QLDIn ForceAct
Environmental Protection Act 1994
sec.258Notice by administering authority to make surrender application
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### sec.258 Notice by administering authority to make surrender application
This section applies for an environmental authority for—
a mining activity; or
a petroleum activity; or
a geothermal activity.
The administering authority may, by written notice (a surrender notice ), require the holder of the environmental authority to make a surrender application if—
a relevant tenure for the authority is cancelled; or
a relevant tenure for the authority is, according to its provisions, to end other than by cancellation; or
if the authority is for a petroleum activity—the area of a relevant tenure for the authority is reduced under a requirement of noncompliance action taken under resource legislation; or
part of the area of a relevant tenure for the authority is relinquished, other than under a requirement of noncompliance action taken under resource legislation; or
part of the area of a relevant tenure for the authority is surrendered.
The surrender notice must—
state the period of at least 30 business days within which the surrender application must be made; and
be accompanied by, or include, an information notice about the authority’s decisions to require the surrender application and to fix the stated period.
A surrender application under subsection (2) must be for the environmental authority to the extent it relates to the relevant tenure cancelled, expired or affected by a relinquishment, reduction in area or partial surrender.
s 258 ins 2000 No. 64 s 6
sub 2012 No. 16 ss 7 – 8
(sec.258-ssec.1) This section applies for an environmental authority for— a mining activity; or a petroleum activity; or a geothermal activity.
(sec.258-ssec.2) The administering authority may, by written notice (a surrender notice ), require the holder of the environmental authority to make a surrender application if— a relevant tenure for the authority is cancelled; or a relevant tenure for the authority is, according to its provisions, to end other than by cancellation; or if the authority is for a petroleum activity—the area of a relevant tenure for the authority is reduced under a requirement of noncompliance action taken under resource legislation; or part of the area of a relevant tenure for the authority is relinquished, other than under a requirement of noncompliance action taken under resource legislation; or part of the area of a relevant tenure for the authority is surrendered.
(sec.258-ssec.3) The surrender notice must— state the period of at least 30 business days within which the surrender application must be made; and be accompanied by, or include, an information notice about the authority’s decisions to require the surrender application and to fix the stated period.
(sec.258-ssec.4) A surrender application under subsection (2) must be for the environmental authority to the extent it relates to the relevant tenure cancelled, expired or affected by a relinquishment, reduction in area or partial surrender.
- (a) a mining activity; or
- (b) a petroleum activity; or
- (c) a geothermal activity.
- (a) a relevant tenure for the authority is cancelled; or
- (b) a relevant tenure for the authority is, according to its provisions, to end other than by cancellation; or
- (c) if the authority is for a petroleum activity—the area of a relevant tenure for the authority is reduced under a requirement of noncompliance action taken under resource legislation; or
- (d) part of the area of a relevant tenure for the authority is relinquished, other than under a requirement of noncompliance action taken under resource legislation; or
- (e) part of the area of a relevant tenure for the authority is surrendered.
- (a) state the period of at least 30 business days within which the surrender application must be made; and
- (b) be accompanied by, or include, an information notice about the authority’s decisions to require the surrender application and to fix the stated period.