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Environmental Protection Act 1994
sec.223Definitions for part
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### sec.223 Definitions 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.
s 223 def condition conversion ins 2014 No. 59 s 39 (1)
major amendment , for an environmental authority or PRCP schedule, means an amendment that is not a minor amendment.
s 223 def major amendment sub 2018 No. 30 s 143 (2) – (3)
minor amendment , for an environmental authority or PRCP schedule, means an amendment that is—
for an environmental authority—
a condition conversion; or
a minor amendment (threshold); or
for a PRCP schedule—a minor amendment (PRCP threshold).
s 223 def minor amendment ins 2014 No. 59 s 39 (1)
sub 2018 No. 30 s 143 (2) – (3)
minor amendment (PRCP threshold) , for a PRCP schedule, means an amendment that—
does not change a post-mining land use or non-use management area; or
does not affect whether a stable condition will be achieved for land under the schedule; or
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
does not relate to a new mining tenure for the schedule; or
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
does not extend the day by which rehabilitation of land to a stable condition will be achieved.
s 223 def minor amendment (PRCP threshold) ins 2018 No. 30 s 143 (3)
minor amendment (threshold) , for an environmental authority, means an amendment that—
is not a change to a condition identified in the authority as a standard condition, other than—
a change that is a condition conversion; or
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; or
a change that will not result in a change to the impact of the relevant activity on an environmental value; and
does not significantly increase the level of environmental harm caused by the relevant activity; and
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
does not significantly increase the scale or intensity of the relevant activity; and
does not relate to a new relevant resource tenure for the authority that is—
a new mining lease; or
a new petroleum lease; or
a new geothermal lease under the Geothermal Energy Act ; or
a new GHG injection and storage lease under the GHG storage Act ; and
involves an addition to the surface area for the relevant activity of no more than 10% of the existing area; and
for an environmental authority for a petroleum activity—
involves constructing a new pipeline that does not exceed 150km; or
involves extending an existing pipeline so that the extension does not exceed 10% of the existing length of the pipeline; and
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.
s 223 def minor amendment (threshold) (prev def minor amendment ) amd 2014 No. 59 s 39 (2) – (3) ; 2018 No. 30 s 143 (4) – (5) ; 2023 No. 6 s 29
properly made amendment application see section 227AAA .
s 223 def properly made amendment application ins 2020 No. 26 s 32
s 223 ins 2000 No. 64 s 6
amd 2004 No. 48 s 82 ; 2005 No. 42 s 52 sch 1 ; 2007 No. 39 s 41 sch ; 2007 No. 56 s 6 sch
sub 2012 No. 16 ss 7 – 8
amd 2018 No. 30 s 143 (1)
- (a) for an environmental authority— (i) a condition conversion; or (ii) a minor amendment (threshold); or
- (i) a condition conversion; or
- (ii) a minor amendment (threshold); or
- (b) for a PRCP schedule—a minor amendment (PRCP threshold).
- (i) a condition conversion; or
- (ii) a minor amendment (threshold); or
- (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.
- (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; or (iii) a change that will not result in a change to the impact of the relevant activity on an environmental value; and
- (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; or
- (iii) a change that will not result in a change to the impact of the relevant activity on an environmental value; 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
- (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
- (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.
- (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; or
- (iii) a change that will not result in a change to the impact of the relevant activity on an environmental value; and
- (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
- (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