Mineral and Energy Resources (Financial Provisioning) Act 2018
sec.26Application of subdivision
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sec.26 Application of subdivision
This subdivision applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than the following amount (the prescribed ERC amount )— the amount, of more than $100,000, prescribed by regulation for this subparagraph; if no amount is prescribed under subparagraph (i) —$10m. Also, this subdivision applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and the scheme manager gives the holder an election notice for the authority. If the administering authority makes more than 1 decision under the Environmental Protection Act 1994 , section 300 in relation to an authority— subsection (1) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount; and subsection (2) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount. However, subsection (1) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount if— before the decision is made, the scheme manager had given the holder an election notice for the authority; and immediately before the decision is made, the election notice is in effect. Also, subsection (2) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount if, immediately before the decision is made, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount. A reference in subsections (3) , (4) and (5) to a decision of the administering authority includes a decision made before the commencement. s 26 amd 2024 No. 33 s 94 (sec.26-ssec.1) This subdivision applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than the following amount (the prescribed ERC amount )— the amount, of more than $100,000, prescribed by regulation for this subparagraph; if no amount is prescribed under subparagraph (i) —$10m. (sec.26-ssec.2) Also, this subdivision applies if— the administering authority decides, under the Environmental Protection Act 1994 , section 300 , the estimated rehabilitation cost for an authority; and the estimated rehabilitation cost decided by the administering authority is equal to or more than $100,000 but less than the prescribed ERC amount; and the scheme manager gives the holder an election notice for the authority. (sec.26-ssec.3) If the administering authority makes more than 1 decision under the Environmental Protection Act 1994 , section 300 in relation to an authority— subsection (1) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount; and subsection (2) applies only in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount. (sec.26-ssec.4) However, subsection (1) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than the prescribed ERC amount if— before the decision is made, the scheme manager had given the holder an election notice for the authority; and immediately before the decision is made, the election notice is in effect. (sec.26-ssec.5) Also, subsection (2) does not apply in relation to the first decision for which the estimated rehabilitation cost is equal to or more than $100,000 but less than the prescribed ERC amount if, immediately before the decision is made, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount. (sec.26-ssec.6) A reference in subsections (3) , (4) and (5) to a decision of the administering authority includes a decision made before the commencement.