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ENVIRONMENTAL PROTECTION ACT 1994 - As at 11 April 2019 - Act 62 of 1994


TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTORY PROVISIONS

   1.      Short title
   2.      (Repealed)

   PART 2 - OBJECT AND ACHIEVEMENT OF ACT

   3.      Object
   4.      How object of Act is to be achieved
   5.      Obligations of persons to achieve object of Act
   6.      Community involvement in administration of Act

   PART 3 - INTERPRETATION

           Division 1 - Dictionary

   7.      Definitions—dictionary
   7A.     (Repealed)

           Division 2 - Key concepts

              Subdivision 1 - The environment and its values

   8.      Environment
   9.      Environmental value

              Subdivision 2 - Environmental contamination

   10.     Contamination
   11.     Contaminant
   12.     Noise
   13.     Waste

              Subdivision 3 - Environmental harm and nuisance

   14.     Environmental harm
   15.     Environmental nuisance
   16.     Material environmental harm
   17.     Serious environmental harm
   17A.    Exclusions

              Subdivision 4 - Environmentally relevant activities

   18.     Meaning of environmentally relevant activity
   19.     Environmentally relevant activity may be prescribed
   19A.    Interaction between prescribed ERAs and resource activities
   20.     (Repealed)

              Subdivision 5 - Environmental management

   21.     Best practice environmental management

              Subdivision 6 - Prescribed conditions

   21A.    Meaning of prescribed condition

   PART 4 - OPERATION OF ACT

   22.     Act binds all persons
   23.     Relationship with other Acts
   24.     Effect of Act on other rights, civil remedies etc.
   25.     Extra-territorial application of Act

CHAPTER 2 - ENVIRONMENTAL PROTECTION POLICIES

   26.     Minister may make policies
   27.     Scope of policies
   28.     Contents of policies
   29.     (Repealed)
   30.     (Repealed)
   31.     (Repealed)
   32.     (Repealed)
   33.     Policies are subordinate legislation
   34.     Giving effect to policies
   34DK.   (Repealed)
   35.     (Repealed)
   36.     (Repealed)

CHAPTER 3 - ENVIRONMENTAL IMPACT STATEMENTS

   PART 1 - EIS PROCESS

           Division 1 - Preliminary

              Subdivision 1 - Application

   37.     When EIS process applies

              Subdivision 2 - Definitions for part 1

   38.     Who is an affected person for a project
   39.     Other definitions

              Subdivision 3 - Purposes of EIS and EIS process

   40.     Purposes
   40A.    (Repealed)

           Division 2 - Terms of reference stage

              Subdivision 1 - Draft terms of reference

   41.     Submission

              Subdivision 2 - Public notification of draft terms of reference

   42.     Preparation of TOR notice
   43.     Public notification
   44.     Proponent to be given comments
   45.     Advice to chief executive

              Subdivision 3 - Final terms of reference

   46.     Finalising terms of reference

           Division 3 - Submission stage

   47.     When EIS may be submitted
   47A.    (Repealed)
   48.     Chief executive may require copies of EIS
   49.     Decision on whether EIS may proceed
   49A.    Proponent may resubmit EIS
   50.     Ministerial review of refusal to allow to proceed

           Division 4 - Notification stage

              Subdivision 1 - Public notice requirements

   51.     Public notification
   52.     Required content of EIS notice
   53.     Declaration of compliance

              Subdivision 2 - Submissions and response to report about public interest evaluation

   54.     Right to make submission
   55.     Acceptance of submissions
   56.     Response to submissions
   56A.    Assessment of adequacy of response to submission and submitted EIS
   56AA.   Proponent may resubmit EIS
   56B.    Ministerial review of refusal to allow submitted EIS to proceed

           Division 5 - EIS assessment report

   57.     EIS assessment report
   58.     Criteria for preparing report
   59.     Required content of report

           Division 6 - Completion of process

   60.     When process is completed

           Division 7 - Miscellaneous provisions

              Subdivision 1 - Inquiries by chief executive

   61.     Application of sdiv 1
   61A.    (Repealed)
   62.     Chief executive may seek advice, comment or information
   63.     Disclosure of relevant documents or information
   64.     Making of inquiry does not of itself alter EIS process

              Subdivision 2 - Public inspection

   65.     Public access to draft terms of reference or submitted EIS

              Subdivision 3 - Amending EIS

   66.     Amending EIS

              Subdivision 4 - Effects of noncompliance with process

   67.     Process is suspended
   68.     Substantial compliance with notice requirements may be accepted

   PART 2 - VOLUNTARY PREPARATION OF EIS

   69.     Purpose of pt 2
   70.     Projects that may be approved for EIS
   70A.    (Repealed)
   71.     Requirements for application
   72.     Deciding application

CHAPTER 4 - (Repealed)

CHAPTER 4A - GREAT BARRIER REEF PROTECTION MEASURES

   PART 1 - PRELIMINARY

   73U.    (Repealed)
   74.     Purpose of ch 4A
   75.     What is an agricultural ERA
   76.     Who carries out an agricultural ERA
   77.     Other definitions for ch 4A

   PART 2 - REQUIREMENTS FOR CARRYING OUT AGRICULTURAL ERAS

           Division 1 - Fertiliser application requirements

              Subdivision 1 - Offence

   78.     Offence about fertiliser application

              Subdivision 2 - Conditions to prevent over-fertilisation

   79.     Application of sdiv 2
   80.     Working out optimum amount
   81.     Soil testing
   82.     Restriction on application of fertiliser

           Division 2 - Document requirements

              Subdivision 1 - Documents that must be kept

   83.     Required record
   84.     Obligation to keep relevant primary documents

              Subdivision 2 - Production of documents

   85.     Power to require production of documents
   86.     Offence not to comply with production requirement
   87.     Derivative use immunity for production

              Subdivision 3 - (Repealed)

   PART 3 - ENVIRONMENTAL RISK MANAGEMENT PLANS

           Division 1AA - Preliminary

   87A.    Extended meaning of agricultural ERA for pt 3

           Division 1 - General matters

   88.     When an accredited ERMP is required
   89.     When ERMP direction may be given
   89D.    (Repealed)
   89E.    (Repealed)
   89F.    (Repealed)
   89G.    (Repealed)
   89H.    (Repealed)
   89I.    (Repealed)
   89J.    (Repealed)
   90.     Form of ERMP direction and what it may require
   91.     Public notice of ERMP directions with multiple recipients
   92.     Obligations if accredited ERMP required
   93.     Unaccredited ERMP has no effect

           Division 2 - ERMP content requirements

   94.     General content requirements
   95.     Exceptions for management plan requirement
   95A.    (Repealed)
   96.     Documents that may make up ERMP

           Division 3 - Accreditation of ERMPs

   97.     Application of div 3
   98.     Request for further information
   99.     Deciding whether to accredit
   100.    Notice of decision
   101.    Amended ERMP required if accreditation refused

           Division 4 - Amendment of accredited ERMPs

   102.    Application of div 4
   103.    Voluntary amendment
   104.    Direction to amend

           Division 5 - Annual reporting

   105.    Annual reporting requirement

CHAPTER 5 - ENVIRONMENTAL AUTHORITIES, PRC PLANS AND ENVIRONMENTALLY RELEVANT ACTIVITIES

   PART 1 - PRELIMINARY

           Division 1 - Key definitions for chapter 5

   106.    What is a prescribed ERA
   107.    What is a resource activity
   108.    What is a geothermal activity
   109.    What is a GHG storage activity
   110.    What is a mining activity
   111.    What is a petroleum activity
           111A . Meaning of stable condition
   112.    Other key definitions for ch 5

           Division 2 - Single integrated operations

   113.    Single integrated operations

           Division 3 - Stages and application of assessment process

   114.    Stages of assessment process
   114A.   Application of assessment process for proposed PRC plans

           Division 4 - Relationship with the Planning Act

   115.    Development application taken to be application for environmental authority in particular circumstances

   PART 2 - APPLICATION STAGE

           Division 1 - Preliminary

   116.    Who may apply for an environmental authority
   117.    Restriction for applications for resource activities
   118.    Single application required for ERA projects
   118D.   (Repealed)
   119.    Single environmental authority required for ERA projects
   120.    Application for environmental authority can not be made in particular circumstances

           Division 2 - Types of applications

   121.    Types of applications
   122.    What is a standard application
   123.    What is a variation application
   124.    What is a site-specific application

           Division 3 - Applying for environmental authorities and requirements for PRC plans

   125.    Requirements for applications generally
   126.    Requirements for site-specific applications—CSG activities
   126A.   Requirements for site-specific applications—particular resource projects and resource activities
   126B.   Main purpose of PRC plan
   126C.   Requirements for PRC plan
   126D.   Requirements for proposed PRCP schedule
   127.    When application is a properly made application

           Division 4 - Notices about not properly made applications

   128.    Notice about application that is not a properly made application
   128A.   (Repealed)
   128B.   (Repealed)
   128C.   (Repealed)
   128D.   (Repealed)
   128E.   (Repealed)
   128F.   (Repealed)
   128G.   (Repealed)
   128H.   (Repealed)
   128I.   (Repealed)
   128J.   (Repealed)
   128K.   (Repealed)
   128L.   (Repealed)
   128M.   (Repealed)
   128N.   (Repealed)
   128O.   (Repealed)
   128P.   (Repealed)
   129.    When application lapses

           Division 5 - Joint applicants

   130.    Nomination of principal applicant

           Division 6 - Changing applications

              Subdivision 1 - Preliminary

   131.    Meaning of minor change

              Subdivision 2 - Procedure for changing applications

   132.    Changing application or proposed PRC plan

              Subdivision 3 - Changed applications—effect on assessment process

   133.    Effect on assessment process—minor changes and agreed changes
   134.    Effect on assessment process—other changes

           Division 7 - Withdrawing applications

   135.    Withdrawing an application

           Division 8 - End of application stage

   136.    When does application stage end
           136A . Administering authority must obtain report about public interest evaluation for particular applications

   PART 3 - INFORMATION STAGE

           Division 1 - Preliminary

   137.    Purpose of information stage
   138.    When information stage applies
   139.    Information stage does not apply if EIS process complete

           Division 2 - Information requests

   140.    Information request to applicant
   140A.   (Repealed)
   141.    Content of information request
   142.    (Repealed)
   143.    EIS may be required
   144.    When information request must be made
   145.    Extending information request period

           Division 3 - Responding to information request

   146.    Applicant responds to any information request
   147.    Lapsing of applications if no response to information request

           Division 4 - End of information stage

   148.    When does information stage end

   PART 4 - NOTIFICATION STAGE

           Division 1 - Preliminary

   149.    When notification stage applies
   150.    Notification stage does not apply to particular applications
   151.    When notification stage can start

           Division 2 - Public notice

   152.    Public notice of application
   153.    Required content of application notice
   154.    Submission period for application—mining activities
   155.    Submission period for application—other resource activities
   156.    Publication of application notice and documents on website
   157.    Public access to application
   158.    Declaration of compliance
   159.    Substantial compliance may be accepted

           Division 3 - Submissions about applications

   160.    Right to make submission
   161.    Acceptance of submission
   162.    Amendment of submission
   163.    Particular submissions apply for later applications
   163A.   (Repealed)
   163B.   (Repealed)

           Division 4 - End of notification stage

   164.    When does notification stage end

   PART 5 - DECISION STAGE

           Division 1 - Preliminary

   165.    When does decision stage start—general
   166.    When does decision stage start—application relating to development applications
   167.    When does decision stage start—site-specific application relating to coordinated project
           167A . Particular site-specific applications—when decision stage starts and when report about public interest evaluation is required
   167B.   Decision stage may be suspended in particular circumstances

           Division 2 - Deciding application

              Subdivision 1 - Decision period

   168.    When decision must be made—generally
   168A.   (Repealed)
   168B.   (Repealed)
   169.    When decision must be made—particular applications
   169A.   (Repealed)

              Subdivision 2 - Decision

   170.    Deciding standard application
   171.    Deciding variation application
   171A.   (Repealed)
   171B.   (Repealed)
   171C.   (Repealed)
   171D.   (Repealed)
   171DA.  (Repealed)
   172.    Deciding site-specific application and approving PRCP schedule
   173.    When particular applications must be refused
   174.    (Repealed)
   175.    Criteria for decision—standard application
   176.    Criteria for decision—variation or site-specific application
   176A.   Criteria for decision—proposed PRCP schedule
   177.    Automatic decision for standard application in particular circumstances
   178.    Automatic decision for variation application in particular circumstances
   179.    Automatic decision for site-specific application in particular circumstances

           Division 3 - Applications for mining activities relating to a mining lease

              Subdivision 1 - Preliminary

   180.    Application of div 3

              Subdivision 2 - Notice of decision

   181.    Notice of decision
   182.    Submitter may give objection notice
   183.    Applicant may request referral to Land Court

              Subdivision 3 - Referrals to Land Court

   184.    Application of sdiv 3
   185.    Referral to Land Court
   186.    Parties to Land Court proceedings
   187.    Notice of referral
   188.    Objections decision hearing
   188A.   Striking out objection notices
   189.    Land Court mediation of objections
   190.    Requirements for objections decision
   191.    Matters to be considered for objections decision
   192.    Notice of objections decision
   193.    Advice from MRA and State Development Ministers about objections decision

              Subdivision 4 - Final decision on application

   194.    When administering authority must make final decision on application
           194A . Final decision on application
           194B . Matters to be considered in making final decision

           Division 4 - Steps after deciding application

   195.    Issuing environmental authority or PRCP schedule
   196.    Requirements for issuing environmental authority or PRCP schedule
   197.    Including environmental authorities and PRC plans in register
   198.    Information notice about particular decisions

           Division 5 - Environmental authorities

   199.    Requirements for environmental authority
   200.    When environmental authority takes effect
   201.    Term of environmental authority
   202.    Environmental authority includes conditions

           Division 5A - PRCP schedules

           202A . Requirements for PRCP schedule
           202B . When PRCP schedule takes effect
           202C . Term of PRCP schedule
           202D . PRCP schedule includes conditions
           202E . Environmental authority overrides PRCP schedule

           Division 6 - Conditions

   203.    Conditions generally
   204.    Conditions that must be imposed for standard or variation applications
   205.    Conditions that must be imposed if application relates to coordinated project
   206.    Environmental authority for particular resource activities includes condition prohibiting use of restricted stimulation fluids
           206A . Conditions for PRCP schedules
   207.    Conditions that may be imposed on environmental authority
   208.    Condition requiring statement of compliance
   209.    Environmental offset conditions
   210.    Inconsistencies between particular conditions of environmental authorities

   PART 6 - AMENDMENTS BY ADMINISTERING AUTHORITY

           Division 1 - Amendments

   211.    Corrections
   212.    Amendment to reflect NNTT conditions
   212A.   Amendment to reflect regional interests development approval conditions
   213.    Amendment of environmental authorities to reflect new standard conditions
   214.    (Repealed)
   215.    Other amendments

           Division 2 - Procedure for particular amendments

   216.    Application of div 2
   217.    Notice of proposed amendment
   218.    Considering representations
   219.    Decision on proposed amendment
   220.    Notice of amendment decision

           Division 3 - Steps for amendments

   221.    Steps for amendment

   PART 7 - AMENDMENT BY APPLICATION

           Division 1 - Preliminary

   222.    Exclusions from amendment under pt 7
   223.    Definitions for part

           Division 2 - Making amendment application

   224.    Who may apply
   225.    Amendment application can not be made in particular circumstances
   226.    Requirements for amendment applications generally
           226A . Requirements for amendment applications for environmental authorities
           226B . Requirements for amendment applications for PRCP schedules
   227.    Requirements for amendment applications—CSG activities
           227AA . Requirements for amendment applications—underground water rights

           Division 2A - Provision for particular amendment applications

   227A.   Early refusal of particular amendment applications and requirement to replace environmental authority

           Division 3 - Assessment level decisions

   227B.   Amendment applications to which div 3 does not apply
   228.    Assessment level decision for amendment application
   229.    Notice of assessment level decision
   230.    Administering authority may require public notification for particular amendment applications

           Division 4 - Process if proposed amendment is a major amendment

   231.    Application of div 4
   232.    Relevant application process applies
   233.    (Repealed)
   233A.   (Repealed)
   234.    Submission period
   235.    Criteria for deciding amendment application
   236.    Changing amendment application
   236A.   (Repealed)
   237.    Effect on assessment of amendment application—minor change
   238.    Effect on assessment of amendment application—other changes

           Division 5 - Process if proposed amendment is minor amendment

   239.    Application of div 5
   240.    Deciding amendment application
   241.    Criteria for deciding amendment application

           Division 6 - Steps after deciding amendment application

   242.    Steps after deciding amendment application

   PART 8 - AMALGAMATING AND DE-AMALGAMATING ENVIRONMENTAL AUTHORITIES AND PRCP SCHEDULES

           Division 1 - Preliminary

   243.    Definitions for pt 8
   244.    Types of amalgamated environmental authorities

           Division 1A - Amalgamating environmental authorities

   245.    Who may apply
   246.    Requirements for amalgamation application

           Division 2 - Deciding amalgamation application

   247.    Deciding amalgamation application
   247A.   (Repealed)

           Division 3 - Miscellaneous provisions for amalgamation applications

   248.    Steps after deciding amalgamation application
   249.    Information notice about particular decisions
   250.    Relationship between amendment application and amalgamation application

           Division 4 - De-amalgamating environmental authorities

   250A.   Who may apply for de-amalgamation
   250B.   Requirements for de-amalgamation application
           250C . De-amalgamation
   250D.   When de-amalgamation takes effect

   PART 9 - TRANSFERRING ENVIRONMENTAL AUTHORITIES FOR PRESCRIBED ERAS

   251.    Application of pt 9
   252.    Who may apply for transfer
   253.    Requirements for transfer application
   254.    Deciding transfer application
   255.    Steps after deciding transfer application
   256.    Notice to owners of transfer

   PART 10 - SURRENDER OF ENVIRONMENTAL AUTHORITIES

           Division 1 - Preliminary

   257.    Who may apply for surrender
   258.    Notice by administering authority to make surrender application
   258A.   (Repealed)
   259.    When surrender notice ceases to have effect
   260.    Failure to comply with surrender notice
   260A.   (Repealed)
   261.    Surrender may be partial

           Division 2 - Surrender applications

   262.    Requirements for surrender application
   263.    Amending surrender application

           Division 3 - Final rehabilitation reports and post-mining management reports

   264.    Requirements for final rehabilitation report
           264A . Requirements for post-mining management report

           Division 4 - Requests for information

   265.    Administering authority may request further information

           Division 5 - Deciding surrender applications

   266.    Deciding surrender application
   266A.   (Repealed)
   266B.   (Repealed)
   266C.   (Repealed)
   266D.   (Repealed)
   266E.   (Repealed)
   266F.   (Repealed)
   266G.   (Repealed)
   266H.   (Repealed)
   266I.   (Repealed)
   266J.   (Repealed)
   266K.   (Repealed)
   266L.   (Repealed)
   266M.   (Repealed)
   266N.   (Repealed)
   266O.   (Repealed)
   266P.   (Repealed)
   267.    Advice from MRA chief executive about surrender application
   268.    Criteria for decision generally
   268A.   Criteria for decision—prescribed resource activities in overlapping area
   269.    Restrictions on giving approval
           269A . Effect of approval of surrender application on PRCP schedule
   270.    When application may be refused

           Division 6 - Residual risk requirements

   271.    Payment may be required for residual risks of rehabilitation
   272.    Criteria for decision to make residual risks requirement
   273.    Amount and form of payment

           Division 7 - Directions about rehabilitation

   274.    Directions to carry out rehabilitation may be given if surrender refused

           Division 8 - Miscellaneous provisions

   275.    Steps after deciding surrender application
           275A . Administering authority may amend PRCP schedule
   276.    Restriction on surrender taking effect if payment required for residual risks

   PART 11 - CANCELLATION OR SUSPENSION OF ENVIRONMENTAL AUTHORITIES BY ADMINISTERING AUTHORITY

           Division 1 - Preliminary

   277.    Automatic cancellation if replacement environmental authority given
   277A.   Cancellation of particular environmental authority on holder’s request
   278.    Cancellation or suspension by administering authority
           278A . Effect of cancellation or suspension of environmental authority on PRCP schedule
   278B.   (Repealed)

           Division 2 - Procedure for cancellation or suspension by administering authority

   279.    Application of div 2
   279A.   (Repealed)
   280.    Notice of proposed action
   281.    Considering representations
   282.    Decision on proposed action
   283.    Notice of proposed action decision

           Division 3 - Steps after making decision

   284.    Steps for cancellation or suspension

           Division 4 - (Repealed)

   PART 11A - SUSPENSION OF ENVIRONMENTAL AUTHORITIES BY APPLICATION

           Division 1 - Preliminary

   284A.   Who may apply

           Division 2 - Suspension applications

   284B.   Requirements for suspension application

           Division 3 - Deciding suspension applications

   284C.   Deciding suspension application
   284D.   Criteria for deciding suspension application
   284E.   Restrictions on giving approval
   284F.   Steps after deciding suspension application

           Division 4 - Termination of suspension

   284G.   Termination of suspension

   PART 12 - AUDITING PRCP SCHEDULES

           Division 1 - Requirements for audit

   285.    PRCP schedule must be audited
   286.    Requirements for report about PRCP schedule audit

           Division 2 - Steps after receiving audit report and rehabilitation auditors

   287.    Administering authority may request further information
   288.    Rehabilitation auditors

   PART 13 - PLAN OF OPERATIONS

   289.    Definition for part
   290.    Application of part
   290A.   (Repealed)
   291.    Plan of operations required before acting under petroleum lease
   292.    Requirements for plan of operations
   293.    Amending or replacing plan
   294.    Failure to comply with plan of operations
   295.    Environmental authority overrides plan

   PART 14 - MATTERS RELATING TO COSTS OF REHABILITATION

           Division 1 - Estimated rehabilitation costs for resource activities and ERC decisions

   296.    Definitions for division
   297.    Condition about ERC decision
   298.    Applying for ERC decision
   299.    Administering authority may require additional information
   299A.   (Repealed)
   300.    Making ERC decision
   301.    Notice of decision
   302.    Application for new ERC decision before expiry
   302A.   (Repealed)
   303.    Administering authority may direct holder to re-apply for ERC decision
   304.    When holder must re-apply for ERC decision
   305.    Effect of re-application on ERC decision
   306.    Effect of amalgamation or de-amalgamation of environmental authority on ERC decision
   306A.   (Repealed)

           Division 2 - Financial assurance for prescribed ERAs

   307.    Application of division
   307A.   (Repealed)
   308.    Requirement to give financial assurance for environmental authority
   309.    Application for decision about amount and form of financial assurance
   310.    Deciding amount and form of financial assurance
   311.    Notice of decision
   312.    Application to amend or discharge financial assurance
   313.    Administering authority may require compliance statement
   314.    Deciding application
   315.    Power to require a change to financial assurance
   315A.   (Repealed)
   315B.   (Repealed)
   315C.   (Repealed)
   315D.   (Repealed)
   316.    Replenishment of financial assurance

           Division 3 - Claiming

           316A . Definitions for division
           316B . References to EPA assurance or surety
           316C . Application of division
           316D . Administering authority may claim or realise EPA assurance or ask scheme manager for payment
           316E . Notice about claiming or realising EPA assurance or asking scheme manager for payment
           316F . Considering representations
           316G . Decision

   PART 15 - GENERAL PROVISIONS

           Division 1 - Requirement for holders of PRC plan

           316H . Obligation to give amended rehabilitation planning part to administering authority

           Division 2 - Annual notices, fees and returns

           316I . Annual fee
           316IA . Annual returns
           316J . Particular requirement for annual returns for PRCP schedule holders
           316K . Particular requirement for annual return for CSG environmental authority

           Division 3 - Changing anniversary day

           316L . Changing anniversary day
           316M . Deciding application
           316N . Notice of decision
           316O . When decision takes effect

           Division 4 - Non-compliance with eligibility criteria

           316P . Requirement to replace environmental authority if non-compliance with eligibility criteria

           Division 4A - Public interest evaluations

           316PA . Public interest evaluations
           316PB . Requirements for report about particular public interest evaluations
           316PC . Review of report
           316PD . Costs of public interest evaluations and reviews
           316PE . Confidentiality of public interest evaluation

           Division 5 - Miscellaneous provisions

           316Q . Administering authority may seek advice, comment or information about application
           316R . Decision criteria are not exhaustive

CHAPTER 5A - GENERAL PROVISIONS ABOUT ENVIRONMENTALLY RELEVANT ACTIVITIES

   PART 1 - ERA STANDARDS

   317.    Definitions for pt 1
   318.    Chief executive may make ERA standard
   318A.   Notice of proposed ERA standards
   318B.   Consideration of submissions
   318C.   Publication of ERA standard
   318D.   Approval of ERA standard by regulation
           318DA . Minor amendment of ERA standard

   PART 2 - (Repealed)

   PART 3 - CODES OF PRACTICE

   318E.   Codes of practice

   PART 4 - REGISTRATION OF SUITABLE OPERATORS

           Division 1 - Applications for registration

   318F.   Application for registration
   318G.   Deciding application
   318H.   Grounds for refusing application for registration
   318I.   Steps after deciding application for registration
   318J.   Term of registration

           Division 2 - Cancelling or suspending registration

   318K.   Cancellation or suspension of registration
   318L.   Notice of proposed action
   318M.   Considering representations
   318N.   Decision on proposed action
   318O.   Notice of proposed action decision
   318P.   When decision takes effect
   318Q.   Steps for cancelling or suspending registration

           Division 3 - Investigating suitability

   318R.   Investigation of applicant suitability or disqualifying events
   318S.   Use of information in suitability report
   318T.   Notice of use of information in suitability report
   318U.   Confidentiality of suitability reports
   318V.   Destruction of suitability reports

   PART 5 - WORK DIARY REQUIREMENTS FOR PARTICULAR REGISTERED SUITABLE OPERATORS

   318W.   Application of pt 5
   318X.   Requirement to keep work diary
   318Y.   Requirement to notify chief executive if work diary lost or stolen

   PART 6 - PROGRESSIVE REHABILITATION

           Division 1 - Certification of progressive rehabilitation for resource projects

              Subdivision 1 - Preliminary

   318Z.   What is progressive certification
           318ZA . Effect of progressive certification
           318ZB . Continuing responsibility of holder relating to certified rehabilitated area

              Subdivision 2 - Applying for progressive certification

           318ZC . Who may apply for progressive certification
           318ZD . Requirements for progressive certification application
           318ZE . Amending progressive certification application

              Subdivision 3 - Progressive rehabilitation report

           318ZF . Requirements for progressive rehabilitation report

              Subdivision 4 - Requests for information

           318ZG . Administering authority may request further information

              Subdivision 5 - Deciding progressive certification application

           318ZH . Deciding progressive certification application
           318ZI . Criteria for decision
           318ZJ . Steps after making decision
           318ZJA . Administering authority may amend PRCP schedule

           Division 2 - Payment for residual risks of rehabilitation

           318ZK . Application of div 2
           318ZL . Payment may be required for residual risks
           318ZM . Criteria for decision to make requirement
           318ZN . Amount and form of payment

CHAPTER 6 - (Repealed)

CHAPTER 7 - ENVIRONMENTAL MANAGEMENT

   PART 1 - ENVIRONMENTAL DUTIES

           Division 1 - Duty to prevent and minimise environmental harm

   319.    General environmental duty

           Division 2 - Duty to notify of environmental harm

              Subdivision 1 - Preliminary

   320.    Definitions for div 2
   320A.   Application of div 2

              Subdivision 2 - Duty of person carrying out an activity

   320B.   Duty of particular employees to notify employer
   320C.   Duty of other persons to notify particular owners and occupiers

              Subdivision 3 - Duty of employer

   320D.   Duty of employer to notify particular owners and occupiers

              Subdivision 3A - Duty of owner, occupier or auditor

   320DA.  Duty of owner, occupier or auditor to notify administering authority

              Subdivision 3B - Duty of local government

   320DB.  Duty of local government to notify administering authority

              Subdivision 4 - Miscellaneous

   320E.   Notice to occupiers of affected land
   320F.   Defences and excuses for div 2
   320G.   Use of notice in legal proceedings

   PART 2 - ENVIRONMENTAL EVALUATIONS

           Division 1 - Preliminary

   321.    What is an environmental evaluation

           Division 2 - Environmental audits

              Subdivision 1 - Audit requirements

   322.    Administering authority may require environmental audit about environmental authority or PRCP schedule
   323.    Administering authority may require environmental audit about other matters
   324.    Content of audit notice
   325.    Failure to comply with audit notice

              Subdivision 2 - Audits by administering authority

   326.    Administering authority may conduct environmental audit for resource activities
   326A.   Administering authority’s costs of environmental audit or report

           Division 3 - Environmental investigations

   326B.   When environmental investigation required—environmental harm
   326BA.  When environmental investigation required—contamination of land
   326C.   Content of investigation notice
   326D.   Failure to comply with investigation notice
   326DA.  Procedure to be followed if recipient is not owner

           Division 4 - Requirement for declarations

   326E.   Declarations to accompany report

           Division 5 - Steps after receiving environmental reports

   326F.   Administering authority may request further information
   326G.   Decision about environmental report
   326H.   Action following acceptance of report
   326I.   Action following refusal of report

           Division 6 - Miscellaneous

   327.    Costs of environmental evaluation and report
   328.    (Repealed)
   329.    Failure to make decision on environmental report taken to be refusal

   PART 3 - TRANSITIONAL ENVIRONMENTAL PROGRAMS

           Division 1 - Preliminary

   330.    What is a transitional environmental program
   331.    Content of program

           Division 2 - Submission and approval of transitional environmental programs

   332.    Administering authority may require draft program
   333.    Voluntary submission of draft program
   334.    Fee for consideration of draft program
   334A.   Administering authority may request further information
   335.    Public notice of submission for approval of certain draft programs
   336.    Authority may call conference
   336A.   Administering authority may seek advice, comment or information about submission
   337.    Administering authority to consider draft programs
   338.    Criteria for deciding draft program
   339.    Decision about draft program
   340.    Notice of decision
   341.    Content of approved program
   342.    Substantial compliance with Act may be accepted as compliance
   343.    Failure to approve draft program taken to be refusal
   343A.   Notation of approval of transitional environmental program on particular environmental authorities

           Division 3 - Amendment of approval for transitional environmental programs

   344.    Application

           Division 3A - Financial assurances

   344A.   Administering authority may claim or realise financial assurance
   344B.   Considering representations
   344C.   Decision
   344D.   Discharging financial assurance

           Division 3B - Cancellation of approval for transitional environmental programs

   344E.   Cancelling approval
   344F.   Cancelling without approval holder’s agreement
   344G.   Cancelled approval noted under s 343A

           Division 4 - Miscellaneous

   345.    Annual return
   346.    Effect of compliance with program
   347.    Notice of disposal by holder of program approval
   348.    Notice of ceasing activity by holder of program approval
   349.    Compliance with Act at completion of program

   PART 4 - SPECIAL PROVISIONS ABOUT VOLUNTARY SUBMISSION OF TRANSITIONAL ENVIRONMENTAL PROGRAMS

   350.    Program notice
   351.    Program notice privileged
   352.    Authority to act on notice
   353.    Effect of program notice
   354.    Effect of failure to comply with program
   355.    Authority may apply to Court for order setting aside immunity from prosecution
   356.    Court to decide application
   357.    Power of Court to make order pending decision on application

   PART 4A - TEMPORARY EMISSIONS LICENCES

           357AAA . Definition for pt 4A
   357A.   What is an applicable event
   357B.   Who may apply for temporary emissions licence
   357C.   Deciding application
   357D.   Criteria for decision
   357E.   Decision about temporary emissions licence
   357F.   Information notice
   357G.   Temporary emissions licence
   357H.   No transfer of licence
   357I.   Failure to comply with conditions of licence
   357J.   Amendment, cancellation or suspension of temporary emissions licence

   PART 5 - ENVIRONMENTAL PROTECTION ORDERS

           Division 1 - General

   358.    When order may be issued
   359.    Standard criteria to be considered before issue of order
   360.    Form and content of order
   361.    Offence not to comply with order
   362.    Notice of disposal by recipient
   363.    Notice of ceasing to carry out activity

           Division 2 - Issue of orders to related persons of companies

   363AA.  Definitions for division
   363AB.  Who is a related person of a company
   363ABA. Decision whether to issue an order
   363AC.  Order may be issued to related person
   363AD.  Order may be issued to related person of high risk company
   363AE.  Order may provide for joint and several liability
   363AF.  Procedure if related person is not the owner of land on which action is required
   363AG.  Taking action in place of related person
   363AH.  Obstruction of recipient complying with notice
   363AI.  Administering authority may issue cost recovery notice
           363AJ . Review of operation of division

   PART 5A - DIRECTION NOTICES

   363A.   Prescribed provisions
   363B.   Authorised person may issue a direction notice
   363C.   Matters to consider before issuing a direction notice relating to particular emissions
   363D.   Requirements of direction notices
   363E.   Offence not to comply with a direction notice

   PART 5B - CLEAN-UP NOTICES

   363F.   Definitions for pt 5B
   363G.   Who are the prescribed persons for a contamination incident
   363H.   Administering authority may issue clean-up notice
   363I.   Offence not to comply with clean-up notice
   363J.   Procedure if recipient is not the owner of land on which action is required
   363K.   Taking action in place of recipient
   363L.   Obstruction of recipient complying with notice

   PART 5C - COST RECOVERY NOTICES

   363M.   Who are the prescribed persons for a contamination incident
   363N.   Administering authority may issue cost recovery notice
   363O.   Several recipients of a cost recovery notice

   PART 6 - (Repealed)

   PART 7 - (Repealed)

   PART 8 - CONTAMINATED LAND

           Division 1 - Interpretation

   370.    Definitions for pt 8

           Division 2 - Including land in relevant land register

              Subdivision 1 - Preliminary

   371.    Grounds for including land in environmental management register
   372.    Grounds for including land in contaminated land register

              Subdivision 2 - Process for including land in relevant land register

   373.    Application of sdiv 2
   374.    Process for including land in relevant land register
   375.    Show cause notice to be given to owner of land
   376.    Making and considering submission
   377.    Decision about including land in relevant land register etc.
   378.    Notice of decision about including land in relevant land register
   379.    Notice to registrar of titles about including land in contaminated land register

              Subdivision 3 - Amending or removing particulars in relevant land register

   380.    Amending or removing particulars of land
   381.    Site investigation report or validation report
   382.    (Repealed)
   383.    Site management plan
   384.    Minor amendment
   385.    Notice to be given if particulars of land amended in or removed from register
   386.    Notice to registrar of titles if particulars of land amended in or removed from contaminated land register

           Division 3 - Contaminated land investigation documents

              Subdivision 1 - Preliminary

   387.    Definition for div 3

              Subdivision 2 - Content and submission of contaminated land investigation documents

   388.    Application of sdiv 2
   389.    Content of contaminated land investigation document
   390.    Requirements for submission of contaminated land investigation document

              Subdivision 3 - Preparation of draft site management plan

   391.    Show cause notice
   392.    Making and consideration of submission
   393.    Decision about taking action
   394.    Notice of decision
   395.    Procedure to be followed if recipient is not owner

              Subdivision 4 - Consideration of draft site management plans

   396.    Application of sdiv 4
   397.    Requiring another site management plan or additional information
   398.    Deciding whether to approve draft site management plan
   399.    Approval of draft site management plan
   400.    Refusal to approve draft site management plan

              Subdivision 5 - Preparation of site management plan by administering authority

   401.    Procedure if administering authority prepares site management plan

              Subdivision 6 - Amendment of site management plan

   402.    Voluntary amendment of site management plans
   403.    Amendment of site management plan with written agreement
   404.    Amending or requiring amendment of site management plan

           Division 4 - Miscellaneous provisions

   405.    Registrar of titles to maintain records about contaminated land
   406.    Local government must not allow contravention of site management plan
   407.    Owner to give notice to occupant or proposed occupant
   408.    Owner to give notice to proposed purchaser

           Division 5 - (Repealed)

           Division 6 - (Repealed)

           Division 7 - (Repealed)

CHAPTER 8 - GENERAL ENVIRONMENTAL OFFENCES

   PART 1 - OFFENCES RELATING TO ENVIRONMENTALLY RELEVANT ACTIVITIES

           Division 1 - Offences

   426.    Environmental authority required for particular environmentally relevant activities
   426A.   (Repealed)
   427.    (Repealed)
   428.    (Repealed)

           Division 2 - Exemptions

   429.    Special provisions for interstate transporters of controlled waste

   PART 2 - OFFENCES RELATING TO ENVIRONMENTAL REQUIREMENTS

           Division 1 - Environmental authorities

   430.    Contravention of condition of environmental authority
   431.    Environmental authority holder responsible for ensuring conditions complied with

           Division 1A - PRC plans

           431A . PRCP schedule required for particular environmentally relevant activities
           431B . Contravention of condition of PRCP schedule
           431C . Holder of PRCP schedule responsible for ensuring conditions of PRCP schedule complied with

           Division 2 - Transitional environmental programs

   432.    Contravention of requirement of program
   432A.   Contravention of condition of approval
   433.    Approval holder responsible for ensuring program complied with

           Division 3 - Site management plans

   434.    Contravention of plan

   PART 2A - OFFENCES RELATING TO CONDITIONS

   435.    (Repealed)
   435A.   Offence to contravene prescribed conditions for particular activities
   435B.   (Repealed)

   PART 3 - OFFENCES RELATING TO ENVIRONMENTAL HARM

   436.    (Repealed)
   437.    Offences of causing serious environmental harm
   438.    Offences of causing material environmental harm
   439.    Court may find defendant guilty of causing material environmental harm if charged with causing serious environmental harm
   440.    Offence of causing environmental nuisance

   PART 3A - (Repealed)

   PART 3B - OFFENCES RELATING TO NOISE STANDARDS

           Division 1 - Preliminary

   440K.   Definitions for pt 3B
   440L.   Meaning of audible noise
   440M.   Reference to making a noise
   440N.   Noise levels measured at an affected building

           Division 2 - Application of noise standards

   440O.   Local law may prescribe noise standards
   440P.   Default noise standards under div 3
   440Q.   Offence of contravening a noise standard

           Division 3 - Default noise standards

   440R.   Building work
   440S.   Regulated devices
   440T.   Pumps
   440U.   Air-conditioning equipment
   440V.   Refrigeration equipment
   440W.   Indoor venues
   440X.   Open-air events
   440Y.   Amplifier devices other than at indoor venue or open-air event
   440Z.   Power boat sports in waterway
           440ZA . Operating power boat engine at premises
           440ZB . Blasting
           440ZC . Outdoor shooting ranges

   PART 3C - OFFENCES RELATING TO WATER CONTAMINATION

           440ZD . Definitions for pt 3C
           440ZE . Meaning of deposits for pt 3C
           440ZF . Prescribed water contaminants
           440ZG . Depositing prescribed water contaminants in waters and related matters

   PART 3D - (Repealed)

   PART 3E - OFFENCES RELATING TO AIR CONTAMINATION

           440ZL . Sale of solid fuel-burning equipment for use in residential premises and related matters
           440ZM . Permitted concentration of sulfur in liquid fuel for use in stationary fuel-burning equipment

   PART 3F - OFFENCES RELATING TO FUEL STANDARDS

           Division 1 - Preliminary

           440ZN . Purpose of pt 3F
           440ZO . Definitions for pt 3F

           Division 2 - Offences

           440ZP . Non-application of div 2
           440ZQ . Supply of fuel that does not comply with Commonwealth fuel standard determinations
           440ZR . Permitted Reid vapour pressure—fuel with particular ethanol content
           440ZS . Permitted Reid vapour pressure—other fuel

           Division 3 - Exemptions

           440ZT . Making applications
           440ZU . Request for further information
           440ZV . Deciding applications
           440ZW . Giving exemptions
           440ZX . Refusing applications

           Division 4 - Record keeping

           440ZY . Record keeping requirements

   PART 4 - OTHER OFFENCES

   441.    (Repealed)
   442.    Offence of releasing prescribed contaminant
   443.    Offence to place contaminant where serious or material environmental harm may be caused
   443A.   Offence to place contaminant where environmental nuisance may be caused
   444.    Offence of interfering with monitoring equipment
   444A.   (Repealed)

CHAPTER 9 - INVESTIGATION AND ENFORCEMENT

   PART 1 - ADMINISTRATION GENERALLY

   445.    Appointment of authorised persons
   446.    Terms of appointment of authorised persons
   447.    Powers of authorised persons
   448.    Issue of identity cards
   449.    Production of identity card
   450.    Protection from liability
   451.    Administering authority may require relevant information

   PART 2 - POWERS OF AUTHORISED PERSONS FOR PLACES AND VEHICLES

   452.    Entry of place—general
   453.    Entry of land—search, test, sample etc. for release of contaminant
   454.    Entry of land—preliminary investigation
   455.    Entry of land for access
   456.    Warrants
   457.    Warrants—applications made otherwise than in person
   458.    Order to enter land to conduct investigation or conduct work
   459.    Entry or boarding of vehicles
   460.    General powers for places and vehicles
   461.    Power to seize evidence
   462.    Procedure after seizure of evidence
   463.    Forfeiture of seized thing on conviction

   PART 2A - (Repealed)

   PART 3 - OTHER ENFORCEMENT POWERS OF AUTHORISED PERSONS

   464.    Power to require name and address
   465.    Power to require answers to questions
   466.    Power to require production of documents

   PART 4 - EMERGENCY POWERS OF AUTHORISED PERSONS

   466A.   Application of pt 4
   466B.   What is an emergency
   467.    Authorised person may take or direct someone to take stated action
   468.    (Repealed)

   PART 5 - OFFENCES

   469.    Failure of authorised person to return identity card
   470.    Failure to give information to administering authority
   471.    Failure to comply with signal
   472.    Failure to comply with requirements about vehicles
   473.    Failure to help authorised person—emergency
   474.    Failure to help authorised person—other cases
   474A.   (Repealed)
   475.    Failure to give name and address etc.
   476.    Failure to attend or answer questions
   477.    Failure to produce document
   478.    Failure to comply with authorised person’s direction in emergency
   479.    (Repealed)
   480.    False or misleading documents
   480A.   Incomplete documents
   481.    False or misleading information
   482.    Obstruction of authorised persons
   483.    Impersonation of authorised person
   484.    Attempts to commit offences

   PART 6 - GENERAL

   485.    Consent to entry
   486.    Authorised person to give notice of seizure or damage
   487.    Compensation
   488.    Administering authority to reimburse costs and expenses incurred
   489.    Costs of investigation or remediation to be paid by recipient

CHAPTER 10 - LEGAL PROCEEDINGS

   PART 1 - EVIDENCE

   490.    Evidentiary provisions
   491.    Special evidentiary provision—particular emissions
   491A.   Further special evidentiary provisions for noise
   492.    Responsibility for acts or omissions of representatives

   PART 2 - EXECUTIVE OFFICER LIABILITY

   493.    Executive officers must ensure corporation complies with Act

   PART 2A - UNLAWFULNESS OF PARTICULAR ACTS

   493A.   When environmental harm or related acts are unlawful

   PART 3 - LEGAL PROCEEDINGS

   494.    Indictable and summary offences
   495.    Proceedings for indictable offences
   496.    Limitation on who may summarily hear indictable offence proceedings
   497.    Limitation on time for starting summary proceedings
   498.    Notice of defence
   499.    Proof of authority
   500.    Fines payable to local government
   501.    Recovery of costs of rehabilitation or restoration etc.
   502.    Court may make particular orders
   502A.   Administering authority may take action and recover costs
   503.    Recovery of costs of investigation
   504.    Offences relating to Great Barrier Reef World Heritage Area

   PART 4 - RESTRAINT ORDERS

   505.    Restraint of contraventions of Act etc.
   506.    Power of Court to make order pending determination of proceeding

   PART 5 - ENFORCEABLE UNDERTAKINGS

   507.    Administering authority may accept enforceable undertakings
   508.    Effect of enforceable undertaking
   509.    Withdrawal or variation of enforceable undertaking
   510.    Amending enforceable undertaking—with agreement
   511.    Amending enforceable undertaking—clerical or formal errors
   512.    Amending or suspending enforceable undertaking—after show cause process
   513.    Contravention of enforceable undertaking

CHAPTER 11 - ADMINISTRATION

   PART 1 - DEVOLUTIONS

   514.    Devolution of powers

   PART 2 - DELEGATIONS

   515.    Delegation by Minister
   516.    Delegation by chief executive
   517.    Delegation by administering executive or local government chief executive officer
   518.    Delegation by administering authority

   PART 3 - REVIEW OF DECISIONS AND APPEALS

           Division 1 - Interpretation

   519.    Original decisions
   520.    Dissatisfied person

           Division 2 - Internal review of decisions

   521.    Procedure for review
   522.    Stay of operation of particular original decisions
   522A.   Stay of decision about financial assurance
   522B.   Stay of particular decisions if unacceptable risk of environmental harm
           522C . Effect of stay of ERC decision

           Division 3 - Appeals

              Subdivision 1 - Appeals to Land Court

   523.    Review decisions subject to Land Court appeal
   524.    Right of appeal
   525.    Appeal period
   526.    Land Court mediation
   527.    Nature of appeal
   528.    Land Court’s powers for appeal
   529.    Effect of stay on particular decisions
   530.    Decision for appeals

              Subdivision 2 - Appeals to Court

   531.    Who may appeal
   532.    How to start appeal
   533.    Appellant to give notice of appeal to other parties
   534.    Persons may elect to become respondents to appeal
   535.    Stay of operation of decisions
   535A.   Stay of decision to issue a clean-up notice
   535B.   Stay of decision about financial assurance
   535C.   Stay of decision to issue environmental protection order
   536.    Hearing procedures
   537.    Assessors
   538.    Appeals may be heard with planning appeals
   539.    Powers of Court on appeal

   PART 4 - GENERAL

   540.    Registers to be kept by administering authority
   540A.   Registers to be kept by chief executive
   541.    Keeping of registers
   542.    Inspection of register
   543.    Appropriate fee for copies
   544.    Approved forms
   545.    Advisory committees
   546.    Chief executive may require administering authority to report
   546A.   Chief executive to provide annual report
   547.    State of environment report

CHAPTER 12 - MISCELLANEOUS

   PART 1 - GUIDELINES

   548.    Chief executive may make guidelines for administering authorities
           548A . Guidelines about issuing particular environmental protection orders
   549.    Chief executive may make guidelines to inform persons
   549A.   (Repealed)
   550.    Chief executive may make guidelines for particular matters under ch 5
   550A.   (Repealed)

   PART 2 - GENERAL PROVISIONS ABOUT APPLICATIONS AND SUBMISSIONS

   551.    (Repealed)
   552.    When documents are served
   553.    Electronic applications and submissions
   554.    Electronic notices about applications and submissions
   555.    (Repealed)
   556.    (Repealed)
   557.    (Repealed)
   558.    Publication of decision or document by administering authority
   559.    (Repealed)
   560.    (Repealed)
   561.    (Repealed)
   562.    (Repealed)
   563.    (Repealed)

   PART 3 - SUITABLY QUALIFIED PERSONS

   564.    Definitions for pt 3
   565.    Only suitably qualified person can perform regulatory functions
   566.    Declaration to accompany document

   PART 3A - AUDITORS

           Division 1 - Preliminary

   567.    Who is an auditor
   568.    Auditor’s functions

           Division 2 - Obtaining approval as auditor

   569.    Who may apply
   570.    Requirements for application
   571.    Deciding application
   572.    Criteria for decision
   573.    Notice of decision
   574.    Term of approval

           Division 3 - Performance of auditor’s functions

   574A.   Who may perform auditor’s functions
   574B.   Auditor must comply with approval
   574BA.  Administering authority may recover costs or expenses
   574C.   Report and declaration to accompany document

           Division 4 - Suspension or cancellation of approval

   574D.   Grounds for suspension or cancellation
   574E.   Show cause notice
   574F.   Representations about show cause notice
   574G.   Suspension or cancellation

           Division 5 - Complaints

   574H.   Who may make a complaint
   574I.   What happens after a complaint is made
   574J.   Notice of decision

           Division 6 - Miscellaneous

   574K.   Obligation to keep certificate of approval
   574L.   Impersonation of auditor
   574M.   False or misleading information about reports or certification

   PART 4 - ENTRY TO LAND TO COMPLY WITH ENVIRONMENTAL REQUIREMENT

   575.    Entry orders
   576.    Procedure for entry under entry order
   577.    Duty to avoid damage
   578.    Notice of damage
   579.    Compensation

   PART 4A - VALIDATION

   579A.   Validation of amendment of environmental authority MIM800098402

   PART 4B - PROTOCOLS AND STANDARDS

   579B.   Protocols
   579C.   Prescribed standards

   PART 4C - (Repealed)

   PART 5 - REGULATIONS

   580.    Regulation-making power
   581.    Integrated development approval system regulations and guidelines

CHAPTER 13 - SAVINGS, TRANSITIONAL AND RELATED PROVISIONS

   PART 1 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 1997

   582.    Transfer of certain land on contaminated sites register to environmental management register
   583.    Transfer of certain land on contaminated sites register to contaminated land register

   PART 2 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2000

           Division 1 - Preliminary

   584.    Definitions for pt 2

           Division 2 - Existing environmental authorities and mining activities

              Subdivision 1 - Preliminary

   585.    What is a condition of a mining tenement for div 2

              Subdivision 2 - Existing authorities for mining activities

   586.    Existing authority becomes an environmental authority (mining activities)
   586A.   Existing authority becomes an environmental authority (mining activities)
   587.    Conditions of environmental authority

              Subdivision 3 - Existing mining activities without environmental authority

   588.    New environmental authority (mining activities) for existing activities
   589.    Conditions of environmental authority

           Division 3 - Unfinished applications

   590.    Procedure if certificate of application issued and conditions decided
   591.    Procedure for other unfinished applications

           Division 4 - Transitional authorities for mining activities

              Subdivision 1 - Preliminary

   592.    Meaning of transitional authority for div 4

              Subdivision 2 - Special provisions for transitional authorities

   593.    Transitional authority taken to be non-code compliant
   594.    Limited application of s 426 for transitional authority
   595.    Requirement to apply to amend, surrender or transfer transitional authority
   596.    Notice by administering authority to amend, surrender or transfer transitional authority
   597.    Consequences of failure to comply with reminder notice
   598.    Financial assurance for transitional authority
   599.    Effect of financial assurance on security
   600.    Plan of operations
   601.    Annual fee and return for first year of transitional period
   602.    Anniversary day for certain transitional authorities

              Subdivision 3 - Amendment and consolidation of transitional authorities

   603.    Application to convert transitional authority to environmental authority for a level 2 mining project
   603A.   Requirements for conversion application
   603B.   Automatic conversion for particular applications
   603C.   Deciding application if additional conditions requested
   604.    Other amendment applications
   605.    Additional grounds for amendment by administering authority
   606.    Ministerial power to amend
   607.    Consolidation of conditions for same mining project

              Subdivision 4 - Environmental management plan requirements

   608.    Environmental management plan may be required
   609.    Consequence of failure to comply with requirement

           Division 5 - Transitional provisions other than for mining activities

   610.    Application of div 5
   611.    Unfinished applications under existing Act
   612.    Environmental authorities under existing Act

           Division 6 - Original provisions about special agreement Acts

   614.    Existing Act continues to apply for special agreement Acts until div 7 commences

           Division 7 - Provisions about special agreement Acts inserted under Environmental Protection and Other Legislation Amendment Act 2008

              Subdivision 1 - Preliminary

   615.    Definitions for div 7
   616.    What is a condition under a special agreement Act
   616A.   EPA provisions prevail

              Subdivision 2 - Conversion of SAA environmental authorities (mining)

   616B.   Conversion to transitional authority (SAA)
   616C.   Conditions of transitional authority (SAA)
   616D.   Changing conditions of transitional authority (SAA)

              Subdivision 3 - Unfinished applications

   616E.   Procedure for unfinished applications

              Subdivision 4 - Special provisions for transitional authorities (SAA)

   616F.   Transitional authority (SAA) taken to be non-code compliant
   616G.   Limited application of s 426 for transitional authority (SAA)
   616H.   Requirement to apply for new authority or amend etc. transitional authority (SAA)
   616I.   Financial assurance for transitional authority (SAA)
   616J.   Effect of financial assurance on security
   616K.   Plan of operations
   616L.   First anniversary day for transitional authority (SAA)
   616M.   End of transitional authority (SAA)

              Subdivision 5 - Applications for new authorities

   616N.   Application of sdiv 5
   616O.   Application of current Act to new authority application
   616P.   No public notice or EIS requirement for particular new authority application
   616Q.   Reference to State government agreement includes particular rights

              Subdivision 6 - Amendment of transitional authorities (SAA) for conversion to new authorities

   616R.   Application of sdiv 6
   616S.   Application of current Act to amendment application
   616T.   No public notice or EIS requirement for particular amendment applications
   616U.   Reference to State government agreement includes particular rights
   616V.   Consolidation of conditions for same mining project

              Subdivision 7 - Amendment of transitional authorities (SAA) other than by application

   616W.   Additional grounds for amendment by administering authority
   616X.   Ministerial power to amend

              Subdivision 8 - Provisions for chapter 4 activities

   616Y.   Application of sdiv 8
   616Z.   Continuing effect of environmental authority as a registration certificate and development approval
           616ZA . Additional ground for changing or cancelling development conditions
           616ZB . End of environmental authority
           616ZC . Administering authority may issue replacement documents

              Subdivision 9 - Other matters

           616ZCA . Continuing effect of particular environmental authorities
           616ZCB . Validation of particular development approvals and registration certificates

           Division 8 - Miscellaneous provision

           616ZD . Requirement to seek advice from MRA chief executive

   PART 3 - VALIDATION PROVISION FOR ENVIRONMENTAL PROTECTION AND ANOTHER ACT AMENDMENT ACT 2002

   617.    Validation of particular environmental authorities

   PART 4 - TRANSITIONAL PROVISION FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2002

   618.    Section 318A does not apply for transitional authority

   PART 5 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION LEGISLATION AMENDMENT ACT 2003

   619.    Continuing effect of particular environmental authorities
   620.    Additional ground for changing or cancelling development conditions
   621.    Administering authority may issue replacement documents
   622.    (Repealed)
   623.    Effect of commencement on level 1 approvals for particular environmentally relevant activities
   624.    Effect of commencement on particular approvals
   625.    Effect of commencement on applications for development approvals for level 2 environmentally relevant activities
   626.    Effect of commencement on particular applications in progress
   627.    Effect of commencement on development approval applications in progress
   628.    Effect of commencement on particular actions in progress
   629.    (Repealed)
   630.    Continuing operation of s 611 (Unfinished applications under existing Act)

   PART 6 - TRANSITIONAL PROVISIONS FOR PETROLEUM AND OTHER LEGISLATION AMENDMENT ACT 2004

   631.    Financial assurance if security for related petroleum authority is monetary
   632.    Financial assurance if security for related petroleum authority is non-monetary
   633.    Effect of financial assurance on the security
   634.    Amendment of financial assurance condition under this part

   PART 7 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2004

           Division 1 - Original provisions

              Subdivision 1 - Preliminary

   635.    Definitions for div 1

              Subdivision 2 - Provisions for former integrated authorities

   636.    Application of sdiv 2
   637.    Continuing status of each constituent part as an environmental authority
   638.    Re-issuing of environmental authorities if they do not form a single mining or petroleum project

              Subdivision 3 - Other provisions

   639.    Environmental authorities under old chapter 4A
   640.    Applications in progress under old chapter 4A
   641.    Existing environmental management documents

           Division 2 - Provisions inserted under Environmental Protection and Other Legislation Amendment Act 2007

   641A.   Definition for div 2
   641B.   Non-standard environmental authority taken to be environmental authority for level 1 mining project
   641C.   Standard environmental authority taken to be environmental authority for level 2 mining project

   PART 8 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005

   642.    EISs currently undergoing EIS process
   643.    Transitional provision for amended ss 619 and 624

   PART 9 - TRANSITIONAL PROVISION FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2007

   644.    References to environmental management programs or draft programs

   PART 10 - SAVINGS PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2008

   645.    Definition for pt 10
   646.    Accrediting entity for s 440ZL

   PART 11 - TRANSITIONAL PROVISIONS FOR GREENHOUSE GAS STORAGE ACT 2009

           Division 1 - Preliminary

   647.    Definitions for div 1

           Division 2 - Provisions for Zerogen

   648.    New environmental authority for Zerogen’s converted GHG permits
   649.    New environmental authority for Zerogen’s new GHG permit

           Division 3 - Provisions for replacement of former chapter 4A with chapter 5A

   650.    References to former chapter 4A
   651.    Environmental authorities (petroleum activities) other than converted authorities
   652.    References to environmental authorities (petroleum activities) and their levels
   653.    Migration of undecided applications
   654.    Migration of decisions and documents
   655.    Migration of outstanding appeals

   PART 12 - (Repealed)

   PART 13 - TRANSITIONAL PROVISIONS FOR GREAT BARRIER REEF PROTECTION AMENDMENT ACT 2009

   657.    Deferral of automatic ERMP requirement for existing agricultural ERAs
   658.    Provision for appeals for ch 4

   PART 14 - TRANSITIONAL PROVISION FOR SUSTAINABLE PLANNING ACT 2009

   659.    Continuing application of ch 4, pt 1

   PART 15 - TRANSITIONAL PROVISIONS FOR SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) AND OTHER LEGISLATION AMENDMENT ACT 2010

   660.    Definitions for pt 15
   661.    Temporary prohibition on constructing CSG evaporation dams under existing CSG authority
   662.    Revised (CSG) EM plan required for existing CSG authority
   663.    First annual return for existing CSG authority

   PART 16 - TRANSITIONAL PROVISIONS FOR GEOTHERMAL ENERGY ACT 2010

   664.    Deferral of requirement for environmental authority for existing authorised geothermal activities
   665.    Deferral of requirement for environmental authority for Birdsville geothermal lease

   PART 17 - TRANSITIONAL PROVISIONS FOR THE ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2011

   666.    Definitions for pt 17
   667.    Existing EISs
   668.    Existing application for registration to carry out chapter 4 activity
   669.    Registration to carry out chapter 4 activity
   670.    Existing non-code compliant application for a level 1 mining project
   671.    Existing draft transitional environmental programs
   672.    Transitional environmental programs
   673.    Existing application for disclosure exemption
   674.    Existing reviews and appeals about disclosure exemptions
   675.    Existing disclosure exemptions

   PART 18 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION (GREENTAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2012

           Division 1 - Preliminary

   676.    Definitions for pt 18

           Division 2 - Provisions for chapter 4 activities

              Subdivision 1 - Non-transitional ERAs

   676A.   Environmentally relevant activity may be prescribed as non-transitional ERA

              Subdivision 2 - Chapter 4 activities that are not transitioned

   676B.   Application of sdiv 2
   676C.   Continuing effect of unamended Act for non-transitional ERA

              Subdivision 3 - Chapter 4 activities that are transitioned

   676D.   Application of sdiv 3
   677.    Continuing effect of existing development permit for chapter 4 activity as environmental authority
   678.    Existing development application for chapter 4 activity
   678A.   Application to convert particular existing conditions into environmental authority
   678B.   Requirements for conversion application
   678C.   Criterion for decision
   678D.   Grant of environmental authority for conversion
   678E.   When environmental authority takes effect
   678F.   Notice of decision
   679.    Continuing effect of existing UDA development approval for chapter 4 activity as environmental authority
   680.    Continuing effect of existing registration certificate as environmental authority
   681.    Existing application for registration to carry out chapter 4 activity

           Division 3 - Provisions for environmental authorities (mining activities)

   682.    Continuing effect of existing environmental authority (mining activities) as environmental authority
   683.    Effect of commencement on particular applications
   684.    Existing progressive certification
   685.    Existing application for progressive certification
   686.    Existing surrender notice
   687.    Existing audit notices
   688.    Existing appointment of auditor
   689.    Existing notice of proposed amendment, cancellation or suspension of environmental authority

           Division 4 - Provisions for other environmental authorities

   690.    Continuing effect of existing environmental authority (chapter 5A activities) as environmental authority
   691.    Existing application for environmental authority (chapter 5A activities))
   692.    Existing surrender notice
   693.    Existing notice of proposed amendment, cancellation or suspension of environmental authority

           Division 5 - Transitional authorities for environmentally relevant activities

   694.    Definition for div 5
   695.    Application to convert conditions of transitional authority to standard conditions
   696.    Requirements for conversion application
   697.    Deciding conversion application
   698.    Steps after making decision

           Division 5A - Suspended activities

   698A.   Application of div 5A
   698B.   Application to convert surrender of registration certificate to suspension of environmental authority
   698C.   Application of ch 5, pt 11A, divs 2 to 4 to conversion application
   698D.   Effect of conversion

           Division 6 - Financial assurance

   699.    Existing financial assurance requirement

           Division 7 - Provisions about codes of practice

   700.    Existing codes of practice

           Division 8 - Provisions about environmental management plans

   701.    Conditions about environmental management plans for particular environmental authorities

           Division 9 - Provisions about plans of operations

   702.    Existing plan of operations
   703.    Plan of operations for environmental authority for petroleum activity that relates to petroleum lease

           Division 10 - Miscellaneous provisions

   704.    Existing application to change anniversary day
   705.    Particular persons taken to be registered suitable operator
   706.    Effect of proposed standard environmental conditions prepared before commencement of amending Act
   707.    Deferment of application of s 426 to newly prescribed ERAs
   707A.   Eligibility criteria and standard conditions for particular environmentally relevant activities
   707B.   (Repealed)
   708.    References to chapter 4 activity, development approval or registration certificate
   709.    References to former chapters 5 and 5A
   710.    References to former terms

   PART 19 - TRANSITIONAL PROVISIONS FOR THE MINING AND OTHER LEGISLATION AMENDMENT ACT 2013

   711.    Provision about cancellation of environmental authority
   712.    Provision about financial assurance

   PART 20 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL OFFSETS ACT 2014

   713.    Continued effect to make payment
   714.    Environmental offset conditions
   715.    (Repealed)

   PART 21 - SAVING AND TRANSITIONAL PROVISIONS FOR STATE DEVELOPMENT, INFRASTRUCTURE AND PLANNING (RED TAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2014

   715A.   Definition for pt 21
   715B.   (Repealed)
   715C.   (Repealed)
   715D.   Applications for environmental authorities and amendment applications for particular resource activities
   716.    (Repealed)

   PART 22 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014

   717.    Contraventions of s 427 before its repeal
   719.    Pre-amended Act continues to apply for particular mining leases

   PART 23 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2014

           Division 1 - Preliminary

   720.    Definitions for pt 23

           Division 2 - Transitional provisions for amendments commencing on assent

   721.    Submission of EIS
   722.    Decision on whether EIS may proceed
   723.    Proponent may resubmit EIS
   724.    Assessment of adequacy of response to submission and submitted EIS
   725.    Suspension application
   726.    ERA standards

           Division 3 - Transitional provisions for amendments commencing by proclamation

              Subdivision 1 - General amendments

   727.    Applicant may elect for particular application to be dealt with as standard application or variation application
   728.    Applicant may elect for particular requirements to apply to particular application
   729.    Applicant may elect for particular requirements to apply to site-specific applications—CSG activities
   730.    Conditions that must be imposed on particular applications

              Subdivision 2 - Amendments related to replacement of former chapter 7, part 8

   731.    Definition for sdiv 2
   732.    Continuing effect of registration of land
   733.    Provision for land recorded under repealed Act
   734.    Continuing effect of notices given under former chapter 7, part 8
   735.    Continuing effect of site management plan made under former chapter 7, part 8
   736.    Particular existing applications
   737.    Applications for approval of draft site management plans
   738.    Notice to purchaser
   739.    Disposal permits

   PART 24 - TRANSITIONAL PROVISIONS FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016

   740.    Definitions for part
   741.    Existing development application relating to prescribed ERA
   742.    Compliance permits given under repealed Planning Act
   743.    Existing development condition requiring a transitional environmental program

   PART 25 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION (CHAIN OF RESPONSIBILITY) AMENDMENT ACT 2016

           743A . Definitions for part
   744.    Amendment of environmental authority because of particular pre-commencement matter
   745.    Decision about related persons based on particular pre-commencement matters
   746.    Extension of power to issue environmental protection orders to particular persons
   747.    Requirements under environmental protection orders may relate to past matters

   PART 26 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION (UNDERGROUND WATER MANAGEMENT) AND OTHER LEGISLATION AMENDMENT ACT 2016

           748 . Particular applications made but not decided before commencement
           749 . Administering authority to make decision on s 683 applications

   PART 27 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES (FINANCIAL PROVISIONING) ACT 2018

   750.    Definitions for part
   751.    Pre-amended Act applies to mining EA applicants
   752.    Existing plan of operations for petroleum lease
   753.    Plan of operations for mining lease
   754.    Requirement for mining EA holders to give proposed PRC plan
   755.    Administering authority must assess proposed PRC plan
           755A . Application of requirement for public interest evaluation for application stage
           755B . Application of notification stage
   756.    Administering authority may amend environmental authority
   757.    Applications for decision about amount and form of financial assurance
   758.    When existing condition requiring financial assurance ends
   759.    Claiming on or realising financial assurance started before the commencement
   760.    Existing applications to amend or discharge financial assurance
   761.    ERC decisions for environmental authorities for resource activities
   762.    ERC decisions for environmental authorities for resource activities if s 761 does not apply
   763.    Application of s 298 before PRC plan is in force
   764.    Application of s 21A of amended Act
   765.    Transfer of funds
   766.    Transitional regulation-making power
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           FIGURE


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