QLDIn ForceAct
Environmental Protection Act 1994
sec.298Applying for ERC decision
Start here
Get a plain-English read of sec.298
Turn the raw legal text into a practical explanation grounded in Environmental Protection Act 1994.
### sec.298 Applying for ERC decision
The holder of an environmental authority for a resource activity may apply to the administering authority for an ERC decision for the resource activity.
The application must—
be in the approved form; and
state the ERC period to which the application relates; and
state the amount the holder considers to be an estimate of the total cost, for the ERC period, of the following, worked out in compliance with the methodology decided by the chief executive—
rehabilitating the land on which the resource activity is carried out;
preventing or minimising environmental harm, or rehabilitating or restoring the environment, in relation to the resource activity; and
include the other information the administering authority considers necessary to make the ERC decision; and
include a compliance statement made by or for the holder stating the amount mentioned in paragraph (c) for the ERC period—
is worked out in compliance with the methodology mentioned in that paragraph; and
if a PRCP schedule or plan of operations applies for the resource activities—is consistent with the schedule or plan.
s 298 prev s 298 ins 2000 No. 64 s 6
amd 2002 No. 45 s 3 (2) sch; 2005 No. 53 s 79
om 2012 No. 16 s 7
pres s 298 ins 2012 No. 16 s 8 (amd 2013 No. 10 s 7 (14) – (15) )
sub 2018 No. 30 s 173
amd 2024 No. 30 s 61 sch 1
(sec.298-ssec.1) The holder of an environmental authority for a resource activity may apply to the administering authority for an ERC decision for the resource activity.
(sec.298-ssec.2) The application must— be in the approved form; and state the ERC period to which the application relates; and state the amount the holder considers to be an estimate of the total cost, for the ERC period, of the following, worked out in compliance with the methodology decided by the chief executive— rehabilitating the land on which the resource activity is carried out; preventing or minimising environmental harm, or rehabilitating or restoring the environment, in relation to the resource activity; and include the other information the administering authority considers necessary to make the ERC decision; and include a compliance statement made by or for the holder stating the amount mentioned in paragraph (c) for the ERC period— is worked out in compliance with the methodology mentioned in that paragraph; and if a PRCP schedule or plan of operations applies for the resource activities—is consistent with the schedule or plan.
- (a) be in the approved form; and
- (b) state the ERC period to which the application relates; and
- (c) state the amount the holder considers to be an estimate of the total cost, for the ERC period, of the following, worked out in compliance with the methodology decided by the chief executive— (i) rehabilitating the land on which the resource activity is carried out; (ii) preventing or minimising environmental harm, or rehabilitating or restoring the environment, in relation to the resource activity; and
- (i) rehabilitating the land on which the resource activity is carried out;
- (ii) preventing or minimising environmental harm, or rehabilitating or restoring the environment, in relation to the resource activity; and
- (d) include the other information the administering authority considers necessary to make the ERC decision; and
- (e) include a compliance statement made by or for the holder stating the amount mentioned in paragraph (c) for the ERC period— (i) is worked out in compliance with the methodology mentioned in that paragraph; and (ii) if a PRCP schedule or plan of operations applies for the resource activities—is consistent with the schedule or plan.
- (i) is worked out in compliance with the methodology mentioned in that paragraph; and
- (ii) if a PRCP schedule or plan of operations applies for the resource activities—is consistent with the schedule or plan.
- (i) rehabilitating the land on which the resource activity is carried out;
- (ii) preventing or minimising environmental harm, or rehabilitating or restoring the environment, in relation to the resource activity; and
- (i) is worked out in compliance with the methodology mentioned in that paragraph; and
- (ii) if a PRCP schedule or plan of operations applies for the resource activities—is consistent with the schedule or plan.