QLDIn ForceAct
Environmental Protection Act 1994
sec.268ACriteria for decision—prescribed resource activities in overlapping area
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### sec.268A Criteria for decision—prescribed resource activities in overlapping area
This section applies if—
the environmental authority the subject of the surrender application—
is for a prescribed resource activity; and
relates to land in an overlapping area; and
another prescribed resource activity (the overlapping prescribed resource activity ) is being, or is proposed to be, carried out in the overlapping area.
In deciding the surrender application, the administering authority must also consider—
the extent to which compliance with a rehabilitation condition of the environmental authority, or a PRCP schedule, is impossible or impractical due to the carrying out of the overlapping prescribed resource activity; and
whether an environmental authority or PRCP schedule for the overlapping prescribed resource activity has been amended to include a condition equivalent to the rehabilitation condition of the environmental authority to be surrendered.
s 268A ins 2014 No. 47 s 253
amd 2018 No. 30 s 165
(sec.268A-ssec.1) This section applies if— the environmental authority the subject of the surrender application— is for a prescribed resource activity; and relates to land in an overlapping area; and another prescribed resource activity (the overlapping prescribed resource activity ) is being, or is proposed to be, carried out in the overlapping area.
(sec.268A-ssec.2) In deciding the surrender application, the administering authority must also consider— the extent to which compliance with a rehabilitation condition of the environmental authority, or a PRCP schedule, is impossible or impractical due to the carrying out of the overlapping prescribed resource activity; and whether an environmental authority or PRCP schedule for the overlapping prescribed resource activity has been amended to include a condition equivalent to the rehabilitation condition of the environmental authority to be surrendered.
- (a) the environmental authority the subject of the surrender application— (i) is for a prescribed resource activity; and (ii) relates to land in an overlapping area; and
- (i) is for a prescribed resource activity; and
- (ii) relates to land in an overlapping area; and
- (b) another prescribed resource activity (the overlapping prescribed resource activity ) is being, or is proposed to be, carried out in the overlapping area.
- (i) is for a prescribed resource activity; and
- (ii) relates to land in an overlapping area; and
- (a) the extent to which compliance with a rehabilitation condition of the environmental authority, or a PRCP schedule, is impossible or impractical due to the carrying out of the overlapping prescribed resource activity; and
- (b) whether an environmental authority or PRCP schedule for the overlapping prescribed resource activity has been amended to include a condition equivalent to the rehabilitation condition of the environmental authority to be surrendered.