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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 594
Limited application of s 426 for transitional authority
(1) Section 426 does not apply to a person carrying out an
existing mining activity under a mining tenement that is not authorised under
a transitional authority if the holder of a transitional authority has— (a)
made a relevant amendment application and the application has not been
decided; or
(b) given the administering authority notice of the activity (
"activity notice" ) and no more than 30 days have passed since the notice was
given.
(2) However, an activity notice can not be given if an activity notice
has already been given for the activity or another activity that is
substantially the same as the activity.
(3) An activity notice must state—
(a) the mining tenement under which the existing activity is being carried
out; and
(b) the nature of the activity; and
(c) that the activity is not
authorised under the conditions of the transitional authority.
(4) To remove
any doubt, it is declared that this section does not limit the application of
sections 430 and 431 to the transitional authority.
(5) In this section—
"relevant amendment application" means an application to amend the
transitional authority that, if granted, would allow the carrying out of the
activity under the authority.
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