QLDIn ForceAct
Environmental Protection Act 1994
sec.302Application for new ERC decision before expiry
Start here
Get a plain-English read of sec.302
Turn the raw legal text into a practical explanation grounded in Environmental Protection Act 1994.
### sec.302 Application for new ERC decision before expiry
This section applies to the holder of an environmental authority for a resource activity for which an ERC decision is in force.
The holder must apply, under section 298 , for a new ERC decision—
for an environmental authority for a petroleum activity to which a plan of operations applies—
if the day the holder gives the administering authority a plan of operations to replace the plan of operations that applies to the activity is at least 20 business days before the ERC period to which the decision relates ends—on that day; or
otherwise—at least 20 business days before the ERC period to which the decision relates ends; or
otherwise—at least 3 months before the ERC period to which the decision relates ends.
Maximum penalty—100 penalty units.
s 302 prev s 302 ins 2000 No. 64 s 6
amd 2004 No. 53 s 2 sch; 2004 No. 48 s 110
om 2012 No. 16 s 7
pres s 302 ins 2012 No. 16 s 8 (amd 2013 No. 10 s 7 (16) )
amd 2014 No. 59 s 55
sub 2018 No. 30 s 173
(sec.302-ssec.1) This section applies to the holder of an environmental authority for a resource activity for which an ERC decision is in force.
(sec.302-ssec.2) The holder must apply, under section 298 , for a new ERC decision— for an environmental authority for a petroleum activity to which a plan of operations applies— if the day the holder gives the administering authority a plan of operations to replace the plan of operations that applies to the activity is at least 20 business days before the ERC period to which the decision relates ends—on that day; or otherwise—at least 20 business days before the ERC period to which the decision relates ends; or otherwise—at least 3 months before the ERC period to which the decision relates ends. Maximum penalty—100 penalty units.
- (a) for an environmental authority for a petroleum activity to which a plan of operations applies— (i) if the day the holder gives the administering authority a plan of operations to replace the plan of operations that applies to the activity is at least 20 business days before the ERC period to which the decision relates ends—on that day; or (ii) otherwise—at least 20 business days before the ERC period to which the decision relates ends; or
- (i) if the day the holder gives the administering authority a plan of operations to replace the plan of operations that applies to the activity is at least 20 business days before the ERC period to which the decision relates ends—on that day; or
- (ii) otherwise—at least 20 business days before the ERC period to which the decision relates ends; or
- (b) otherwise—at least 3 months before the ERC period to which the decision relates ends.
- (i) if the day the holder gives the administering authority a plan of operations to replace the plan of operations that applies to the activity is at least 20 business days before the ERC period to which the decision relates ends—on that day; or
- (ii) otherwise—at least 20 business days before the ERC period to which the decision relates ends; or