8Application of Environmental Legislation, &c., to ABM Project

8 Application of Environmental Legislation, &c., to ABM Project

[Section 8 Amended by No. 33 of 2023, s. 15, Applied:27 Nov 2023] The EMPCA, the Land Use Planning and Approvals Act 1993 , the Tasmanian Civil and Administrative Tribunal Act 2020 and any other Environmental Legislation is to apply and to be applied to the Project on the basis that–

(a) ABM is not responsible, and is not to be held responsible, for any contamination, pollutant or pollution on, beneath or emanating from the Leased Land which has been caused or introduced to the Leased Land by Past Operations; and

(b) ABM is not responsible, and is not to be held responsible, for any contamination, pollutant or pollution on, above, beneath or emanating from the Leased Land which is or has been caused or introduced to the Leased Land on or after the commencement of the Agreement by PMI or the Crown or any person performing work for PMI or the Crown; and

(c) a term, condition or restriction imposed in any Authorisation given to ABM in relation to the Project must not require ABM to meet measurable environmental standards in respect of water quality, soil contamination or any other criterion which may be affected by contamination or pollution caused or introduced to the Leased Land before the commencement of the Agreement, but should impose management requirements which are based on the principles in paragraph (a) , Best Practice Environmental Management and the principles in clause 5 of the Agreement .