QLDIn ForceAct
Environmental Protection Act 1994
sec.539FEffect of stay of ERC decision
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### sec.539F Effect of stay of ERC decision
This section applies if 1 of the following decisions is stayed—
an original decision that is an ERC decision;
an original decision appealed against to the Land Court if the decision is an ERC decision that is confirmed or varied by a review decision.
Despite the stay the decision remains in effect for section 297 and the Mineral and Energy Resources (Financial Provisioning) Act 2018 .
However, if the holder of the environmental authority in relation to which the ERC decision has been made is required to give a surety under the Mineral and Energy Resources (Financial Provisioning) Act 2018 , the holder is only required, during the period of the stay, to give a surety of 75% of the amount required.
s 539F (prev s 522C) ins 2018 No. 30 s 195
amd 2020 No. 26 s 88 (1)
reloc and renum 2020 No. 26 s 88 (2)
(sec.539F-ssec.1) This section applies if 1 of the following decisions is stayed— an original decision that is an ERC decision; an original decision appealed against to the Land Court if the decision is an ERC decision that is confirmed or varied by a review decision.
(sec.539F-ssec.2) Despite the stay the decision remains in effect for section 297 and the Mineral and Energy Resources (Financial Provisioning) Act 2018 .
(sec.539F-ssec.3) However, if the holder of the environmental authority in relation to which the ERC decision has been made is required to give a surety under the Mineral and Energy Resources (Financial Provisioning) Act 2018 , the holder is only required, during the period of the stay, to give a surety of 75% of the amount required.
- (a) an original decision that is an ERC decision;
- (b) an original decision appealed against to the Land Court if the decision is an ERC decision that is confirmed or varied by a review decision.