100Conditions of approvals generally

#### 100 Conditions of approvals generally 100 Conditions of approvals generally > > (1) An approval is subject to such conditions as the Minister may from time to time impose— > > > > > (a) which must include such conditions as are required to be imposed on the approval by this Act or by any relevant management plan, and > > > > > (b) which may include such other conditions, such as— > > > > > > > (i) conditions to give effect to any agreement between an applicant and objector under section 93 (5), and > > > > > > > (ii) conditions relating to the protection of the environment, > > > > > > as the Minister thinks fit (discretionary conditions). > > > (1AA) An approval is subject to any mandatory conditions imposed by this Act or the regulations. > > > (1A) Mandatory conditions (other than conditions imposed by the regulations) do not have effect in relation to an approval unless they are included in the terms of the approval. > > > (2) A mandatory condition prevails over a discretionary condition to the extent of any inconsistency between them. > > > (3) Without limiting the types of conditions relating to the protection of the environment that the Minister may impose under this section on a water management work approval, those conditions may include conditions relating to any or all of the following matters— > > > > > (a) the undertaking of an investigation of the environmental impact of cold water releases and the options for mitigation of that impact, > > > > > (b) the preparation of a program to mitigate the impact of cold water releases and the obtaining of approval to the program from the Minister, > > > > > (c) the implementation of the program, > > > > > (d) the monitoring and reporting on actions taken to implement the program and the impact of those actions on the environment, > > > > > (e) the carrying out of new works or the making of alterations to existing works, or both, > > > > > (f) the method of operation of water management works. > > > (4) In this section, mandatory condition means a condition referred to in subsection (1) (a) or (1AA) or imposed under section 101A. > > Note. > > If a management plan or Minister’s plan is replaced or amended during the term of an approval, the mandatory conditions applying to the approval may vary. > > **s 100:** Am 2002 No 138, Sch 3 \[6\]; 2005 No 118, Sch 1 \[37\]; 2008 No 73, Sch 4 \[8\]; 2018 No 31, Sch 1 \[48\]–\[51\].