Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 269

269 Restrictions on giving approval

(1) The administering authority may only approve a surrender application if—

(a) the authority is satisfied the conditions of the environmental authority have been complied with; and

(b) if the environmental authority is subject to conditions requiring rehabilitation, and a PRCP schedule does not apply for a relevant activity under the environmental authority—

(i) the authority is satisfied the land on which each relevant activity for the environmental authority has been carried out has been satisfactorily rehabilitated; or

(ii) the authority has issued a transitional environmental program and it is satisfied the land will be satisfactorily rehabilitated under the program; and

(c) if a PRCP schedule applies for carrying out a relevant activity under the environmental authority—the administering authority is satisfied the rehabilitation milestones and management milestones under the schedule have been met; and

(d) if a regulation has prescribed another circumstance for this section—the administering authority is satisfied of the circumstance.

(2) Despite subsection (1) (b) , the administering authority may approve a surrender application for an environmental authority that relates to land in an overlapping area if—

(a) the administering authority is satisfied compliance with a rehabilitation condition of the environmental authority, or a PRCP schedule, is impossible or impractical due to the carrying out of an overlapping prescribed resource activity in the area; and

(b) an environmental authority or PRCP schedule for the overlapping prescribed resource activity has been amended to include a condition equivalent to the rehabilitation condition of the environmental authority to be surrendered.