QLDIn ForceAct
Environmental Protection Act 1994
sec.305Current decision continues in force if application made but not decided before ERC period ends
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### sec.305 Current decision continues in force if application made but not decided before ERC period ends
This section applies if—
a current decision is in force in relation to a resource activity; and
an application for a new ERC decision is made under section 298 but has not been decided before the ERC period for the current decision ends.
The current decision remains in force until the day the application for the new ERC decision is decided.
The ERC period for the current decision is taken to end when the new ERC decision is made.
In this section—
current decision , for the holder of an environmental authority for a resource activity, means the ERC decision in force when the holder applies for a new ERC decision under this subdivision.
s 305 prev s 305 ins 2000 No. 64 s 6
amd 2001 No. 46 ss 22 , 3 (2) sch; 2007 No. 56 s 6 sch; 2011 No. 3 s 7
om 2012 No. 16 s 7
pres s 305 ins 2012 No. 16 s 8 (amd 2013 No. 10 s 7 (24) – (26) )
sub 2018 No. 30 s 173 ; 2023 No. 6 s 51
(sec.305-ssec.1) This section applies if— a current decision is in force in relation to a resource activity; and an application for a new ERC decision is made under section 298 but has not been decided before the ERC period for the current decision ends.
(sec.305-ssec.2) The current decision remains in force until the day the application for the new ERC decision is decided.
(sec.305-ssec.3) The ERC period for the current decision is taken to end when the new ERC decision is made.
(sec.305-ssec.4) In this section— current decision , for the holder of an environmental authority for a resource activity, means the ERC decision in force when the holder applies for a new ERC decision under this subdivision.
- (a) a current decision is in force in relation to a resource activity; and
- (b) an application for a new ERC decision is made under section 298 but has not been decided before the ERC period for the current decision ends.