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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 257
Who may apply for surrender
257 Who may apply for surrender
(1) The holder of an environmental authority may apply to the administering
authority to surrender the environmental authority (a
"surrender application" ).
(2) Subsection (3) applies if— (a) the
environmental authority relates to a mining activity; and
(b) under the
Mineral Resources Act , the holder of the environmental authority has sought a
conditional surrender of all or part of a relevant mining tenure.
(3) A
surrender application may only be made for the part of the environmental
authority relating to land to which a new mining tenure will not apply if the
conditional surrender is approved.
(4) Subsection (5) applies if a relevant
tenure for the environmental authority is to be surrendered under resource
legislation.
(5) A surrender application for the authority may only be made
if an application to surrender the relevant tenure is also made under resource
legislation.
(6) Subsections (3) and (5) apply despite subsection (1) .
(7)
In this section—
"conditional surrender" , of a mining tenure, means a surrender in relation to
the tenure of a type mentioned in the Mineral Resources Act , section 107 (7)
, 161 (4) , 210 (13) or 309 (12) .
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