Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 304

304 When holder must re-apply for ERC decision

(1) This section applies in relation to the holder of an environmental authority for a resource activity if—

(a) there is an increase in the likely maximum amount of disturbance to the environment as a result of the holder carrying out the resource activity; or

(b) there is a change relating to the carrying out of the resource activity that may result in an increase in the estimated rehabilitation cost for the activity; or

(c) the holder’s annual return given under section 316IA states there has been a change to the carrying out of the activity that may affect the estimated rehabilitation cost; or

(d) the administering authority approves an application to amalgamate the environmental authority with another environmental authority under section 247 .

(2) The holder must re-apply, under section 298 , for an ERC decision for the resource activity—

(a) if subsection (1) (a) or (b) applies—within 10 business days after the holder becomes aware of the increase or change; or

(b) if subsection (1) (c) applies—within 10 business days after the holder gives the annual return to the administering authority; or

(c) if subsection (1) (d) applies—within 10 business days after the administering authority amalgamates the environmental authorities under section 248 .

Penalty—

Maximum penalty—100 penalty units.