QLDIn ForceAct
Environmental Protection Act 1994
sec.269Restrictions on giving approval
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### sec.269 Restrictions on giving approval
The administering authority may only approve a surrender application if—
the authority is satisfied the conditions of the environmental authority have been complied with; and
if the environmental authority is subject to conditions requiring rehabilitation, and a PRCP schedule does not apply for a relevant activity under the environmental authority—
the authority is satisfied the land on which each relevant activity for the environmental authority has been carried out has been satisfactorily rehabilitated; or
the authority has issued a transitional environmental program and it is satisfied the land will be satisfactorily rehabilitated under the program; and
if a PRCP schedule applies for carrying out a relevant activity under the environmental authority—the administering authority is satisfied the rehabilitation milestones and management milestones under the schedule have been met; and
if a regulation has prescribed another circumstance for this section—the administering authority is satisfied of the circumstance.
Despite subsection (1) (b) , the administering authority may approve a surrender application for an environmental authority that relates to land in an overlapping area if—
the administering authority is satisfied compliance with a rehabilitation condition of the environmental authority, or a PRCP schedule, is impossible or impractical due to the carrying out of an overlapping prescribed resource activity in the area; and
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 269 ins 2000 No. 64 s 6
sub 2005 No. 53 s 72
sub 2012 No. 16 ss 7 – 8
amd 2014 No. 47 s 254 ; 2018 No. 30 s 166 ; 2023 No. 6 s 145 sch 1
(sec.269-ssec.1) The administering authority may only approve a surrender application if— the authority is satisfied the conditions of the environmental authority have been complied with; and if the environmental authority is subject to conditions requiring rehabilitation, and a PRCP schedule does not apply for a relevant activity under the environmental authority— the authority is satisfied the land on which each relevant activity for the environmental authority has been carried out has been satisfactorily rehabilitated; or the authority has issued a transitional environmental program and it is satisfied the land will be satisfactorily rehabilitated under the program; and if a PRCP schedule applies for carrying out a relevant activity under the environmental authority—the administering authority is satisfied the rehabilitation milestones and management milestones under the schedule have been met; and if a regulation has prescribed another circumstance for this section—the administering authority is satisfied of the circumstance.
(sec.269-ssec.2) Despite subsection (1) (b) , the administering authority may approve a surrender application for an environmental authority that relates to land in an overlapping area if— the administering authority is satisfied compliance with a rehabilitation condition of the environmental authority, or a PRCP schedule, is impossible or impractical due to the carrying out of an overlapping prescribed resource activity in the area; and 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 authority is satisfied the conditions of the environmental authority have been complied with; and
- (b) if the environmental authority is subject to conditions requiring rehabilitation, and a PRCP schedule does not apply for a relevant activity under the environmental authority— (i) the authority is satisfied the land on which each relevant activity for the environmental authority has been carried out has been satisfactorily rehabilitated; or (ii) the authority has issued a transitional environmental program and it is satisfied the land will be satisfactorily rehabilitated under the program; and
- (i) the authority is satisfied the land on which each relevant activity for the environmental authority has been carried out has been satisfactorily rehabilitated; or
- (ii) the authority has issued a transitional environmental program and it is satisfied the land will be satisfactorily rehabilitated under the program; and
- (c) if a PRCP schedule applies for carrying out a relevant activity under the environmental authority—the administering authority is satisfied the rehabilitation milestones and management milestones under the schedule have been met; and
- (d) if a regulation has prescribed another circumstance for this section—the administering authority is satisfied of the circumstance.
- (i) the authority is satisfied the land on which each relevant activity for the environmental authority has been carried out has been satisfactorily rehabilitated; or
- (ii) the authority has issued a transitional environmental program and it is satisfied the land will be satisfactorily rehabilitated under the program; and
- (a) the administering authority is satisfied compliance with a rehabilitation condition of the environmental authority, or a PRCP schedule, is impossible or impractical due to the carrying out of an overlapping prescribed resource activity in the area; and
- (b) 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.