QLDIn ForceAct
Environmental Protection Act 1994
sec.346Effect of compliance with program
Start here
Get a plain-English read of sec.346
Turn the raw legal text into a practical explanation grounded in Environmental Protection Act 1994.
### sec.346 Effect of compliance with program
This section applies if a transitional environmental program authorises the holder to do, or not to do, something under the program.
The holder, or a person acting under the program may do, or not do, the thing under the program despite anything in—
a regulation; or
an environmental protection policy; or
an environmental authority held by the holder; or
a development condition of a development approval; or
a prescribed condition for carrying out a small scale mining activity; or
an agricultural ERA standard.
Without limiting subsection (2) , the doing, or not doing, of the thing under the program is not a contravention of—
a regulation; or
an environmental protection policy; or
a condition of an environmental authority held by the holder; or
a development condition of a development approval; or
a prescribed condition for carrying out a small scale mining activity; or
an agricultural ERA standard.
s 346 amd 1998 No. 13 s 51 ; 2000 No. 64 s 16 ; 2002 No. 45 s 18 ; 2003 No. 95 s 23 ; 2007 No. 56 s 19 ; 2009 No. 42 s 8 ; 2012 No. 16 s 23 (amd 2013 No. 10 s 11 ); 2019 No. 28 s 39 sch 1 ; 2023 No. 6 s 145 sch 1
(sec.346-ssec.1) This section applies if a transitional environmental program authorises the holder to do, or not to do, something under the program.
(sec.346-ssec.2) The holder, or a person acting under the program may do, or not do, the thing under the program despite anything in— a regulation; or an environmental protection policy; or an environmental authority held by the holder; or a development condition of a development approval; or a prescribed condition for carrying out a small scale mining activity; or an agricultural ERA standard.
(sec.346-ssec.3) Without limiting subsection (2) , the doing, or not doing, of the thing under the program is not a contravention of— a regulation; or an environmental protection policy; or a condition of an environmental authority held by the holder; or a development condition of a development approval; or a prescribed condition for carrying out a small scale mining activity; or an agricultural ERA standard.
- (a) a regulation; or
- (b) an environmental protection policy; or
- (c) an environmental authority held by the holder; or
- (d) a development condition of a development approval; or
- (e) a prescribed condition for carrying out a small scale mining activity; or
- (f) an agricultural ERA standard.
- (a) a regulation; or
- (b) an environmental protection policy; or
- (c) a condition of an environmental authority held by the holder; or
- (d) a development condition of a development approval; or
- (e) a prescribed condition for carrying out a small scale mining activity; or
- (f) an agricultural ERA standard.