18Immunity from proceedings

18 Immunity from proceedings

(1)  An approved person does not incur any liability under the Environmental Management and Pollution Control Act 1994 by virtue of returning acid drainage that has been processed to remove metals and minerals to the environment.

(2)  Nothing in this section relieves an approved person from an obligation to comply with –

(a) a condition of a planning permit imposed under the Land Use Planning and Approvals Act 1993 pursuant to a direction by the Board; or

(b) an environment protection notice issued under the Environmental Management and Pollution Control Act 1994 .

(3)  [Section 18 Subsection (3) amended by No. 76 of 2007, Sched. 1, Applied:01 Jul 2008] In determining the conditions or requirements to be imposed on the conduct of a pollution-reducing activity, the Board, the relevant council or the Director, Environment Protection Authority, as the case may be, is not bound by the State Policy on Water Quality Management established under the State Policies and Projects Act 1993 , but must have regard to the following principles:

(a) the pollution-reducing activity must result in a significant net reduction in the environmental impact of, and risks posed by, acid drainage;

(b) any limits set on the level of pollutants in the discharge of acid drainage after it has been treated or processed must be set with regard to paragraph (a) and the levels of pollutants in the acid drainage before it enters a processing plant;

(c) any emissions of air pollutants or noise and the disposal of solid wastes are to be regulated in accordance with any relevant Government policies.

(4)  A lessee of the leased land incurs no civil liability to or in respect of an approved person by reason only of a change in the quality or quantity of acid drainage produced in the course of its normal mining operations.