Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 225

225 Amendment application can not be made in particular circumstances

(1) Despite section 224 , an amendment application for an environmental authority for a prescribed ERA can not be made if—

(a) the proposed amendment involves changes to the relevant activity; and

(b) a development permit for a material change of use of premises is necessary under the Planning Act for the carrying out of the changed activity; and

(c) neither of the following applications has been made under the Planning Act —

(i) a development application for a development permit mentioned in paragraph (b) ;

(ii) a change application to change a development permit to authorise a material change of use of premises in relation to the changed activity.

(2) Also, despite section 224 , an amendment application for an environmental authority can not be made if—

(a) the proposed amendment is to add an environmentally relevant activity; and

(b) if the amendment application were approved, the addition of the activity would result in the environmental authority applying to activities that were not being carried out as an ERA project.

(3) In addition, despite section 224 , if the holder relied on section 125 (8) in the application for the environmental authority, an application can not be made to extend the term of the authority.