QLDIn ForceAct
Environmental Protection Act 1994
sec.758When existing condition requiring financial assurance ends
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### sec.758 When existing condition requiring financial assurance ends
This section applies if—
before the commencement, the administering authority imposed a condition on an environmental authority for a resource activity under the pre-amended Act, section 292; and
on the commencement, the environmental authority is in force.
On the day an ERC decision is, or is taken to have been, made for the environmental authority, the condition no longer has effect.
However, if—
the administering authority has given the holder of the environmental authority a notice under the pre-amended Act, section 296 about its decision in relation to the amount and form of financial assurance required under a condition of the environmental authority; and
the holder has not complied with the condition before the commencement;
the condition continues to have effect until the financial assurance for the environmental authority has been given to the administering authority in the amount and form required by the notice.
Also, if—
the administering authority has given the holder of the environmental authority a notice about a proposed requirement to increase the amount of financial assurance under the pre-amended Act, section 306; and
the requirement has not taken effect before the commencement;
the condition continues to have effect until the increased amount of financial assurance has been given to the administering authority.
In addition, if section 760 applies for the financial assurance, the condition continues to have effect until—
the application mentioned in that section is decided; and
the amount of financial assurance under the decision has been given to the administering authority.
After the condition stops having effect for an environmental authority under this section, the administering authority may—
amend the environmental authority to remove the condition; and
issue the amended environmental authority to the holder.
s 758 ins 2018 No 30 s 203
(sec.758-ssec.1) This section applies if— before the commencement, the administering authority imposed a condition on an environmental authority for a resource activity under the pre-amended Act, section 292; and on the commencement, the environmental authority is in force.
(sec.758-ssec.2) On the day an ERC decision is, or is taken to have been, made for the environmental authority, the condition no longer has effect.
(sec.758-ssec.3) However, if— the administering authority has given the holder of the environmental authority a notice under the pre-amended Act, section 296 about its decision in relation to the amount and form of financial assurance required under a condition of the environmental authority; and the holder has not complied with the condition before the commencement; the condition continues to have effect until the financial assurance for the environmental authority has been given to the administering authority in the amount and form required by the notice.
(sec.758-ssec.3A) Also, if— the administering authority has given the holder of the environmental authority a notice about a proposed requirement to increase the amount of financial assurance under the pre-amended Act, section 306; and the requirement has not taken effect before the commencement; the condition continues to have effect until the increased amount of financial assurance has been given to the administering authority.
(sec.758-ssec.3B) In addition, if section 760 applies for the financial assurance, the condition continues to have effect until— the application mentioned in that section is decided; and the amount of financial assurance under the decision has been given to the administering authority.
(sec.758-ssec.4) After the condition stops having effect for an environmental authority under this section, the administering authority may— amend the environmental authority to remove the condition; and issue the amended environmental authority to the holder.
- (a) before the commencement, the administering authority imposed a condition on an environmental authority for a resource activity under the pre-amended Act, section 292; and
- (b) on the commencement, the environmental authority is in force.
- (a) the administering authority has given the holder of the environmental authority a notice under the pre-amended Act, section 296 about its decision in relation to the amount and form of financial assurance required under a condition of the environmental authority; and
- (b) the holder has not complied with the condition before the commencement;
- (a) the administering authority has given the holder of the environmental authority a notice about a proposed requirement to increase the amount of financial assurance under the pre-amended Act, section 306; and
- (b) the requirement has not taken effect before the commencement;
- (a) the application mentioned in that section is decided; and
- (b) the amount of financial assurance under the decision has been given to the administering authority.
- (a) amend the environmental authority to remove the condition; and
- (b) issue the amended environmental authority to the holder.