QLDIn ForceAct
Environmental Protection Act 1994
sec.200When environmental authority takes effect
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### sec.200 When environmental authority takes effect
An environmental authority has effect—
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
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
otherwise—on the day the authority is issued.
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.
However, the day an environmental authority takes effect may not be before—
if the authority is for a resource activity—the day the relevant tenure is granted to the applicant; or
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
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.
s 200 prev s 200 ins 2000 No. 64 s 6
om 2004 No. 48 s 67
pres s 200 ins 2012 No. 16 s 8
amd 2014 No. 40 s 154 sch 1 pt 1 ; 2018 No. 30 s 124
(sec.200-ssec.1) An environmental authority has effect— 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 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 otherwise—on the day the authority is issued. 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.
(sec.200-ssec.2) However, the day an environmental authority takes effect may not be before— if the authority is for a resource activity—the day the relevant tenure is granted to the applicant; or 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 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.
- (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.
- (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.