QLDIn ForceAct
Environmental Protection Act 1994
sec.203Conditions generally
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### sec.203 Conditions generally
The administering authority may only impose a condition on an environmental authority, draft environmental authority, PRCP schedule or draft PRCP schedule if—
it considers the condition is necessary or desirable; and
if the authority is for an application to which section 115 applies—the condition relates to the carrying out of the relevant prescribed ERA.
Despite subsection (1) , if this Act or a regulatory requirement requires the administering authority to impose a condition, the administering authority must impose the condition.
Subsection (1) only applies for a proposed condition for an environmental authority issued for a standard application if—
the application relates to a mining lease; and
a properly made submission was made for the application; and
the condition is not a standard condition for the relevant activity or authority.
s 203 ins 2000 No. 64 s 6
amd 2001 No. 46 s 13 , ss 7 , 29 sch 2 ; 2004 No. 53 s 2 sch ; 2004 No. 48 s 70 ; 2005 No. 42 s 52 sch 1 ; 2005 No. 53 s 55 ; 2013 No. 6 s 50 sch
sub 2012 No. 16 ss 7 – 8
amd 2018 No. 30 s 126 ; 2023 No. 6 s 145 sch 1 ; 2025 No. 19 s 13 sch 1
(sec.203-ssec.1) The administering authority may only impose a condition on an environmental authority, draft environmental authority, PRCP schedule or draft PRCP schedule if— it considers the condition is necessary or desirable; and if the authority is for an application to which section 115 applies—the condition relates to the carrying out of the relevant prescribed ERA.
(sec.203-ssec.2) Despite subsection (1) , if this Act or a regulatory requirement requires the administering authority to impose a condition, the administering authority must impose the condition.
(sec.203-ssec.3) Subsection (1) only applies for a proposed condition for an environmental authority issued for a standard application if— the application relates to a mining lease; and a properly made submission was made for the application; and the condition is not a standard condition for the relevant activity or authority.
- (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.
- (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.