QLDIn ForceAct
Environmental Protection Act 1994
sec.262Requirements for surrender application
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### sec.262 Requirements for surrender application
A surrender application must—
be in the approved form; and
be supported by enough information to allow the administering authority to decide the application; and
if the relevant activity was not carried out—be accompanied by a declaration stating that the activity was not carried out; and
if the relevant activity was carried out—be accompanied by—
if the environmental authority contains conditions about rehabilitation and a PRCP schedule does not apply for the relevant activity—a final rehabilitation report for the authority that complies with section 264 ; and
if the environmental authority is for a resource activity, whether or not a PRCP schedule applies for the activity—a post-surrender management report for land the subject of the application that complies with section 264A ; and
a compliance statement for the environmental authority and, if a PRCP schedule applies for the relevant activity, the PRCP schedule and the conditions imposed on the schedule; and
the fee prescribed by regulation.
The compliance statement must—
be made by or for the environmental authority holder; and
state the following—
the extent to which relevant activities carried out under the environmental authority have complied with the conditions of the authority;
if a final rehabilitation report is required for the application—the extent to which the report is accurate;
if a post-surrender management report is required for the application—the extent to which the report is accurate; and
if a PRCP schedule applies for the relevant activities—state the following—
whether the rehabilitation milestones and management milestones under the schedule have been met;
the extent to which conditions imposed on the schedule have been complied with.
s 262 ins 2000 No. 64 s 6
amd 2004 No. 48 s 103
sub 2012 No. 16 ss 7 – 8
amd 2018 No. 30 s 161 ; 2020 No. 26 s 53
(sec.262-ssec.1) A surrender application must— be in the approved form; and be supported by enough information to allow the administering authority to decide the application; and if the relevant activity was not carried out—be accompanied by a declaration stating that the activity was not carried out; and if the relevant activity was carried out—be accompanied by— if the environmental authority contains conditions about rehabilitation and a PRCP schedule does not apply for the relevant activity—a final rehabilitation report for the authority that complies with section 264 ; and if the environmental authority is for a resource activity, whether or not a PRCP schedule applies for the activity—a post-surrender management report for land the subject of the application that complies with section 264A ; and a compliance statement for the environmental authority and, if a PRCP schedule applies for the relevant activity, the PRCP schedule and the conditions imposed on the schedule; and the fee prescribed by regulation.
(sec.262-ssec.2) The compliance statement must— be made by or for the environmental authority holder; and state the following— the extent to which relevant activities carried out under the environmental authority have complied with the conditions of the authority; if a final rehabilitation report is required for the application—the extent to which the report is accurate; if a post-surrender management report is required for the application—the extent to which the report is accurate; and if a PRCP schedule applies for the relevant activities—state the following— whether the rehabilitation milestones and management milestones under the schedule have been met; the extent to which conditions imposed on the schedule have been complied with.
- (a) be in the approved form; and
- (b) be supported by enough information to allow the administering authority to decide the application; and
- (c) if the relevant activity was not carried out—be accompanied by a declaration stating that the activity was not carried out; and
- (d) if the relevant activity was carried out—be accompanied by— (i) if the environmental authority contains conditions about rehabilitation and a PRCP schedule does not apply for the relevant activity—a final rehabilitation report for the authority that complies with section 264 ; and (ii) if the environmental authority is for a resource activity, whether or not a PRCP schedule applies for the activity—a post-surrender management report for land the subject of the application that complies with section 264A ; and (iii) a compliance statement for the environmental authority and, if a PRCP schedule applies for the relevant activity, the PRCP schedule and the conditions imposed on the schedule; and (iv) the fee prescribed by regulation.
- (i) if the environmental authority contains conditions about rehabilitation and a PRCP schedule does not apply for the relevant activity—a final rehabilitation report for the authority that complies with section 264 ; and
- (ii) if the environmental authority is for a resource activity, whether or not a PRCP schedule applies for the activity—a post-surrender management report for land the subject of the application that complies with section 264A ; and
- (iii) a compliance statement for the environmental authority and, if a PRCP schedule applies for the relevant activity, the PRCP schedule and the conditions imposed on the schedule; and
- (iv) the fee prescribed by regulation.
- (i) if the environmental authority contains conditions about rehabilitation and a PRCP schedule does not apply for the relevant activity—a final rehabilitation report for the authority that complies with section 264 ; and
- (ii) if the environmental authority is for a resource activity, whether or not a PRCP schedule applies for the activity—a post-surrender management report for land the subject of the application that complies with section 264A ; and
- (iii) a compliance statement for the environmental authority and, if a PRCP schedule applies for the relevant activity, the PRCP schedule and the conditions imposed on the schedule; and
- (iv) the fee prescribed by regulation.
- (a) be made by or for the environmental authority holder; and
- (b) state the following— (i) the extent to which relevant activities carried out under the environmental authority have complied with the conditions of the authority; (ii) if a final rehabilitation report is required for the application—the extent to which the report is accurate; (iii) if a post-surrender management report is required for the application—the extent to which the report is accurate; and
- (i) the extent to which relevant activities carried out under the environmental authority have complied with the conditions of the authority;
- (ii) if a final rehabilitation report is required for the application—the extent to which the report is accurate;
- (iii) if a post-surrender management report is required for the application—the extent to which the report is accurate; and
- (c) if a PRCP schedule applies for the relevant activities—state the following— (i) whether the rehabilitation milestones and management milestones under the schedule have been met; (ii) the extent to which conditions imposed on the schedule have been complied with.
- (i) whether the rehabilitation milestones and management milestones under the schedule have been met;
- (ii) the extent to which conditions imposed on the schedule have been complied with.
- (i) the extent to which relevant activities carried out under the environmental authority have complied with the conditions of the authority;
- (ii) if a final rehabilitation report is required for the application—the extent to which the report is accurate;
- (iii) if a post-surrender management report is required for the application—the extent to which the report is accurate; and
- (i) whether the rehabilitation milestones and management milestones under the schedule have been met;
- (ii) the extent to which conditions imposed on the schedule have been complied with.