QLDIn ForceAct
Environmental Protection Act 1994
sec.331Requirements for applications generally
Start here
Get a plain-English read of sec.331
Turn the raw legal text into a practical explanation grounded in Environmental Protection Act 1994.
### sec.331 Requirements for applications generally
An application for the issue of a transitional environmental program must—
be in the approved form; and
comply with subsection (2) ; and
be accompanied by the fee prescribed by regulation.
For subsection (1) (b) , the application must, for the activity to which the application relates—
state the objectives that will be achieved and maintained under the program for the activity; and
state particular actions required to achieve the objectives, and the day by which each action will be carried out, taking into account—
the best practice environmental management for the activity; and
the risks of environmental harm being caused by the activity; and
state how any environmental harm that may be caused by the activity will be prevented or minimised, including any interim measures that are to be implemented; and
if the activity is to transition to an environmental standard, state—
details of the standard; and
how the activity is to transition to the standard before the program ends; and
if the activity is to transition to comply with a condition of an environmental authority, a development condition or a prescribed condition for carrying out a small scale mining activity, state—
details of the condition and how the activity does not comply with it; and
how compliance with the condition will be achieved before the program ends; and
state the period over which the program is to be carried out; and
state appropriate performance indicators at intervals of not more than 6 months; and
provide for monitoring and reporting on compliance with the program.
s 331 amd 1997 No. 7 s 8 ; 2007 No. 56 s 6 sch
sub 2011 No. 6 s 71
amd 2012 No. 16 s 13 (amd 2013 No. 10 s 9 ); 2014 No. 59 s 64
sub 2023 No. 6 s 61
(sec.331-ssec.1) An application for the issue of a transitional environmental program must— be in the approved form; and comply with subsection (2) ; and be accompanied by the fee prescribed by regulation.
(sec.331-ssec.2) For subsection (1) (b) , the application must, for the activity to which the application relates— state the objectives that will be achieved and maintained under the program for the activity; and state particular actions required to achieve the objectives, and the day by which each action will be carried out, taking into account— the best practice environmental management for the activity; and the risks of environmental harm being caused by the activity; and state how any environmental harm that may be caused by the activity will be prevented or minimised, including any interim measures that are to be implemented; and if the activity is to transition to an environmental standard, state— details of the standard; and how the activity is to transition to the standard before the program ends; and if the activity is to transition to comply with a condition of an environmental authority, a development condition or a prescribed condition for carrying out a small scale mining activity, state— details of the condition and how the activity does not comply with it; and how compliance with the condition will be achieved before the program ends; and state the period over which the program is to be carried out; and state appropriate performance indicators at intervals of not more than 6 months; and provide for monitoring and reporting on compliance with the program.
- (a) be in the approved form; and
- (b) comply with subsection (2) ; and
- (c) be accompanied by the fee prescribed by regulation.
- (a) state the objectives that will be achieved and maintained under the program for the activity; and
- (b) state particular actions required to achieve the objectives, and the day by which each action will be carried out, taking into account— (i) the best practice environmental management for the activity; and (ii) the risks of environmental harm being caused by the activity; and
- (i) the best practice environmental management for the activity; and
- (ii) the risks of environmental harm being caused by the activity; and
- (c) state how any environmental harm that may be caused by the activity will be prevented or minimised, including any interim measures that are to be implemented; and
- (d) if the activity is to transition to an environmental standard, state— (i) details of the standard; and (ii) how the activity is to transition to the standard before the program ends; and
- (i) details of the standard; and
- (ii) how the activity is to transition to the standard before the program ends; and
- (e) if the activity is to transition to comply with a condition of an environmental authority, a development condition or a prescribed condition for carrying out a small scale mining activity, state— (i) details of the condition and how the activity does not comply with it; and (ii) how compliance with the condition will be achieved before the program ends; and
- (i) details of the condition and how the activity does not comply with it; and
- (ii) how compliance with the condition will be achieved before the program ends; and
- (f) state the period over which the program is to be carried out; and
- (g) state appropriate performance indicators at intervals of not more than 6 months; and
- (h) provide for monitoring and reporting on compliance with the program.
- (i) the best practice environmental management for the activity; and
- (ii) the risks of environmental harm being caused by the activity; and
- (i) details of the standard; and
- (ii) how the activity is to transition to the standard before the program ends; and
- (i) details of the condition and how the activity does not comply with it; and
- (ii) how compliance with the condition will be achieved before the program ends; and