sec.226ARequirements for amendment applications for environmental authorities

### sec.226A Requirements for amendment applications for environmental authorities If the amendment application is for the amendment of an environmental authority, the application must also— describe any development permits in effect under the Planning Act for carrying out the relevant activity for the authority; and state whether each relevant activity will, if the amendment is made, comply with the eligibility criteria for the activity; and if the application states that each relevant activity will, if the amendment is made, comply with the eligibility criteria for the activity—include a declaration that the statement is correct; and state whether the application seeks to change a condition identified in the authority as a standard condition; and if the application relates to a new relevant resource tenure for the authority that is an exploration permit or GHG permit—state whether the applicant seeks 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; and include an assessment of the likely impact of the proposed amendment on the environmental values, including— a description of the environmental values likely to be affected by the proposed amendment; and details of emissions or releases likely to be generated by the proposed amendment; 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 a PRCP schedule does not apply for each relevant activity—details of how the land the subject of the application will be rehabilitated after each relevant activity ends; and include a description of the proposed measures for minimising and managing waste generated by amendments to the relevant activity; and include details of any site management plan or environmental enforcement order issued under section 362 (1) that relates to the land the subject of the application. Subsection (1) (f) does not apply for an amendment application for an environmental authority if— either— the process under chapter 3 for an EIS for the proposed amendment has been completed; or the Coordinator-General has evaluated an EIS for the proposed amendment and there are Coordinator-General’s conditions that relate to the proposed amendment; and an assessment of the environmental risk of the proposed amendment would be the same as the assessment in the EIS mentioned in paragraph (a) (i) or the evaluation mentioned in paragraph (a) (ii) . Also, subsection (1) (a) , (d) , (e) , (f) , (g) and (h) does not apply to an application for a condition conversion. Despite subsection (1) (f) , (g) and (h) , if the amendment application is for an environmental authority 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) (f) (i) to (iv) , (g) and (h) 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) (f) (v) does not apply for the amendment application. s 226A prev s 226A ins 2005 No. 53 s 58 om 2012 No. 16 s 7 pres s 226A ins 2018 No. 30 s 145 amd 2020 No. 26 s 35 ; 2024 No. 30 s 61 sch 1 (sec.226A-ssec.1) If the amendment application is for the amendment of an environmental authority, the application must also— describe any development permits in effect under the Planning Act for carrying out the relevant activity for the authority; and state whether each relevant activity will, if the amendment is made, comply with the eligibility criteria for the activity; and if the application states that each relevant activity will, if the amendment is made, comply with the eligibility criteria for the activity—include a declaration that the statement is correct; and state whether the application seeks to change a condition identified in the authority as a standard condition; and if the application relates to a new relevant resource tenure for the authority that is an exploration permit or GHG permit—state whether the applicant seeks 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; and include an assessment of the likely impact of the proposed amendment on the environmental values, including— a description of the environmental values likely to be affected by the proposed amendment; and details of emissions or releases likely to be generated by the proposed amendment; 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 a PRCP schedule does not apply for each relevant activity—details of how the land the subject of the application will be rehabilitated after each relevant activity ends; and include a description of the proposed measures for minimising and managing waste generated by amendments to the relevant activity; and include details of any site management plan or environmental enforcement order issued under section 362 (1) that relates to the land the subject of the application. (sec.226A-ssec.2) Subsection (1) (f) does not apply for an amendment application for an environmental authority if— either— the process under chapter 3 for an EIS for the proposed amendment has been completed; or the Coordinator-General has evaluated an EIS for the proposed amendment and there are Coordinator-General’s conditions that relate to the proposed amendment; and an assessment of the environmental risk of the proposed amendment would be the same as the assessment in the EIS mentioned in paragraph (a) (i) or the evaluation mentioned in paragraph (a) (ii) . (sec.226A-ssec.3) Also, subsection (1) (a) , (d) , (e) , (f) , (g) and (h) does not apply to an application for a condition conversion. (sec.226A-ssec.4) Despite subsection (1) (f) , (g) and (h) , if the amendment application is for an environmental authority 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) (f) (i) to (iv) , (g) and (h) 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) (f) (v) does not apply for the amendment application. - (a) describe any development permits in effect under the Planning Act for carrying out the relevant activity for the authority; and - (b) state whether each relevant activity will, if the amendment is made, comply with the eligibility criteria for the activity; and - (c) if the application states that each relevant activity will, if the amendment is made, comply with the eligibility criteria for the activity—include a declaration that the statement is correct; and - (d) state whether the application seeks to change a condition identified in the authority as a standard condition; and - (e) if the application relates to a new relevant resource tenure for the authority that is an exploration permit or GHG permit—state whether the applicant seeks 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; and - (f) include an assessment of the likely impact of the proposed amendment on the environmental values, including— (i) a description of the environmental values likely to be affected by the proposed amendment; and (ii) details of emissions or releases likely to be generated by the proposed amendment; and (iii) a description of the risk and likely magnitude of impacts on the environmental values; and (iv) details of the management practices proposed to be implemented to prevent or minimise adverse impacts; and (v) if a PRCP schedule does not apply for each relevant activity—details of how the land the subject of the application will be rehabilitated after each relevant activity ends; and - (i) a description of the environmental values likely to be affected by the proposed amendment; and - (ii) details of emissions or releases likely to be generated by the proposed amendment; and - (iii) a description of the risk and likely magnitude of impacts on the environmental values; and - (iv) details of the management practices proposed to be implemented to prevent or minimise adverse impacts; and - (v) if a PRCP schedule does not apply for each relevant activity—details of how the land the subject of the application will be rehabilitated after each relevant activity ends; and - (g) include a description of the proposed measures for minimising and managing waste generated by amendments to the relevant activity; and - (h) include details of any site management plan or environmental enforcement order issued under section 362 (1) that relates to the land the subject of the application. - (i) a description of the environmental values likely to be affected by the proposed amendment; and - (ii) details of emissions or releases likely to be generated by the proposed amendment; and - (iii) a description of the risk and likely magnitude of impacts on the environmental values; and - (iv) details of the management practices proposed to be implemented to prevent or minimise adverse impacts; and - (v) if a PRCP schedule does not apply for each relevant activity—details of how the land the subject of the application will be rehabilitated after each relevant activity ends; and - (a) either— (i) the process under chapter 3 for an EIS for the proposed amendment has been completed; or (ii) the Coordinator-General has evaluated an EIS for the proposed amendment and there are Coordinator-General’s conditions that relate to the proposed amendment; and - (i) the process under chapter 3 for an EIS for the proposed amendment has been completed; or - (ii) the Coordinator-General has evaluated an EIS for the proposed amendment and there are Coordinator-General’s conditions that relate to the proposed amendment; and - (b) an assessment of the environmental risk of the proposed amendment would be the same as the assessment in the EIS mentioned in paragraph (a) (i) or the evaluation mentioned in paragraph (a) (ii) . - (i) the process under chapter 3 for an EIS for the proposed amendment has been completed; or - (ii) the Coordinator-General has evaluated an EIS for the proposed amendment and there are Coordinator-General’s conditions that relate to the proposed amendment; and - (a) it need only include the matters mentioned in subsection (1) (f) (i) to (iv) , (g) and (h) 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) (f) (v) does not apply for the amendment application.