sec.125Requirements for applications generally

### sec.125 Requirements for applications generally An application for an environmental authority must— be made to the administering authority; and be made in the approved form; and describe all environmentally relevant activities for the application; and describe the land on which each activity will be carried out; and be accompanied by the fee prescribed under a regulation; and if 2 or more persons ( joint applicants ) jointly make the application—nominate 1 joint applicant as the principal applicant; and state whether the application is— a standard application; or a variation application; or a site-specific application; and state whether the applicant is a registered suitable operator; and 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 if the application is a standard or variation application—include a declaration that each relevant activity complies with the eligibility criteria; and if the application is a variation application— for a variation application under section 123 (1) —state the standard conditions for the activity or authority the applicant seeks to change; or for a variation application under section 123 (2) —state the standard conditions that are not the same as the Coordinator-General’s conditions; and if the application is a variation or site-specific application— include an assessment of the likely impact of each relevant activity on the environmental values, including— a description of the environmental values likely to be affected by each relevant activity; and details of any emissions or releases likely to be generated by each relevant activity; and a description of the risk and likely magnitude of impacts on the environmental values; and details of the management practices proposed to be implemented to prevent or minimise adverse impacts; and 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 include a description of the proposed measures for minimising and managing waste generated by each relevant activity; and include details of any site management plan that relates to the land the subject of the application; and 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 if the application is a site-specific application for a mining activity relating to a mining lease—be accompanied by a proposed PRC plan; and include any other document relating to the application prescribed under a regulation. 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. Subsection (1) (l) does not apply for an application if— either— the EIS process for an EIS for each relevant activity the subject of the application has been completed; or 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 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. 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. 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 — 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 subsection (1) (l) (i) (E) does not apply for the application. 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— 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— started the EIS process for the application; or stated in the application that the applicant will prepare an EIS under chapter 3 , part 1 ; or the chief executive has, under chapter 3 , part 3 , decided that an EIS is required for the application; or 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. Subsection (8) applies if— an application for a prescribed ERA is accompanied by evidence showing the main purpose of applying for the environmental authority is to conduct research into, or test, technology or processes relating to an environmentally relevant activity for which information mentioned in subsection (1) (l) (i) and (ii) is not available; and the application states that the term of the environmental authority applied for is 3 years or less. Despite subsection (1) , the application need not include the matters mentioned in subsection (1) (l) (i) and (ii) to the extent the information is not available. s 125 prev s 125 ins 2000 No. 64 s 6 sub 2002 No. 45 s 7 ; 2004 No. 48 s 32 om 2009 No. 3 s 459 pres s 125 ins 2012 No. 16 s 8 (amd 2013 No. 6 s 50 sch ) amd 2014 No. 40 s 154 sch 1 pt 1 ; 2014 No. 59 s 113 ; 2018 No. 30 s 103 ; 2020 No. 26 s 12 ; 2023 No. 6 s 21 (sec.125-ssec.1) An application for an environmental authority must— be made to the administering authority; and be made in the approved form; and describe all environmentally relevant activities for the application; and describe the land on which each activity will be carried out; and be accompanied by the fee prescribed under a regulation; and if 2 or more persons ( joint applicants ) jointly make the application—nominate 1 joint applicant as the principal applicant; and state whether the application is— a standard application; or a variation application; or a site-specific application; and state whether the applicant is a registered suitable operator; and 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 if the application is a standard or variation application—include a declaration that each relevant activity complies with the eligibility criteria; and if the application is a variation application— for a variation application under section 123 (1) —state the standard conditions for the activity or authority the applicant seeks to change; or for a variation application under section 123 (2) —state the standard conditions that are not the same as the Coordinator-General’s conditions; and if the application is a variation or site-specific application— include an assessment of the likely impact of each relevant activity on the environmental values, including— a description of the environmental values likely to be affected by each relevant activity; and details of any emissions or releases likely to be generated by each relevant activity; and a description of the risk and likely magnitude of impacts on the environmental values; and details of the management practices proposed to be implemented to prevent or minimise adverse impacts; and 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 include a description of the proposed measures for minimising and managing waste generated by each relevant activity; and include details of any site management plan that relates to the land the subject of the application; and 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 if the application is a site-specific application for a mining activity relating to a mining lease—be accompanied by a proposed PRC plan; and include any other document relating to the application prescribed under a regulation. (sec.125-ssec.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. (sec.125-ssec.3) Subsection (1) (l) does not apply for an application if— either— the EIS process for an EIS for each relevant activity the subject of the application has been completed; or 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 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. (sec.125-ssec.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. (sec.125-ssec.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 — 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 subsection (1) (l) (i) (E) does not apply for the application. (sec.125-ssec.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— 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— started the EIS process for the application; or stated in the application that the applicant will prepare an EIS under chapter 3 , part 1 ; or the chief executive has, under chapter 3 , part 3 , decided that an EIS is required for the application; or 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. (sec.125-ssec.7) Subsection (8) applies if— an application for a prescribed ERA is accompanied by evidence showing the main purpose of applying for the environmental authority is to conduct research into, or test, technology or processes relating to an environmentally relevant activity for which information mentioned in subsection (1) (l) (i) and (ii) is not available; and the application states that the term of the environmental authority applied for is 3 years or less. (sec.125-ssec.8) Despite subsection (1) , the application need not include the matters mentioned in subsection (1) (l) (i) and (ii) to the extent the information is not available. - (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 persons ( 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 - (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 - (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 - (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 - (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; and - (o) include any other document relating to the application prescribed under a regulation. - (i) a standard application; or - (ii) a variation application; or - (iii) a site-specific application; and - (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 - (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 - (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 - (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 - (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 - (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. - (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 - (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. - (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 - (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. - (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 - (a) an application for a prescribed ERA is accompanied by evidence showing the main purpose of applying for the environmental authority is to conduct research into, or test, technology or processes relating to an environmentally relevant activity for which information mentioned in subsection (1) (l) (i) and (ii) is not available; and - (b) the application states that the term of the environmental authority applied for is 3 years or less.