sec.269Restrictions on giving approval

### 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.