QLDIn ForceAct
Environmental Protection Act 1994
sec.318ZICriteria for decision
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### sec.318ZI Criteria for decision
In deciding the progressive certification application, the administering authority must—
comply with any relevant regulatory requirement; and
subject to paragraph (a) , consider the following—
the standard criteria;
the progressive certification report accompanying the application;
the compliance statement for the report;
if a PRCP schedule applies for the proposed certified area—the PRC plan;
further information received in response to a request under section 318ZG (1) ;
the matters prescribed under an environmental protection policy or by regulation.
The administering authority may give the progressive certification only if the administering authority is satisfied of each of the following circumstances—
the conditions of the environmental authority have been complied with for the proposed certified area;
if the environmental authority is subject to conditions about rehabilitation and a PRCP schedule does not apply for the proposed certified area—the land on which each relevant resource project has been carried out in relation to the area has been satisfactorily rehabilitated;
if a PRCP schedule applies for the proposed certified area—the schedule has been complied with in relation to the area;
each other circumstance (if any) prescribed by regulation as a circumstance of which the administering authority must be satisfied for this section.
s 318ZI ins 2012 No. 16 s 8
amd 2018 No. 30 s 178 ; 2020 No. 26 s 76
(sec.318ZI-ssec.1) In deciding the progressive certification application, the administering authority must— comply with any relevant regulatory requirement; and subject to paragraph (a) , consider the following— the standard criteria; the progressive certification report accompanying the application; the compliance statement for the report; if a PRCP schedule applies for the proposed certified area—the PRC plan; further information received in response to a request under section 318ZG (1) ; the matters prescribed under an environmental protection policy or by regulation.
(sec.318ZI-ssec.2) The administering authority may give the progressive certification only if the administering authority is satisfied of each of the following circumstances— the conditions of the environmental authority have been complied with for the proposed certified area; if the environmental authority is subject to conditions about rehabilitation and a PRCP schedule does not apply for the proposed certified area—the land on which each relevant resource project has been carried out in relation to the area has been satisfactorily rehabilitated; if a PRCP schedule applies for the proposed certified area—the schedule has been complied with in relation to the area; each other circumstance (if any) prescribed by regulation as a circumstance of which the administering authority must be satisfied for this section.
- (a) comply with any relevant regulatory requirement; and
- (b) subject to paragraph (a) , consider the following— (i) the standard criteria; (ii) the progressive certification report accompanying the application; (iii) the compliance statement for the report; (iv) if a PRCP schedule applies for the proposed certified area—the PRC plan; (v) further information received in response to a request under section 318ZG (1) ; (vi) the matters prescribed under an environmental protection policy or by regulation.
- (i) the standard criteria;
- (ii) the progressive certification report accompanying the application;
- (iii) the compliance statement for the report;
- (iv) if a PRCP schedule applies for the proposed certified area—the PRC plan;
- (v) further information received in response to a request under section 318ZG (1) ;
- (vi) the matters prescribed under an environmental protection policy or by regulation.
- (i) the standard criteria;
- (ii) the progressive certification report accompanying the application;
- (iii) the compliance statement for the report;
- (iv) if a PRCP schedule applies for the proposed certified area—the PRC plan;
- (v) further information received in response to a request under section 318ZG (1) ;
- (vi) the matters prescribed under an environmental protection policy or by regulation.
- (a) the conditions of the environmental authority have been complied with for the proposed certified area;
- (b) if the environmental authority is subject to conditions about rehabilitation and a PRCP schedule does not apply for the proposed certified area—the land on which each relevant resource project has been carried out in relation to the area has been satisfactorily rehabilitated;
- (c) if a PRCP schedule applies for the proposed certified area—the schedule has been complied with in relation to the area;
- (d) each other circumstance (if any) prescribed by regulation as a circumstance of which the administering authority must be satisfied for this section.