QLDIn ForceAct
Environmental Protection Act 1994
sec.225Amendment application can not be made in particular circumstances
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### sec.225 Amendment application can not be made in particular circumstances
Despite section 224 , an amendment application for an environmental authority for a prescribed ERA can not be made if—
the proposed amendment involves changes to the relevant activity; and
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
neither of the following applications has been made under the Planning Act —
a development application for a development permit mentioned in paragraph (b) ;
a change application to change a development permit to authorise a material change of use of premises in relation to the changed activity.
Also, despite section 224 , an amendment application for an environmental authority can not be made if—
the proposed amendment is to add an environmentally relevant activity; and
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.
In addition, despite section 224 , if the holder relied on section 125 (8) in the application for the environmental authority, an application can not be made to extend the term of the authority.
Despite section 224 , an amendment application for an environmental authority for a petroleum activity can not be made if the proposed amendment would allow the carrying out of an activity under the authority that is, or involves, the injection of a GHG stream into the Great Artesian Basin for the purpose of enhanced petroleum recovery.
s 225 prev s 225 exp 1 March 1997 (see ss 224, 225)
pres s 225 ins 2000 No. 64 s 6
amd 2001 No. 46 s 21 ; 2004 No. 48 s 83 ; 2005 No. 42 s 52 sch 1 ; 2011 No. 6 s 68
sub 2012 No. 16 ss 7 – 8
amd 2016 No. 27 s 216 ; 2020 No. 26 s 33 ; 2023 No. 6 s 30 ; 2024 No. 33 s 5C
(sec.225-ssec.1) Despite section 224 , an amendment application for an environmental authority for a prescribed ERA can not be made if— the proposed amendment involves changes to the relevant activity; and 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 neither of the following applications has been made under the Planning Act — a development application for a development permit mentioned in paragraph (b) ; a change application to change a development permit to authorise a material change of use of premises in relation to the changed activity.
(sec.225-ssec.2) Also, despite section 224 , an amendment application for an environmental authority can not be made if— the proposed amendment is to add an environmentally relevant activity; and 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.
(sec.225-ssec.3) In addition, despite section 224 , if the holder relied on section 125 (8) in the application for the environmental authority, an application can not be made to extend the term of the authority.
(sec.225-ssec.4) Despite section 224 , an amendment application for an environmental authority for a petroleum activity can not be made if the proposed amendment would allow the carrying out of an activity under the authority that is, or involves, the injection of a GHG stream into the Great Artesian Basin for the purpose of enhanced petroleum recovery.
- (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.
- (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.
- (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.
- (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.