QLDIn ForceAct
Environmental Protection Act 1994
sec.306Effect of amalgamation of environmental authority on ERC decision
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### sec.306 Effect of amalgamation of environmental authority on ERC decision
This section applies if—
an ERC decision is in force for a resource activity; and
the administering authority approves an application to amalgamate the environmental authority for the resource activity with another environmental authority under section 247 .
On the day the application is approved—
the ERC decision (the previous ERC decision ) for each of the environmental authorities approved for amalgamation is no longer in force; and
the administering authority is taken to have made an ERC decision under section 300 for the environmental authority issued because of the amalgamation; and
the estimated rehabilitation cost for the ERC decision mentioned in paragraph (b) is taken to be the total of the estimated rehabilitation costs under the previous ERC decisions; and
a contribution to the scheme fund paid, or surety given, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for each of the environmental authorities approved for amalgamation is taken to be a contribution to the scheme fund paid, or surety given, under that Act, for the environmental authority issued because of the amalgamation.
An ERC decision mentioned in subsection (2) (b) remains in force for a relevant activity until the day a new ERC decision is made for the activity.
The Mineral and Energy Resources (Financial Provisioning) Act 2018 , section 26 does not apply to an ERC decision mentioned in subsection (2) (b) .
s 306 prev s 306 ins 2000 No. 64 s 6
om 2012 No. 16 s 7
pres s 306 ins 2012 No. 16 s 8 (amd 2013 No. 10 s 7 (27) – (30) )
sub 2018 No. 30 s 173
amd 2020 No. 26 s 68
(sec.306-ssec.1) This section applies if— an ERC decision is in force for a resource activity; and the administering authority approves an application to amalgamate the environmental authority for the resource activity with another environmental authority under section 247 .
(sec.306-ssec.2) On the day the application is approved— the ERC decision (the previous ERC decision ) for each of the environmental authorities approved for amalgamation is no longer in force; and the administering authority is taken to have made an ERC decision under section 300 for the environmental authority issued because of the amalgamation; and the estimated rehabilitation cost for the ERC decision mentioned in paragraph (b) is taken to be the total of the estimated rehabilitation costs under the previous ERC decisions; and a contribution to the scheme fund paid, or surety given, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for each of the environmental authorities approved for amalgamation is taken to be a contribution to the scheme fund paid, or surety given, under that Act, for the environmental authority issued because of the amalgamation.
(sec.306-ssec.3) An ERC decision mentioned in subsection (2) (b) remains in force for a relevant activity until the day a new ERC decision is made for the activity.
(sec.306-ssec.4) The Mineral and Energy Resources (Financial Provisioning) Act 2018 , section 26 does not apply to an ERC decision mentioned in subsection (2) (b) .
- (a) an ERC decision is in force for a resource activity; and
- (b) the administering authority approves an application to amalgamate the environmental authority for the resource activity with another environmental authority under section 247 .
- (a) the ERC decision (the previous ERC decision ) for each of the environmental authorities approved for amalgamation is no longer in force; and
- (b) the administering authority is taken to have made an ERC decision under section 300 for the environmental authority issued because of the amalgamation; and
- (c) the estimated rehabilitation cost for the ERC decision mentioned in paragraph (b) is taken to be the total of the estimated rehabilitation costs under the previous ERC decisions; and
- (d) a contribution to the scheme fund paid, or surety given, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for each of the environmental authorities approved for amalgamation is taken to be a contribution to the scheme fund paid, or surety given, under that Act, for the environmental authority issued because of the amalgamation.