retrieval-0008Document excerpt 8

Page 74 Authorised by the Parliamentary Counsel [s 61] Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025 Part 2 Amendment of Environmental Protection Act 1994 omit, insert— general ERA (2) Section 115— insert— (1A) However, this section does not apply in relation to a material change of use of premises for a general ERA that is a code-managed ERA if the applicant states in the development application that the applicant intends to carry out the code-managed ERA under the relevant ERA code. (3) Section 115(1A) to (5)— renumber as section 115(2) to (6). (4) Section 115— insert— (7) Also, if the general ERA is a code-managed ERA— (a) the applicant may give the administering authority written notice that the applicant intends to carry out the code-managed ERA under the relevant ERA code; and (b) if the applicant gives a written notice under paragraph (a), the application for an environmental authority for the general ERA under subsection (3)— (i) is taken to have been withdrawn; or (ii) for an application for an environmental authority for the general ERA under subsection (3) relating to a code-managed ERA the subject of a notice under paragraph (a) and other general ERAs—is taken to have been withdrawn to the extent the application relates to the code-managed ERA the subject of the notice. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Page 75 Authorised by the Parliamentary Counsel [s 62] Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025 Part 2 Amendment of Environmental Protection Act 1994 Note— See— (a) chapter 6, part 1 for the requirement to be registered under that part if a regulation made under section 20 declares that a person carrying out the code-managed ERA under the relevant ERA code must be registered; and (b) section 435A for the requirement to comply with the relevant ERA code when carrying out the code-managed ERA other than under an environmental authority. 62 Amendment of s 118 (Single application required for ERA projects) (1) Section 118(2), after ‘all’— insert— the environmentally (2) Section 118— insert— (3) Subsection (2) does not apply to an environmentally relevant activity that is a code-managed ERA if the person— (a) for a code-managed ERA that may be carried out under the relevant ERA code only by a person who is registered under chapter 6, part 1—is registered under chapter 6, part 1 in relation to the code-managed ERA; or (b) for another code-managed ERA—has given the administering authority a written notice stating the person intends to carry out the code-managed ERA under the relevant ERA code. 1 2 3 4 5 6 7 8 9 10 11 12 Clause 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

Page 76 Authorised by the Parliamentary Counsel [s 63] Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Bill 2025 Part 2 Amendment of Environmental Protection Act 1994 Note— See section 435A for the requirement to comply with the relevant ERA code when carrying out a code-managed ERA other than under an environmental authority. 63 Amendment of s 119 (Single environmental authority required for ERA projects) (1) Section 119(3), ‘resource activity’— omit, insert— resource ERA (2) Section 119— insert— (5) Also, this section does not prevent the holder from carrying out a code-managed ERA as part of the project if the holder— (a) for a code-managed ERA that may be carried out under the relevant ERA code only by a person who is registered under chapter 6, part 1—is registered under chapter 6, part 1 in relation to the code-managed ERA; or (b) for another code-managed ERA—has given the administering authority a written notice stating the holder intends to carry out the code-managed ERA under the relevant ERA code. Note— See section 435A for the requirement to comply with the relevant ERA code when carrying out a code-managed ERA other than under an environmental authority. 1 2 3 4 5 Clause 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31