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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 226A
Requirements for amendment applications for environmental authorities
226A Requirements for amendment applications for environmental authorities
(1) If the amendment application is for the amendment of an environmental
authority, the application must also— (a) describe any development permits
in effect under the Planning Act for carrying out the relevant activity for
the authority; and
(b) state whether each relevant activity will, if the
amendment is made, comply with the eligibility criteria for the activity; and
(c) if the application states that each relevant activity will, if the
amendment is made, comply with the eligibility criteria for the
activity—include a declaration that the statement is correct; and
(d) state
whether the application seeks to change a condition identified in the
authority as a standard condition; and
(e) if the application relates to a
new relevant resource tenure for the authority that is an exploration permit
or GHG permit—state whether the applicant seeks an amended environmental
authority that is subject to the standard conditions for the relevant activity
or authority, to the extent it relates to the permit; and
(f) include an
assessment of the likely impact of the proposed amendment on the
environmental values, including— (i) a description of the
environmental values likely to be affected by the proposed amendment; and
(ii) details of emissions or releases likely to be generated by the proposed
amendment; and
(iii) a description of the risk and likely magnitude of
impacts on the environmental values; and
(iv) details of the management
practices proposed to be implemented to prevent or minimise adverse impacts;
and
(v) if a PRCP schedule does not apply for each relevant
activity—details of how the land the subject of the application will be
rehabilitated after each relevant activity ends; and
(g) include a
description of the proposed measures for minimising and managing waste
generated by amendments to the relevant activity; and
(h) include details of
any site management plan or environmental protection order that relates to the
land the subject of the application.
(2) Subsection (1) (f) does not apply
for an amendment application for an environmental authority if— (a)
either— (i) the process under chapter 3 for an EIS for the proposed
amendment has been completed; or
(ii) the Coordinator-General has evaluated
an EIS for the proposed amendment and there are Coordinator-General’s
conditions that relate to the proposed amendment; and
(b) an assessment of
the environmental risk of the proposed amendment would be the same as the
assessment in the EIS mentioned in paragraph (a) (i) or the evaluation
mentioned in paragraph (a) (ii) .
(3) Also, subsection (1) (a) , (d) , (e) ,
(f) , (g) and (h) does not apply to an application for a condition conversion.
(4) Despite subsection (1) (f) , (g) and (h) , if the amendment application is
for an environmental authority for the prescribed ERA mentioned in the
Environmental Protection Regulation 2019 , schedule 2 , section 13A — (a) it
need only include the matters mentioned in subsection (1) (f) (i) to (iv) ,
(g) and (h) to the extent the matters relate to fine sediment, or dissolved
inorganic nitrogen, entering the water of the Great Barrier Reef or
Great Barrier Reef catchment waters; and
(b) subsection (1) (f) (v) does not
apply for the amendment application.
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