by or include an information notice about the decision to give the notice and to fix the stated period.

326DFailure to comply with investigation notice

A person to whom an investigation notice has been given must comply with the notice unless the person has a reasonable excuse.

Maximum penalty—300 penalty units.

326DAProcedure to be followed if recipient is not owner

(1)This section applies if the person (the recipient) to whom an investigation notice is given is not the land’s owner.
(2)The recipient, or a person conducting the environmental investigation for the recipient (the investigator), may enter the land to conduct the investigation only—
(a)with the consent of the owner and occupier of the land; or
(b)if the recipient or investigator has given at least 5business days written notice to the owner and occupier.
(3)The notice must inform the owner and occupier of—
(a)the intention to enter the land; and
(b)the purpose of the entry; and
(c)the days and times when the land is to be entered.
(4)Nothing in this section authorises the recipient or investigator to enter a building used for residential purposes.
(5)When conducting the environmental investigation, the recipient or investigator must take all reasonable steps to ensure the recipient or investigator causes as little inconvenience, and does as little damage, as is practicable in the circumstances.
(6)If a person incurs loss or damage because of the environmental investigation, the person is entitled to be paid by the recipient or investigator reasonable compensation because of the loss or damage—
(a)as agreed between the recipient or investigator and the person; or
(b)if an agreement can not be reached—as decided by a court of competent jurisdiction.
(7)The court may make the order about costs that the court considers just.

Division 4 Requirement for declarations

326EDeclarations to accompany report

(1)An environmental report submitted to the administering authority must be accompanied by a declaration stating that the recipient—
(a)has not knowingly given false or misleading information to the person who carried out the environmental evaluation; and
(b)has given all relevant information to the person who carried out the environmental evaluation.
(2)The declaration must be made—
(a)if the recipient is an individual—by the recipient; or
(b)if the recipient is a corporation—by an executive officer of the corporation.
(3)In this section—
recipient, for an environmental report, means the person who received a notice under section 323(2), 326B(2) or 326BA(2) requiring the person to give the administering authority the report.

Division 5 Steps after receiving environmental reports

326FAdministering authority may request further information

(1)This section applies for an environmental report about an environmental investigation.
(2)The administering authority may, by written notice, ask the recipient to give further information needed to decide whether to approve the environmental report.
(3)The request must be made within 10 business days after the report is received.
(4)In this section—
recipient, for an environmental report about an environmental investigation, means the person required to submit the report to the administering authority under section 326B(2) or 326BA(2).

326GDecision about environmental report

(1)Subsection (2) applies if an environmental report is about an environmental audit.
(2)The administering authority must accept the report.

Note—

An environmental report about an environmental audit must be prepared by an auditor. See section 574A.
(3)Subsection (4) applies if an environmental report is about an environmental investigation.
(4)The administering authority must decide to—
(a)accept the report; or
(b)refuse to accept the report.
(5)The administering authority may only make a decision under subsection (4)(b) if the authority is satisfied the report does not adequately address the relevant matters for the environmental investigation to which the report relates.
(6)A decision under subsection (4) must be made—
(a)if a request for further information was made under section 326F—within 20 business days after the further information is received; or
(b)otherwise—within 20 business days after the environmental report is received.
(7)The administering authority may extend the period mentioned in subsection (6) for making the decision if—
(a)the authority is satisfied there are special circumstances for extending the time; and
(b)before the extension starts, it gives an information notice about the decision to extend to the recipient.
(8)The administering authority must give the recipient written notice of the decision within 5 business days after making the decision.
(9)In this section—
recipient, for an environmental report about an environmental investigation, means the person required to submit the report to the administering authority under section 326B(2) or 326BA(2).

326HAction following acceptance of report

(1)If the administering authority accepts an environmental report under section 326G, the administering authority may do 1 or more of the following—
(a)for a report other than a report for an activity to which a PRCP schedule applies—require the recipient to prepare and submit a transitional environmental program to it;
(b)if the recipient is the holder of an environmental authority or PRCP schedule—amend the conditions of the authority or PRCP schedule;
(c)serve an environmental protection order on the recipient;
(d)take any other action it considers appropriate.
(2)In this section—
recipient, for an environmental report, means the person who received a notice under section 323(2), 326B(2) or 326BA(2) requiring the person to give the administering authority the report.

326IAction following refusal of report

(1)Subsection (2) applies if the administering authority decides to refuse to accept an environmental report under section 326G(4)(b).
(2)The administering authority may require the recipient to conduct or commission another environmental investigation and submit a report on the investigation to it.
(3)A requirement under subsection (2) must be made by written notice given to the recipient.
(4)The notice must state—
(a)the relevant matters for the evaluation required; and
(b)a reasonable period after the notice is given by which the report must be given to the administering authority.
(5)A notice under subsection (2) must be accompanied by or include an information notice about the decision to give the notice and to fix the stated period.
(6)A person given a notice about a requirement under subsection (2) must comply with the requirement within the period stated in the notice.

Maximum penalty for subsection (6)—300 penalty units.

(7)In this section—
recipient, for an environmental report about an environmental investigation, means the person required to submit the report about the investigation to the administering authority under section 326B(2) or 326BA(2).

Division 6 Miscellaneous

327Costs of environmental evaluation and report

The recipient must meet the following costs—
(a)the costs of conducting or commissioning an environmental evaluation and report;
(b)the costs of giving additional relevant information about the report required by the administering authority.

329Failure to make decision on environmental report taken to be refusal

If the administering authority fails to make a decision under section 326G(4) within the period stated in section 326G(6)—
(a)the administering authority is taken to have decided to refuse to accept the report; and
(b)the decision is taken to have been made on the last day of the period stated in section 326G(6).

Part 3 Transitional environmental programs

Division 1 Preliminary

330What is a transitional environmental program

(1)A transitional environmental program is a specific program that, when complied with, achieves compliance with this Act for the activity to which it relates by doing 1 or more of the following—

(a)reducing environmental harm caused by the activity;
(b)detailing the transition of the activity to an environmental standard;
(c)detailing the transition of the activity to comply with—
(i)a condition of an environmental authority for the activity; or
(ii)a development condition; or
(iii)a prescribed condition for carrying out a small scale mining activity; or
(iv)an agricultural ERA standard that applies to an agricultural ERA.

(2)However, a transitional environmental program must not be used to achieve compliance with—
(a)an enforceable undertaking; or
(b)a PRCP schedule.

331Content of program

A transitional environmental program must be in the approved form and, for the activity to which it relates—
(a)state the objectives to be achieved and maintained under the program for the activity; and
(b)state the particular actions required to achieve the objectives, and the day by which each action must be carried out, taking into account—
(i)the best practice environmental management for the activity; and
(ii)the risks of environmental harm being caused by the activity; and
(c)state how any environmental harm that may be caused by the activity will be prevented or minimised, including any interim measures that are to be implemented; and
(d)if the activity is to transition to an environmental standard, state—
(i)details of the standard; and
(ii)how the activity is to transition to the standard before the program ends; and
(e)if the activity is to transition to comply with a condition of an environmental authority, a development condition or a prescribed condition for carrying out a small scale mining activity, state—
(i)details of the condition and how the activity does not comply with it; and
(ii)how compliance with the condition will be achieved before the program ends; and
(f)state the period over which the program is to be carried out; and
(g)state appropriate performance indicators at intervals of not more than 6 months; and
(h)provide for monitoring and reporting on compliance with the program.

Division 2 Submission and approval of transitional environmental programs

332Administering authority may require draft program

(1)The administering authority may require a person or public authority to prepare and submit to it for approval a draft transitional environmental program as a condition of an environmental authority.
(2)The administering authority may also require a person or public authority to prepare and submit to it for approval a draft transitional environmental program if it is satisfied—
(a)an activity carried out, or proposed to be carried out, by the person or authority is causing, or may cause, unlawful environmental harm; or
(b)it is not practicable for the person or public authority to comply with an environmental protection policy or regulation on its commencement; or
(c)that a condition of an environmental authority held by the person or public authority is, or has been, contravened; or
(ca)that a prescribed condition for carrying out a small scale mining activity is, or has been, contravened by the person or public authority carrying out the activity; or
(d)a development condition of a development approval is, or has been, contravened and the person or public authority is—
(i)an owner of the land for which the approval is granted; or
(ii)another person in whom the benefit of the approval vests; or
(e)an environmental protection order issued to the person or public authority has been amended or withdrawn.
(3)A requirement under subsection (1) or (2) must be made by written notice given to the person or public authority.
(4)The notice must state—
(a)the grounds on which the requirement is made; and
(b)the matters to be addressed by the program; and
(c)the period over which the program is to be carried out; and
(d)the day (at least a reasonable period after the notice is given) by which the program must be prepared and submitted to the administering authority; and
(e)the review or appeal details.
(5)A person of whom a requirement under subsection (1) or (2) has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty for subsection (5)—100 penalty units.

333Voluntary submission of draft program

(1)A person or public authority may, at any time, submit for approval a draft transitional environmental program to the administering authority for an activity the person or public authority is carrying out or proposes to carry out.
(2)A person or public authority may submit a document under subsection (1) if it contains or provides for the matters mentioned in section 331, even though the document was not originally prepared for this Act.
(3)The document is taken to be a draft transitional environmental program.

334Fee for consideration of draft program

A person or public authority that submits a draft transitional environmental program to an administering authority for approval must pay the authority the fee prescribed by regulation.

334AAdministering authority may request further information

(1)The administering authority may, by written notice, ask the person or public authority that submitted the draft transitional environmental program to give further information needed to decide whether to approve the draft program.
(2)The request must be made within 10 business days after the draft program is received.

335Public notice of submission for approval of certain draft programs

(1)This section applies if a person or public authority submits for approval a draft transitional environmental program that states a period longer than 3 years over which the program is to be carried out.
(2)The person or public authority must give public notice of the submission by—
(a)advertisement published in a newspaper circulating generally in the area in which the activity to which the draft program relates is, or is proposed to be, carried out; and
(b)if the program relates to premises—
(i)placing a notice on the premises; and
(ii)serving a notice on the occupiers of all premises adjoining the premises.
(3)The public notice under subsection (2) must be given—
(a)if further information is requested under section 334A(1)—within 2 business days after a response to the request is given; or
(b)otherwise—within 12 business days after the draft program is received by the administering authority.
(4)The notice must—
(a)be in the approved form; and
(b)invite submissions on the draft program from government departments, public authorities, local governments, landholders, industry, interested groups and persons and members of the public; and
(c)state the day (at least 10 business days after compliance with subsection (2)) nominated by the administering authority as the day by which submissions may be made to the authority.

336Authority may call conference

(1)The administering authority may invite the person or public authority that has submitted a draft transitional environmental program and another person who has made a submission under section 335 about the program, to a conference to help it in deciding whether or not to approve the program.
(2)The administering authority must give written notice to all persons invited to attend the conference of when and where the conference is to be held.
(3)However, if the administering authority considers it is impracticable to give notice to all persons invited to attend the conference, the authority may give notice of the conference by publishing a notice in the newspapers the authority decides.
(4)The administering authority must endeavour to appoint an independent person to mediate the conference.

336AAdministering authority may seek advice, comment or information about submission

(1)The administering authority may ask any person for advice, comment or information about a submission for approval of a transitional environmental program at any time.
(2)There is no particular way advice, comment or information may be asked for and received and the request may be by public notice.

337Administering authority to consider draft programs

(1)The administering authority must decide whether to approve a draft transitional environmental program submitted to it within 20 business days after—
(a)if public notice is required under section 335—the day stated in the notice as the day by which submissions may be made to the administering authority; or
(b)if public notice is not required and further information is not requested under section 334A(1)—the day the draft program is received by the administering authority; or
(c)if public notice is not required and further information is requested under section 334A(1)—the day a response to the request for further information is received.
(2)The administering authority may extend the period mentioned in subsection (1) for making the decision if, before the extension starts, it gives an information notice about the decision to extend to—
(a)the person or public authority that submitted the program; and
(b)any submitters.
(3)If public notice is required to be given of the submission of the draft program, the administering authority must be satisfied public notice has been properly given before making a decision.

338Criteria for deciding draft program

(1)In deciding whether to approve or refuse to approve the draft program or the conditions (if any) of the approval, the administering authority—
(a)must comply with any relevant regulatory requirement; and
(b)subject to paragraph (a), must also consider the following—
(i)the standard criteria;
(ii)additional information given in relation to the draft program;
(iii)the views expressed at a conference held in relation to the draft program.
(2)Subsection (1)(b) does not limit the criteria or matters the administering authority may consider in making a decision under section 339.

339Decision about draft program

(1)The administering authority may—
(a)approve a draft transitional environmental program—
(i)as submitted; or
(ii)as amended at the request, or with the agreement, of the administering authority; or
(b)refuse to approve a draft transitional environmental program.
(2)The administering authority may impose on an approval of a draft transitional environmental program—
(a)any conditions the authority must impose under a regulatory requirement; and
(b)a condition requiring the holder of the approval to give an amount of financial assurance as security for compliance with the transitional environmental program and any conditions of the program; and
(c)any other conditions the administering authority considers appropriate.
(3)If the draft transitional environmental program is approved, the approval remains in force for the period stated in the notice of the approval given under section 340.

340Notice of decision

(1)The administering authority must, within 8 business days after making a decision under section 339, give the person or public authority that submitted the program a written notice about the decision.
(2)If the administering authority approves the program, the notice must—
(a)identify the documents forming the approved transitional program, including any amendments under section 339(1)(a)(ii); and
(b)state any conditions imposed on the approval by the administering authority; and
(c)state the day the approval ends.
(3)If the administering authority refuses to approve the program or approves the program with conditions, the notice must be an information notice.

341Content of approved program

An approved transitional environmental program consists of the following—
(a)the draft of the program submitted under section 332 or 333, as amended at the request, or with the agreement, of the administering authority;
(b)any conditions imposed on the program by the administering authority.

342Substantial compliance with Act may be accepted as compliance

(1)This section applies if, under this Act, a person or public authority is required to give public notice of the submission of a transitional environmental program and the administering authority is not satisfied public notice has been properly given.
(2)The administering authority may consider and decide whether to approve the draft program if it is satisfied there has been substantial compliance with this Act.

343Failure to approve draft program taken to be refusal

If the administering authority fails to decide whether to approve or refuse a transitional environmental program within the time it is required to make a decision on the program, the failure is taken to be a decision by the authority to refuse to approve the program at the end of the time.

343ANotation of approval of transitional environmental program on particular environmental authorities

(1)This section applies for a draft transitional environmental program relating to an environmental authority.
(2)If the draft transitional environmental program is approved, the administering authority must—
(a)include a note in the environmental authority which states—
(i)details of the approved transitional environmental program; and
(ii)that it is an offence to contravene a requirement of the program or a condition of an approval of a transitional environmental program; and
(b)give the holder of the environmental authority a copy of the environmental authority including the note.
(3)The note is not an amendment to the environmental authority.

Division 3 Amendment of approval for transitional environmental programs

344Application

(1)Division 2 (other than section 335(1)) applies, with all necessary changes, to a submission by the holder of an approval for a transitional environmental program for an environmentally relevant activity to amend the approval.
(2)Without limiting subsection (1), if the holder submits for approval an amendment of the approval that extends the period over which the program is to be carried out to longer than 5 years, section 335(2) and (3) applies to the submission as if the submission were for the approval of a draft transitional environmental program.
(3)Also, the administering authority may approve the amendment only if it is reasonably satisfied it will not result in increased environmental harm being caused by the carrying out of the activity under the amended approval than the environmental harm that would be caused by carrying out the activity if the approval were not granted.
(4)Without limiting the matters to be considered in deciding the application, the administering authority must have regard to—
(a)the period under the original approval; and
(b)the period that remains under the original approval; and
(c)any change to the period under the original approval; and
(d)the nature of the risk of environmental harm being caused by the activity.

Division 3A Financial assurances

344AAdministering authority may claim or realise financial assurance

(1)This section applies if the administering authority incurs, or might reasonably incur, costs or expenses in taking action to secure compliance with a transitional environmental program, or any conditions of the program, for which financial assurance has been given.
(2)The administering authority may recover the reasonable costs or expenses of taking the action by making a claim on or realising the financial assurance or part of it.
(3)Before making the claim on or realising the financial assurance or part of it, the administering authority must give written notice to the person who gave the financial assurance.
(4)The notice must—
(a)state details of the action proposed to be taken; and
(b)state the amount of the financial assurance to be claimed or realised; and
(c)invite the person to make written representations to the administering authority to show why the financial assurance should not be claimed or realised as proposed; and
(d)state the period within which the representations may be made.
(5)The stated period must end at least 20 business days after the person is given the notice.

344BConsidering representations

The administering authority must consider any written representations made within the stated period by the person who gave the financial assurance.

344CDecision

(1)The administering authority must, within 10 business days after the end of the stated period, decide whether to make a claim on or realise the financial assurance.
(2)If the administering authority decides to make a claim on or realise the financial assurance, it must, within 5 business days after making the decision, give the person an information notice about the decision.

344DDischarging financial assurance

(1)This section applies if a transitional environmental program approval is subject to a condition that financial assurance be given.
(2)At the end of the period over which the program is carried out, the administering authority must discharge the financial assurance.

Division 3B Cancellation of approval for transitional environmental programs

344ECancelling approval

(1)The administering authority may cancel the approval for a transitional environmental program for any of the following reasons—
(a)the approval holder—
(i)agrees in writing to the cancellation; or
(ii)gives the administering authority a notice under section 347(6) of the disposal of the place or business to which the program relates; or
(iii)gives the administering authority a notice under section 348 of ceasing the activity to which the program relates;
(b)the administering authority is otherwise satisfied the approval holder has—
(i)disposed of the place or business to which the program relates; or
(ii)ceased the activity to which the program relates.
(2)If the administering authority decides to cancel an approval, the administering authority must—
(a)give a notice that states the details of the cancellation to the approval holder; or
(b)if after making reasonable enquiries the administering authority can not locate the approval holder—record details of the cancellation in the register of transitional environmental programs.
(3)The cancellation takes effect on the date stated in the notice or record.
(4)The administering authority must ensure the date stated for cancellation is—
(a)at least 20 business days after the administering authority gives the notice or makes the record; and
(b)if the approval is being cancelled under subsection (1)(a)(ii)—not before the day when the place or business is disposed of.
(5)In this section—
details of the cancellation means—
(a)that the approval is cancelled; and
(b)the reason for the cancellation; and
(c)the date on which the cancellation takes effect.

344FCancelling without approval holder’s agreement

(1)This section applies if the administering authority gives a notice or makes a record about the cancellation, under section 344E(1)(b), of the approval for a transitional environmental program.
(2)If the administering authority stops being satisfied of a matter in section 344E(1)(b) before the cancellation takes effect, the authority must immediately—
(a)withdraw the notice by another written notice; or
(b)remove the record.
(3)If the notice is withdrawn or the record is removed, the proposed cancellation has no effect.

344GCancelled approval noted under s 343A

(1)This section applies if—
(a)the approval for a transitional environmental program is cancelled; and
(b)a note about the program was included in an environmental authority under section 343A; and
(c)the environmental authority is still in force.
(2)The administering authority must give the holder of the environmental authority a copy of the authority that does not include the note.

Division 4 Miscellaneous

345Annual return

The holder of an approval of a transitional environmental program must, within 22 business days after each anniversary of the day of approval of the program, give to the administering authority an annual return in the approved form.

Maximum penalty—100 penalty units.

346Effect of compliance with program

(1)This section applies if an approved transitional environmental program authorises the holder to do, or not to do, something under the program.
(2)The holder, or a person acting under the approval may do, or not do, the thing under the program despite anything in—
(a)a regulation; or
(b)an environmental protection policy; or
(c)an environmental authority held by the holder; or
(d)a development condition of a development approval; or
(e)a prescribed condition for carrying out a small scale mining activity; or
(f)an agricultural ERA standard.
(3)Without limiting subsection (2), the doing, or not doing, of the thing under the program is not a contravention of—
(a)a regulation; or
(b)an environmental protection policy; or
(c)a condition of an environmental authority held by the holder; or
(d)a development condition of a development approval; or
(e)a prescribed condition for carrying out a small scale mining activity; or
(f)an agricultural ERA standard.

347Notice of disposal by holder of program approval

(1)This section applies if the holder of an approval of a prescribed transitional environmental program proposes to dispose of the place or business to which the program relates to someone else (the buyer).
(2)Before agreeing to dispose of the place or business, the holder must give written notice to the buyer of the existence of the program.

Maximum penalty—50 penalty units.

(3)If the holder does not comply with subsection (2), the buyer may rescind the agreement by written notice given to the holder before the completion of the agreement or possession under the agreement, whichever is the earlier.
(4)On rescission of the agreement under subsection (3)—
(a)a person who was paid amounts by the buyer under the agreement must refund the amounts to the buyer; and
(b)the buyer must return to the holder any documents about the disposal (other than the buyer’s copy of the agreement).
(5)Subsections (3) and (4) have effect despite any other Act or anything to the contrary in the agreement.
(6)Within 10 business days after agreeing to dispose of the place or business, the holder must give written notice of the disposal to the administering authority.

Maximum penalty for subsection (6)—50 penalty units.

(7)In this section—
prescribed transitional environmental program means a transitional environmental program that does not relate to an environmental authority.

348Notice of ceasing to carry out activity by holder of program approval

Within 10 business days after ceasing to carry out the activity to which a transitional environmental program relates, the holder of the approval for the program must give written notice of ceasing to carry out the activity to the administering authority.

Maximum penalty—50 penalty units.

349Compliance with Act at completion of program

The holder of an approval for a transitional environmental program must achieve full compliance with this Act for the matters dealt with by the program at the end of the period over which the program is carried out.

Part 4 Special provisions about voluntary submission of transitional environmental programs

350Program notice

(1)A person may give the administering authority a notice (the program notice) about an act or omission (the relevant event) that—
(a)has caused or threatened environmental harm in the carrying out of an activity by the person; and
(b)is lawful apart from this Act.
(2)The notice must—
(a)be in the approved form; and
(b)give full details of the relevant event; and
(c)declare the person’s intention to prepare, and submit to the authority a transitional environmental program for the activity; and
(d)state the other information prescribed by regulation.
(3)The person may submit with the notice any report, or the results of any analysis, monitoring program, test or examination, carried out by or for the person for the relevant event.

351Program notice privileged

(1)If the relevant event stated in the program notice constitutes an offence against this Act (the original offence), the giving of the program notice, the program notice and any documents submitted with it are not admissible in evidence against the person in a prosecution for the original offence.
(2)Subsection (1) does not prevent other evidence obtained because of the giving of the program notice, the program notice or any documents submitted with it being admitted in any legal proceeding against the person.

352Authority to act on notice

(1)Within 10 business days after receiving the program notice, the administering authority must give written notice to the person of—
(a)its receiving the notice; and
(b)the day by which a draft transitional environmental program dealing with the activity must be submitted to it for approval.
(2)The day mentioned in subsection (1)(b) must not be more than 3 months after the administering authority receives the program notice.
(3)This section has effect subject to section 355.

353Effect of program notice

(1)On receipt of the program notice by the administering authority, the person giving the notice must not be prosecuted for a continuation of the original offence that happens after the authority receives the notice.
(2)Subsection (1) has effect only until whichever of the following happens first—
(a)the person receives from the administering authority an approval of a transitional environmental program for the activity;
(b)the person receives from the administering authority a notice of refusal to approve a draft transitional environmental program for the activity;
(c)if the person does not submit a draft transitional environmental program for the activity to the administering authority by the day stated in the notice given to the person under section 352(1)—the end of the stated day.
(3)The person may be prosecuted for a continuation of the original offence under the program notice that happens after the authority received the notice if subsection (1) ceases to apply to the person under—
(a)subsection (2)(b) if the administering authority states in the notice of refusal to approve the draft program—
(i)it is satisfied in the circumstances that subsection (1) should not apply to the person; and
(ii)the reasons for the decision; and
(iii)the review or appeal details; or
(b)subsection (2)(c).
(4)Subsection (3) applies even if the continuation of the original offence happened while subsection (1) applied.

354Effect of failure to comply with program

If the holder of an approval for a transitional environmental program for an activity under a program notice does not comply with the program, section 353(1) ceases to apply to the person.

355Authority may apply to Court for order setting aside immunity from prosecution

(1)If the administering authority receives a program notice from a person, the authority may apply to the Court for an order that section 353(1) does not apply to the person for any continuation of the original offence.
(2)The application must be made—
(a)within 20 business days after the administering authority receives the program notice or the longer period the Court in special circumstances allows; and
(b)by filing written notice of the application with the registrar of the Court and serving a copy of the application on the person; and
(c)by complying with rules of court applicable to the application.
(3)The making of the application does not stay the operation of section 353(1).
(4)The procedure for the application is to be in accordance with the rules of court applicable to it or, if the rules make no provision or insufficient provision, in accordance with directions of the judge.

356Court to decide application

(1)The Court may grant an application under section 355 if the Court is satisfied—
(a)the relevant event was wilfully done or omitted to be done with the intention of relying on the giving of a program notice as an excuse; or
(b)it is not appropriate for section 353(1) to apply to the person who gave the program notice because of the nature and extent of the environmental harm caused or threatened by the continuation of the original offence.
(2)In deciding the application, the Court may have regard to the following—
(a)the circumstances in which the relevant event happened;
(b)the nature and extent of the environmental harm caused or threatened by a continuation of the original offence under the program notice;
(c)the resilience of the receiving environment;
(d)the environmental record of the person;
(e)whether a transitional environmental program or protection order is in force for the activity.
(3)If the Court grants the application, the Court must make an order that section 353(1) does not apply to the person for a continuation of the original offence under the program notice (whether the continuation happened before or after the receiving of the program notice).

357Power of Court to make order pending decision on application

(1)This section applies if the administering authority has made an application to the Court under section 355 but the Court has not decided the application.
(2)On the application of the administering authority, the Court may make any order the Court considers appropriate pending a decision on the application.
(3)Without limiting subsection (2), an order may direct the person who gave the program notice to do, or stop doing, anything specified in the order to prevent a continuation of the original offence under the notice.
(4)The Court’s power under this section is in addition to its other powers.
(5)A person who contravenes an order commits an offence against this Act.

Maximum penalty for subsection (5)—

(a)if the offence is committed wilfully—6,250 penalty units or 5 years imprisonment; or
(b)otherwise—4,500 penalty units.

Part 4A Temporary emissions licences

357AAA Definition for pt 4A

In this part—
applicable event see section 357A.

357AWhat is an applicable event

An applicable event is an event, or series of events, either natural or caused by sabotage, that—
(a)was not foreseen; or
(b)was foreseen but, because of a low probability of occurring, it was not considered reasonable to impose a condition on the authority to deal with the event or series of events;

when particular conditions were imposed on an environmental authority, when a transitional environmental program was approved, or when amendments to an approved transitional environmental program were approved.

357BWho may apply for temporary emissions licence

(1)A person may apply for a licence (a temporary emissions licence) that permits the temporary relaxation or modification of—
(a)particular conditions of an environmental authority; or
(b)particular requirements or conditions of a transitional environmental program;

that relate to the release of a contaminant into the environment in response to an applicable event.

(2)A person may apply for a temporary emissions licence only if the person is the holder of—
(a)an environmental authority; or
(b)a transitional environmental program.
(3)The application may be made—
(a)in anticipation of an applicable event; or
(b)in response to an applicable event.

Example of application in anticipation of an applicable event—

application to release a contaminant into water when flood waters are due to reach the site of an activity within hours or days

Example of application in response to an applicable event—

application to allow a waste transfer station to change its operating hours, or the types of material it receives, as part of a flood response after flood waters have receded
(4)The application must—
(a)be made—
(i)in person to an authorised person; or
(ii)by email or facsimile to the administering authority; and
(b)be supported by enough information to enable the administering authority to decide the application.
(5)The applicant must pay the administering authority the fee for the application prescribed under a regulation.
(6)If the applicant does not pay the fee within the period of at least 20 days stated for payment in a notice given to the applicant by the administering authority, the administering authority may recover it as a debt.

357CDeciding application

The administering authority must decide the application as soon as practicable, but no later than 24 hours after receiving it.

357DCriteria for decision

In deciding the application, the administering authority must have regard to the following—
(a)the application;
(b)the extent and impact of the applicable event, including the potential economic impact of granting or not granting the licence;
(c)if the application is for a licence in anticipation of an applicable event—
(i)the likelihood of the applicable event happening; and
(ii)when the applicable event is likely to happen; and
(iii)what circumstances need to exist before the licence takes effect;
(d)the character, resilience and values of the receiving environment;
(e)the likelihood of environmental harm and any measures necessary to minimise the harm;
(f)the likelihood that the release will adversely impact the health, safety or wellbeing of another person;

Example of a release that adversely impacts another person—

a release of an emission that could affect the quality of downstream drinking water
(g)the cumulative impacts of all releases authorised or directed under this Act, including releases under other temporary emissions licences that have been issued or applied for;
(h)the public interest.

357EDecision about temporary emissions licence

(1)The administering authority may—
(a)grant the application for a temporary emissions licence—
(i)as submitted; or
(ii)on different terms than have been requested in the application; or

Example for subparagraph (ii)—

the administering authority may grant a licence for less time or for fewer releases or on stricter conditions than is requested in the application
(b)refuse to grant the application for a temporary emissions licence.
(2)The administering authority may impose conditions on the temporary emissions licence it considers are necessary or desirable.

357FInformation notice

The administering authority must give the applicant an information notice about the decision if the decision is to—
(a)grant the application on different terms than have been requested in the application; or
(b)refuse the application.

357GTemporary emissions licence

(1)A temporary emissions licence must state the following—
(a)the period for which the licence is issued;
(b)the timing, duration, volume and location of the releases permitted by the licence;
(c)for an environmental authority—the conditions of the environmental authority that the licence overrides;
(d)for a transitional environmental program—the requirements or conditions of the transitional environmental program that the licence overrides;
(e)conditions to monitor the releases to ensure that the expected impact of the releases on the receiving environment is not exceeded.
(2)While the licence is in effect, the licence authorises the holder of the licence to do, or not to do, an act, or to make an omission, approved by the licence despite—
(a)a condition of an environmental authority; or
(b)a transitional environmental program or a condition of a transitional environmental program.

357HNo transfer of licence

A temporary emissions licence can not be transferred to another person.

357IFailure to comply with conditions of licence

The holder of, or a person acting under, a temporary emissions licence must comply with the conditions of the licence.

Maximum penalty—

(a)if the offence is committed wilfully—6,250 penalty units or 5 years imprisonment; or
(b)otherwise—4,500 penalty units.

357JAmendment, cancellation or suspension of temporary emissions licence

The administering authority may amend, cancel or suspend a temporary emissions licence if—
(a)after granting the licence—
(i)the authority receives information that the effects of the release of a contaminant into the receiving environment will be greater than was envisaged by the authority when the licence was issued; or
(ii)other applications for temporary emissions licences are made that would, if granted, affect the same environmental values as the issued licence; or
(b)for the amendment of a temporary emissions licence—the holder of the licence gives written agreement to the amendment; or
(c)for the cancellation of a temporary emissions licence—
(i)the holder of the licence agrees in writing to the cancellation; or
(ii)the holder of the licence gives the administering authority notice of ceasing the activity to which the licence relates.

Part 5 Environmental protection orders

Division 1 General

358When order may be issued

The administering authority may issue an order (an environmental protection order) to a person—
(a)if the person does not comply with a requirement to conduct or commission an environmental evaluation and submit it to the authority; or
(b)if the person does not comply with a requirement to prepare a transitional environmental program and submit it to the authority; or
(c)if the authority is satisfied, because of an environmental evaluation conducted or commissioned by the person, unlawful environmental harm is being, or is likely to be, caused; or
(d)to secure compliance by the person with—
(i)the general environmental duty; or
(ii)an environmental protection policy; or
(iii)a condition of an environmental authority; or
(iv)a development condition of a development approval; or
(v)a prescribed condition for carrying out a small scale mining activity; or
(vi)a condition of a site management plan; or
(vii)a PRCP schedule; or
(viii)an audit notice; or
(ix)a surrender notice; or
(x)a rehabilitation direction; or
(xi)a regulation; or
(xii)an agricultural ERA standard; or
(e)if the person is, or has been, contravening any of the following provisions—
(i)section 363E;
(ii)section 440Q;
(iii)section 440ZG;
(iv)a provision of chapter 8, part 3E or 3F; or
(f)in the circumstances stated in division 2.

359Standard criteria to be considered before issue of order

Before deciding to issue an environmental protection order, the administering authority must consider the standard criteria.

360Form and content of order

(1)An environmental protection order—
(a)must be in the form of a written notice; and
(b)must specify the person to whom it is issued; and
(c)may impose a reasonable requirement relevant to a matter or thing mentioned in section 358; and
(d)must state the review or appeal details; and
(e)must be served on the recipient.
(2)Without limiting subsection (1)(c), an environmental protection order may—
(a)require the recipient to not start, or stop, a stated activity indefinitely, for a stated period or until further notice from the administering authority; or
(b)require the recipient to carry out a stated activity only during stated times or subject to stated conditions; or
(c)require the recipient to take stated action within a stated period.

361Offence not to comply with order

(1)The recipient must not wilfully contravene an environmental protection order.

Maximum penalty—6,250 penalty units or 5 years imprisonment.

(2)The recipient must not contravene an environmental protection order.

Maximum penalty—4,500 penalty units.

(3)In a proceeding for an offence against subsection (1), if the court is not satisfied the defendant is guilty of the offence charged but is satisfied the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the offence against subsection (2).

362Notice of disposal by recipient

(1)This section applies if the recipient of an environmental protection order proposes to dispose of the place or business to which the order relates to someone else (the buyer).
(2)Before agreeing to dispose of the place or business, the recipient must give written notice to the buyer of the existence of the order.

Maximum penalty—50 penalty units.

(3)If the recipient does not comply with subsection (2), the buyer may rescind the agreement by written notice given to the recipient before the completion of the agreement or possession under the agreement, whichever is the earlier.
(4)On rescission of the agreement under subsection (3)—
(a)a person who was paid amounts by the buyer under the agreement must refund the amounts to the buyer; and
(b)the buyer must return to the recipient any documents about the disposal (other than the buyer’s copy of the agreement).
(5)Subsections (3) and (4) have effect despite anything to the contrary in the agreement.
(6)Within 10 business days after agreeing to dispose of the place or business, the recipient must give written notice of the disposal to the administering authority.

Maximum penalty for subsection (6)—50 penalty units.

363Notice of ceasing to carry out activity

Within 10 business days after ceasing to carry out the activity to which an environmental protection order relates, the recipient must give written notice of the ceasing to carry out the activity to the administering authority.

Maximum penalty—50 penalty units.

Division 2 Issue of orders to related persons of companies

363AADefinitions for division

In this division—
associated entity has the meaning given by the Corporations Act, section 50AAA.
financial interest, in a company, means a direct or indirect interest in—
(a)shares in the company; or
(b)a mortgage, charge or other security given by the company; or
(c)income or revenue of the company.
high risk company means—
(a)a company that is an externally-administered body corporate within the meaning given by the Corporations Act, section 9; or
(b)a company that is an associated entity of a company mentioned in paragraph (a).
interest means a legal or equitable interest.
related person see section 363AB.
relevant activity, in relation to a company, means an environmentally relevant activity—
(a)that was, or is being, carried out by the company under an environmental authority; or
(b)that was, or is being, carried out by the company and has caused, or is causing or likely to cause, environmental harm.

363ABWho is a related person of a company

(1)A person is a related person of a company if—
(a)the person is a holding company of the company; or
(b)the person owns land on which the company carries out, or has carried out, a relevant activity other than a resource activity; or
(c)the person—
(i)is an associated entity of the company; and
(ii)owns land on which the company carries out, or has carried out, a relevant activity that is a resource activity; or
(d)the administering authority decides under this section the person has a relevant connection with the company.
(2)The administering authority may decide a person has a relevant connection with a company if satisfied—
(a)the person is capable of significantly benefiting financially, or has significantly benefited financially, from the carrying out of a relevant activity by the company; or
(b)the person is, or has been at any time during the previous 2 years, in a position to influence the company’s conduct in relation to the way in which, or extent to which, the company complies with its obligations under this Act.
(3)A reference in subsection (2)(b) to a person being in a position to influence a company’s conduct includes a person being in that position—
(a)whether alone or jointly with an associated entity of the company; and
(b)whether by giving a direction or approval, by making funding available or in another way.
(4)In deciding for subsection (2) whether a person has a relevant connection with a company (the first company), the matters an administering authority may consider include the following—
(a)the extent of the person’s control of the first company;
(b)whether the person is an executive officer of—
(i)the first company; or
(ii)a holding company or other company with a financial interest in the first company;
(c)the extent of the person’s financial interest in the first company;
(d)the extent to which a legally recognisable structure or arrangement makes or has made it possible for the person to receive a financial benefit from the carrying out of a relevant activity by the first company, including (but not limited to) a structure or arrangement under which—
(i)the person is not entitled to require a financial benefit; but
(ii)it is possible for the person to receive a financial benefit because of a decision by someone else or the exercise of a discretion by someone else;
(e)any agreements or other transactions the person enters into with a company mentioned in paragraph (b)(i) or (ii);
(f)the extent to which dealings between the person and a company mentioned in paragraph (b)(i) or (ii) are—
(i)at arm’s length; or
(ii)on an independent, commercial footing; or
(iii)for the purpose of providing professional advice; or
(iv)for the purpose of providing finance, including the taking of a security;
(g)the extent of the person’s compliance with a requirement under section 451 for information relevant to the making of a decision under this section.
(5)The matters mentioned in subsection (4) may be considered as at the time the administering authority is making the decision under subsection (2) or as at an earlier time relevant to the decision.
(6)In deciding for subsection (2) whether a person, other than an associated entity of a company, has a relevant connection with the company, it is irrelevant if the person—
(a)is capable of significantly benefiting financially, or has significantly benefited financially—
(i)under an agreement or obligation relating to native title, Aboriginal cultural heritage or Torres Strait Islander cultural heritage; or
(ii)under a conduct and compensation agreement, or from compensation paid or payable, under resource legislation; or
(iii)under a make good agreement for a water bore under the Water Act 2000; or
(b)is or has been in a position to influence the company’s conduct because of an agreement or obligation mentioned in paragraph (a).
(7)In making a decision under this section, the administering authority must have regard to any relevant guidelines in force under section 548A.
(8)In this section—
control has the meaning given by the Corporations Act, section 50AA.
financial benefit, received by a person, includes profit, income, revenue, a dividend, a distribution, money’s worth, an advantage, priority or preference, whether direct or indirect, that is received, obtained, preferred on or enjoyed by the person.
owner, of land, does not include a person mentioned in schedule 4, definition owner, paragraph 1(d) to (f).

363ABA Decision whether to issue an order

In deciding whether to issue an environmental protection order to a related person of a company under section 363AC or 363AD, the administering authority—
(a)must have regard to any relevant guidelines in force under section 548A; and
(b)may consider whether the related person took all reasonable steps, having regard to the extent to which the person was in a position to influence the company’s conduct, to ensure the company—
(i)complied with its obligations under this Act; and
(ii)made adequate provision to fund the rehabilitation and restoration of the land because of environmental harm from a relevant activity carried out by the company.

363ACOrder may be issued to related person

(1)When issuing an environmental protection order to a company under division 1, or if an environmental protection order issued to a company under division 1 is in force, the administering authority may also issue an environmental protection order under division 1 to a related person of the company.
(2)The order may impose any requirement on the related person that is being, or has been, imposed on the company, as if the related person were the company.

363ADOrder may be issued to related person of high risk company

(1)The administering authority may issue an environmental protection order under division 1 to a related person of a high risk company, whether or not an environmental protection order is being issued, or has been issued, to the high risk company.
(2)The order may impose any requirement on the related person that could be imposed on the high risk company under division 1, as if the related person were the high risk company.
(3)If the high risk company has stopped holding an environmental authority, the order may include any requirements that could be imposed if the company still held the environmental authority.

Example—

The order may include a requirement to secure compliance with a condition of an environmental authority that the high risk company no longer holds.
(4)Also, the order may require the related person to—
(a)take action to prevent or minimise the risk of unlawful serious or material environmental harm—
(i)from a relevant activity; or
(ii)from contaminants on land on which the high risk company carries out, or has carried out, a relevant activity (whether or not the contaminants are the result of a relevant activity); or
(b)take action to rehabilitate or restore land because of environmental harm—
(i)from a relevant activity; or
(ii)from contaminants on land on which the high risk company carries out, or has carried out, a relevant activity (whether or not the contaminants are the result of a relevant activity); or
(c)give the administering authority a bank guarantee or other security for the related person’s compliance with the order.

363AEOrder may provide for joint and several liability

If a requirement is made of 2 or more related persons of a company, the environmental protection order or orders issued to them may provide that the related persons are jointly and severally liable for complying with the requirement, including for the costs of compliance.

363AFProcedure if related person is not the owner of land on which action is required

(1)This section applies if an environmental protection order issued to a related person (the recipient) requires the recipient to take action on land the recipient does not own.
(2)The recipient, or person taking the action for the recipient (the contractor), may enter the land to take the action only—
(a)with the consent of the owner and occupier of the land; or
(b)if the recipient or contractor has given at least 2 business days written notice to the owner and occupier.
(3)The notice under subsection (2)(b) must inform the owner and occupier of—
(a)the intention to enter the land; and
(b)the purpose of the entry; and
(c)the days and times when the entry is to be made.
(4)In taking the action, the recipient or contractor must take all reasonable steps to ensure the recipient or contractor causes as little inconvenience, and does as little damage, as is practicable in the circumstances.
(5)Nothing in this section authorises the recipient or contractor to enter a building used for residential purposes.
(6)If a person incurs loss or damage because of action taken by the recipient or contractor, the person is entitled to be paid by the recipient or contractor the reasonable compensation because of the loss or damage that is agreed between the recipient or contractor and the person or, failing agreement, decided by a court having jurisdiction for the recovery of amounts up to the amount of compensation claimed.
(7)Subsection (6) does not apply to loss or damage incurred by the company of whom the recipient is a related person.
(8)The court may make an order about costs it considers just.

363AG Taking action in place of related person

(1)This section applies if—
(a)an environmental protection order is issued to a related person (the recipient); and
(b)either—
(i)the recipient fails to comply with it within the period stated in the order; or
(ii)the operation of the decision to issue the order is stayed under section 522539A or 535539B.
(2)An authorised person, or person acting under the direction of an authorised person (the contractor), may take any of the actions stated in the environmental protection order.
(3)For subsection (2), the authorised person or contractor may enter land on which the actions are required to be taken—
(a)with the consent of the owner and occupier of the land; or
(b)if the authorised person or contractor has given at least 2 business days written notice, complying with section 363AF(3), to the owner and occupier.
(4)If the authorised person or contractor enters land under subsection (3), section 363AF(4) to (7) applies as if a reference in the provisions to the recipient or contractor were a reference to the authorised person or contractor.
(5)Subsections (3) and (4) do not limit another provision of this Act under which an authorised person may enter land.

Note—

See also sections 452 and 458 in relation to the power to enter a place to take the actions.

363AHObstruction of recipient complying with notice

(1)A person must not obstruct the recipient of an environmental protection order in the taking of action to comply with an environmental protection order unless the person has a reasonable excuse.

Maximum penalty—165 penalty units.

(2)In this section—
recipient, of an environmental protection order, means—
(a)a related person to whom the order is issued; or
(b)a person acting for a related person to whom the order is issued.

363AIAdministering authority may issue cost recovery notice

(1)This section applies if the administering authority issues an environmental protection order to a related person (the recipient).
(2)The administering authority may issue a written notice (a cost recovery notice) to the recipient if—
(a)the recipient fails to comply with the environmental protection order and an authorised person or contractor acts under section 363AG; or
(b)the following happens—
(i)the operation of the decision to issue the environmental protection order is stayed under section 522539A or 535539B;
(ii)during the period of the stay, an authorised person or contractor acts under section 363AG;
(iii)the appeal ends and—
(A)there is no appeal decision under section 530 or 539; or
(B)the effect of the appeal decision under section 530 or 539 is to confirm the decision to issue the environmental protection order to the extent the order required the recipient to take an action that was ultimately taken by the authorised person or contractor under section 363AG; or
(C)the effect of the appeal decision under section 530 or 539 is to issue an environmental protection order requiring the recipient to take action for the same purpose as the action that was ultimately taken by the authorised person or contractor under section 363AG.
(3)A cost recovery notice may claim a stated amount for costs or expenses reasonably incurred in—
(a)taking an action stated in the environmental protection order; or
(b)monitoring compliance by the recipient with the order.
(4)Subsection (5) applies if—
(a)the environmental protection order issued by the administering authority (the original order) required the recipient to take action for a particular purpose; and
(b)an environmental protection order is issued under an appeal decision mentioned in subsection (2)(b)(iii)(C) (the appeal order) requiring the recipient to take action for the same purpose.
(5)The amount claimed for costs and expenses incurred in taking the action stated in the original order may not be more than the costs and expenses that would be reasonably incurred in taking the action for the same purpose under the appeal order.
(6)A cost recovery notice must state the following matters—
(a)the name of the recipient;
(b)the amount claimed;
(c)a description of costs and expenses giving rise to the claimed amount;
(d)that, if the recipient does not pay the amount to the administering authority within 30 days after the day the notice is issued, the administering authority may claim the amount from the recipient as a debt;
(e)the name, address and contact details of the administering authority;
(f)the review or appeal details.
(7)If the recipient does not pay the amount to the administering authority within 30 days after the day the notice is issued, the administering authority may claim the amount from the recipient as a debt.
(8)If a cost recovery notice is issued to 2 or more recipients—
(a)a copy of the notice must be given to each recipient; and
(b)the amount claimed in the notice is payable by the recipients jointly and severally.
(9)A reference in this section to an authorised person includes a person acting under the direction of an authorised person.
(10)In this section—
costs and expenses includes labour, equipment and administrative costs and expenses.

363AJ Review of operation of division

(1)The Minister must, within 2 years after the commencement, review the operation of this division to decide whether the provisions of the division remain appropriate.
(2)The Minister must, as soon as practicable after finishing the review, table a report about its outcome in the Legislative Assembly.

Part 5A Direction notices

363APrescribed provisions

(1)This part provides for a direction notice to be issued for a contravention of any of the following (each of which is a prescribed provision)—
(a)section 426, 440, 440Q or 440ZG;
(b)a provision of an agricultural ERA standard for an agricultural ERA.
(2)However, a provision of the agricultural ERA standard is a prescribed provision only if the person contravening the provision is the person carrying out an agricultural ERA for which the standard is in effect.

Note—

If there is a transitional environmental program for the agricultural ERA, see section 346 for the effect of complying with that program.

363BAuthorised person may issue a direction notice

(1)This section applies if an authorised person is satisfied on reasonable grounds that—
(a)a person—
(i)is contravening a prescribed provision; or
(ii)has contravened a prescribed provision in circumstances that make it likely the contravention will continue or be repeated; and
(b)a matter relating to the contravention can be remedied; and
(c)it is appropriate to give the person an opportunity to remedy the matter.
(2)The authorised person may issue a written notice (a direction notice) to the person requiring the person to remedy the contravention.
(3)If, for any reason, it is not practicable to make a requirement to remedy the contravention by written notice, the requirement may be made orally and confirmed by a direction notice as soon as practicable.

Note—

Whether an oral requirement is made before issuing a direction notice is relevant to the time by which the person may be required to remedy the contravention. See section 363D(2)(c).

363CMatters to consider before issuing a direction notice relating to particular emissions

(1)This section applies to a contravention of section 440 involving an emission of aerosols, fumes, light, noise, odour, particles or smoke.
(2)Before deciding to issue a direction notice in relation to the contravention, the authorised person must—
(a)consider the general emission criteria stated in subsection (3); and
(b)if the emission is of noise, consider the noise emission criteria stated in subsection (4); and
(c)having regard to those criteria, consider whether it would be appropriate to issue the direction notice or to first try to resolve the matter in another way.
(3)The general emission criteria, for a particular emission, are as follows—
(a)the emission’s characteristics or qualities;
(b)the emission’s amount or rate;
(c)the duration and time of the emission;
(d)whether the emission is continuous or fluctuating;
(e)the characteristics and qualities of the receiving environment, including the types of emissions that could reasonably be expected in the receiving environment;
(f)the emission’s impact on the receiving environment;
(g)in relation to each affected person for the emission—
(i)any views of the affected person about the emission of which the authorised person is aware, including views about the degree of interference caused, or likely to be caused, by the emission to lawful activities at the place occupied by the affected person; and
(ii)the order of occupancy between the person causing the emission and the affected person; and
(iii)for the period during which the person causing the emission has occupied the place from which the emission is generated and the affected person has occupied the place affected by the emission—
(A)any structural or other changes to either of those places; and
(B)any change to the activities conducted at either of those places by the person causing the emission or affected person;
(h)any mitigating measures that have been taken or could reasonably have been taken by the person causing the emission.
(4)The noise emission criteria are as follows—
(a)if the authorised person has measured a sound pressure level for the noise—that level;
(b)the audibility of the noise;
(c)whether the noise is continuous at a steady level or whether it has a fluctuating, intermittent, tonal or impulsive nature;
(d)whether the noise has vibration components.
(5)In this section—
affected person, for an emission, means a person who the authorised person knows to be affected by the emission.

363DRequirements of direction notices

(1)A direction notice must state the following—
(a)that the authorised person believes the person—
(i)is contravening a prescribed provision; or
(ii)has contravened a prescribed provision in circumstances that make it likely the contravention will continue or be repeated;
(b)the particular prescribed provision the authorised person believes is being, or has been, contravened;
(c)briefly, how it is believed the prescribed provision is being, or has been, contravened;
(d)the time by which the person must remedy the contravention;
(e)that it is an offence to fail to comply with the direction notice unless the person has a reasonable excuse;
(f)the maximum penalty for failing to comply with the direction notice;
(g)the review or appeal details.
(2)The time under subsection (1)(d) must be reasonable having regard to—
(a)the action required to remedy the contravention; and
(b)the risk to human health or the natural environment, or risk of loss or damage to property, posed by the contravention; and
(c)how long the person has been aware of the contravention, for example, because an authorised person has previously made an oral requirement that the contravention be remedied.
(3)The notice may also state the reasonable steps the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the prescribed provision.

363EOffence not to comply with a direction notice

A person who is issued with a direction notice must comply with it unless the person has a reasonable excuse.

Maximum penalty—

(a)if the offence is committed wilfully—1,665 penalty units; or
(b)otherwise—600 penalty units.

Part 5B Clean-up notices

363FDefinitions for pt 5B

In this part—
contamination incident means—
(a)an incident involving contamination of the environment that the administering authority is satisfied has caused or is likely to cause serious or material environmental harm; or
(b)the carrying out of an activity on contaminated land, the happening of an event on contaminated land, or a change in the condition of contaminated land that the administering authority is satisfied has caused or is likely to cause the land or any other land to become contaminated land; or
(c)a combination of matters mentioned in paragraph (a) or (b).
place means premises, another place on land or a vehicle.

363GWho are the prescribed persons for a contamination incident

For this part, each of the following persons is a prescribed person for a contamination incident—
(a)a person causing or permitting, or who caused or permitted, the incident to happen;
(b)a person who, at the time of the incident, is or was—
(i)the occupier of a place at or from which the incident is happening or happened; or
(ii)the owner, or person in control, of a contaminant involved in the incident;
(ba)for a contamination incident mentioned in section 363F, definition contamination incident, paragraph (b)—a prescribed responsible person for the land to which the incident relates;
(c)if a clean-up notice is issued to a corporation (the first corporation) in relation to the incident and it fails to comply with the notice—
(i)a parent corporation of the first corporation; and
(ii)an executive officer of the first corporation.

363HAdministering authority may issue clean-up notice

(1)The administering authority may issue a written notice (a clean-up notice) to a person whom the administering authority reasonably believes to be a prescribed person for a contamination incident, requiring the person to take stated action to do all or any of the following—
(a)prevent or minimise contamination;

Example—

action to contain, remove, disperse or destroy the contaminants
(b)rehabilitate or restore the environment because of the incident, including by taking steps to mitigate or remedy the effects of the incident;
(c)assess the nature and extent of the environmental harm, or the risk of further environmental harm, from the incident, including by inspecting, sampling, recording, measuring, calculating, testing or analysing;
(d)keep the administering authority informed about the incident or the actions taken under the notice, including by giving to the administering authority stated reports, plans, drawings or other documents.
(2)The clean-up notice must state the following matters—
(a)the name of the recipient;
(b)a description of the contamination incident;
(c)the place at or from which the administering authority is satisfied the incident is happening or has happened;
(d)the actions the recipient must take;
(e)for each action, the time by which it must be taken;
(f)that it is an offence for the recipient not to comply with the notice unless the recipient has a reasonable excuse;
(g)the maximum penalty for the offence;
(h)that, if the recipient does not comply with the notice, an authorised person may take any of the actions stated in the notice and the administering authority may recover from the recipient the costs incurred in taking the actions;
(i)the name, address and contact details of the administering authority;
(j)the review or appeal details.
(3)The time under subsection (2)(e) must be reasonable in all the circumstances, having regard to the actions the recipient must take and the risk of harm or further harm from the incident.
(4)The notice may include any other information the administering authority considers appropriate.

Example—

The notice may state how the administering authority proposes to monitor compliance with the notice, including by exercising powers under chapter 9.
(5)If the notice is issued to 2 or more recipients, a copy must be given to each recipient.
(6)To the extent that the recipient complies with the notice but did not cause or permit the contamination incident to happen, the recipient may recover as a debt, from another person who caused or permitted the contamination incident to happen, the amount of loss or expense incurred by the recipient in complying with the notice.
(7)A reference in this section to taking actions includes achieving outcomes.

Example—

A clean-up notice may state, as an action that must be taken, that the recipient must ensure contaminated water does not reach the aquifer.

363IOffence not to comply with clean-up notice

(1)The recipient of a clean-up notice must comply with the notice unless the recipient has a reasonable excuse.

Maximum penalty—

(a)if the offence is committed wilfully—6,250 penalty units or 5 years imprisonment; or
(b)otherwise—4,500 penalty units.

(2)If the recipient is an individual and the notice includes a requirement to give information or produce a document, it is a reasonable excuse for the individual to fail to comply with the requirement if complying with the requirement might tend to incriminate the individual.
(3)In proceedings for an offence against subsection (1), it is a defence for the recipient to show—
(a)that the recipient is not a prescribed person; or
(b)that—
(i)the relevant contamination incident was caused by a natural disaster; and
(ii)the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or
(c)that—
(i)the relevant contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and
(ii)the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or
(d)if the recipient is a prescribed person mentioned in section 363G(c)(i), that it took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or
(e)if the recipient is a prescribed person mentioned in section 363G(c)(ii), that—
(i)the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or
(ii)the person was not in a position to influence the conduct of the first corporation in relation to its compliance with the notice served on the first corporation.
(4)In this section—
first corporation see section 363G(c).
lease includes a residential tenancy agreement under the Residential Tenancies Act 1994.

363JProcedure if recipient is not the owner of land on which action is required

(1)This section applies if a clean-up notice requires the recipient to take action on land that the recipient does not own.
(2)The recipient, or person taking the action for the recipient (the contractor), may enter the land to take the action only—
(a)with the consent of the owner and occupier of the land; or
(b)if the recipient or contractor has given at least 5 business days written notice to the owner and occupier.
(3)The notice under subsection (2)(b) must inform the owner and occupier of—
(a)the intention to enter the land; and
(b)the purpose of the entry; and
(c)the days and times when the entry is to be made.
(4)In taking the action, the recipient or contractor must take all reasonable steps to ensure the recipient or contractor causes as little inconvenience, and does as little damage, as is practicable in the circumstances.
(5)Nothing in this section authorises the recipient or contractor to enter a building used for residential purposes.
(6)If a person incurs loss or damage because of action taken by the recipient or contractor, the person is entitled to be paid by the recipient or contractor the reasonable compensation because of the loss or damage that is agreed between the recipient or contractor and the person or, failing agreement, decided by a court having jurisdiction for the recovery of amounts up to the amount of compensation claimed.
(7)The court may make an order about costs it considers just.

363KTaking action in place of recipient

(1)This section applies if—
(a)the recipient of a clean-up notice fails to comply with it within the period stated in the notice; or
(b)the operation of the decision to issue a clean-up notice is stayed under section 535539B.
(2)An authorised person, or person acting under the direction of an authorised person (the contractor), may take any of the actions stated in the clean-up notice.
(3)For subsection (2), the authorised person or contractor may enter land on which the actions are required to be taken—
(a)with the consent of the owner and occupier of the land; or
(b)if the authorised person or contractor has given at least 5 business days written notice, complying with section 363J(3), to the owner and occupier.
(4)If the authorised person or contractor enters land under subsection (3), section 363J(4) to (7) applies as if a reference in the provisions to the recipient or contractor were a reference to the authorised person or contractor.
(5)Subsections (3) and (4) do not limit another provision of this Act under which an authorised person may enter land.

Note—

See also sections 452 and 458 in relation to the power to enter a place to take the actions.

363LObstruction of recipient complying with notice

(1)A person must not obstruct the recipient of a clean-up notice in the taking of action to comply with a clean-up notice, unless the person has a reasonable excuse.

Maximum penalty—165 penalty units.

(2)In this section—
recipient, of a clean-up notice, includes a person acting for the recipient of a clean-up notice.

Part 5C Cost recovery notices

363MWho are the prescribed persons for a contamination incident

For this part, each of the following persons is a prescribed person for a contamination incident—
(a)a person causing or permitting, or who caused or permitted, the incident to happen;
(b)a person who, at the time of the incident, is or was—
(i)the occupier of a place at or from which the incident is happening or happened; or
(ii)the owner, or person in control, of a contaminant involved in the incident;
(ba)for a contamination incident mentioned in section 363F, definition contamination incident, paragraph (b)—a prescribed responsible person for the land to which the incident relates;
(c)if a cost recovery notice is issued to a corporation (the first corporation) in relation to the incident and it fails to pay the amount claimed under the notice—
(i)a parent corporation of the first corporation; and
(ii)an executive officer of the first corporation.

363NAdministering authority may issue cost recovery notice

(1)The administering authority may issue a written notice (a cost recovery notice)—
(a)to the recipient of a clean-up notice, if—
(i)the recipient fails to comply with the clean-up notice; and
(ii)an authorised person or contractor acts under section 363K; or
(b)to the recipient of a clean-up notice, if—
(i)the operation of the decision to issue a clean-up notice is stayed under section 535section 539B; and
(ii)during the period of the stay, an authorised person or contractor acts under section 363K; and
(iii)either—
(A)the appeal ends without an appeal decision under section 539; or
(B)the effect of the appeal decision under section 539 is to confirm the decision to issue the clean-up notice to the extent the notice required the recipient to take the action that was ultimately taken by the authorised person or contractor under section 363K; or
(c)to a person whom the administering authority reasonably believes to be a prescribed person for a contamination incident, if an authorised person, or person authorised under section 467(1)(b), acts under section 467 in relation to environmental harm caused or likely to be caused by the incident.
(2)A cost recovery notice may claim a stated amount for costs or expenses reasonably incurred in—
(a)for a notice issued under subsection (1)(a) or (b)—
(i)taking an action stated in the clean-up notice; or
(ii)monitoring compliance by the recipient with the clean-up notice; or
(b)for a notice issued under subsection (1)(c)—taking the action under section 467.
(3)A cost recovery notice must state the following matters—
(a)the name of the recipient;
(b)a description of the contamination incident;
(c)the place at or from which the administering authority is satisfied the incident happened;
(d)the amount claimed;
(e)a description of costs and expenses giving rise to the claimed amount;
(f)that, if the recipient does not pay the amount to the administering authority within 30 days after the day the notice is issued, the administering authority may claim the amount from the recipient as a debt;
(g)the name, address and contact details of the administering authority;
(h)the review or appeal details.
(4)Subject to subsection (5), if the recipient does not pay the amount to the administering authority within 30 days after the day the notice is issued, the administering authority may claim the amount from the recipient as a debt.
(5)The amount is not payable—
(a)if the recipient is not a prescribed person; or
(b)if—
(i)the contamination incident was caused by a natural disaster; and
(ii)the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or
(c)if—
(i)the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and
(ii)the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or
(d)for a recipient who is a prescribed person mentioned in section 363M(c)(i), if the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or
(e)for a recipient who is a prescribed person mentioned in section 363M(c)(ii), if—
(i)the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or
(ii)the recipient was not in a position to influence the conduct of the first corporation in relation to its paying the amount claimed under the notice served on the first corporation.
(6)To the extent that the recipient pays an amount in compliance with the notice but did not cause or permit the contamination incident to happen, the recipient may recover the amount as a debt from another person who caused or permitted the contamination incident to happen.
(7)A reference in this section to an authorised person acting includes a person acting under the direction of an authorised person.
(8)In this section—
costs and expenses includes labour, equipment and administrative costs and expenses.
first corporation see section 363M(c).

363OSeveral recipients of a cost recovery notice