QLDIn ForceAct
Environmental Protection Act 1994
sec.755BApplication of notification stage
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### sec.755B Application of notification stage
This section applies if either of the following matters is satisfied in relation to land the subject of a proposed PRCP schedule—
the outcome for land under a land outcome document is the same as, or substantially similar to, the post-mining land use or non-use management area stated for the area under the proposed PRCP schedule; or
for an area of land stated in a land outcome document that could be a proposed non-use management area under the PRCP schedule—the schedule proposes a post-mining land use for all or part of the land.
A residual void or pit authorised under an environmental authority may constitute the outcome for the land on which the void or pit is located, even though the environmental authority or any other land outcome document does not expressly state anything about the outcome for the land, other than authorising the void or pit.
The notification stage under chapter 5, part 4 does not apply for the assessment of the proposed PRCP schedule under section 755(2), to the extent of the matter.
If the notification stage under chapter 5, part 4 applies for the assessment process because the outcome for land under a land outcome document is different to the outcome for the land under the proposed PRCP schedule, a submission under section 160 may relate only to the difference in outcome for the area.
For applying subsection (2), if there is an inconsistency in land outcome documents for land, the document appearing first in the list mentioned in section 750, definition land outcome document prevails to the extent of the inconsistency.
s 755B ins 2018 No 30 s 203
(sec.755B-ssec.1) This section applies if either of the following matters is satisfied in relation to land the subject of a proposed PRCP schedule— the outcome for land under a land outcome document is the same as, or substantially similar to, the post-mining land use or non-use management area stated for the area under the proposed PRCP schedule; or for an area of land stated in a land outcome document that could be a proposed non-use management area under the PRCP schedule—the schedule proposes a post-mining land use for all or part of the land. A residual void or pit authorised under an environmental authority may constitute the outcome for the land on which the void or pit is located, even though the environmental authority or any other land outcome document does not expressly state anything about the outcome for the land, other than authorising the void or pit.
(sec.755B-ssec.2) The notification stage under chapter 5, part 4 does not apply for the assessment of the proposed PRCP schedule under section 755(2), to the extent of the matter.
(sec.755B-ssec.3) If the notification stage under chapter 5, part 4 applies for the assessment process because the outcome for land under a land outcome document is different to the outcome for the land under the proposed PRCP schedule, a submission under section 160 may relate only to the difference in outcome for the area.
(sec.755B-ssec.4) For applying subsection (2), if there is an inconsistency in land outcome documents for land, the document appearing first in the list mentioned in section 750, definition land outcome document prevails to the extent of the inconsistency.
- (a) the outcome for land under a land outcome document is the same as, or substantially similar to, the post-mining land use or non-use management area stated for the area under the proposed PRCP schedule; or
- (b) for an area of land stated in a land outcome document that could be a proposed non-use management area under the PRCP schedule—the schedule proposes a post-mining land use for all or part of the land.