QLDIn ForceAct
Environmental Protection Act 1994
sec.304When holder must re-apply for ERC decision
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### sec.304 When holder must re-apply for ERC decision
This section applies in relation to the holder of an environmental authority for a resource activity if—
there is an increase in the likely maximum amount of disturbance to the environment as a result of the holder carrying out the resource activity; or
there is a change relating to the carrying out of the resource activity that may result in an increase in the estimated rehabilitation cost for the activity; or
the holder’s annual return given under section 316IA states there has been a change to the carrying out of the activity that may affect the estimated rehabilitation cost; or
the administering authority approves an application to amalgamate the environmental authority with another environmental authority under section 247 .
The holder must re-apply, under section 298 , for an ERC decision for the resource activity—
if subsection (1) (a) or (b) applies—within 10 business days after the holder becomes aware of the increase or change; or
if subsection (1) (c) applies—within 10 business days after the holder gives the annual return to the administering authority; or
if subsection (1) (d) applies—within 10 business days after the administering authority amalgamates the environmental authorities under section 248 .
Maximum penalty—100 penalty units.
s 304 prev s 304 ins 2000 No. 64 s 6
amd 2004 No. 53 s 2 sch
om 2012 No. 16 s 7
pres s 304 ins 2012 No. 16 s 8 (amd 2013 No. 10 s 7 (18) – (23) )
sub 2018 No. 30 s 173
amd 2020 No. 26 s 67
(sec.304-ssec.1) This section applies in relation to the holder of an environmental authority for a resource activity if— there is an increase in the likely maximum amount of disturbance to the environment as a result of the holder carrying out the resource activity; or there is a change relating to the carrying out of the resource activity that may result in an increase in the estimated rehabilitation cost for the activity; or the holder’s annual return given under section 316IA states there has been a change to the carrying out of the activity that may affect the estimated rehabilitation cost; or the administering authority approves an application to amalgamate the environmental authority with another environmental authority under section 247 .
(sec.304-ssec.2) The holder must re-apply, under section 298 , for an ERC decision for the resource activity— if subsection (1) (a) or (b) applies—within 10 business days after the holder becomes aware of the increase or change; or if subsection (1) (c) applies—within 10 business days after the holder gives the annual return to the administering authority; or if subsection (1) (d) applies—within 10 business days after the administering authority amalgamates the environmental authorities under section 248 . Maximum penalty—100 penalty units.
- (a) there is an increase in the likely maximum amount of disturbance to the environment as a result of the holder carrying out the resource activity; or
- (b) there is a change relating to the carrying out of the resource activity that may result in an increase in the estimated rehabilitation cost for the activity; or
- (c) the holder’s annual return given under section 316IA states there has been a change to the carrying out of the activity that may affect the estimated rehabilitation cost; or
- (d) the administering authority approves an application to amalgamate the environmental authority with another environmental authority under section 247 .
- (a) if subsection (1) (a) or (b) applies—within 10 business days after the holder becomes aware of the increase or change; or
- (b) if subsection (1) (c) applies—within 10 business days after the holder gives the annual return to the administering authority; or
- (c) if subsection (1) (d) applies—within 10 business days after the administering authority amalgamates the environmental authorities under section 248 .