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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 616G
Limited application of s 426 for transitional authority (SAA)
(1) Section 426 does not apply to a person carrying out an SAA mining activity
that is not authorised under a transitional authority (SAA) if— (a) the
person was carrying out the activity immediately before the commencement; and
(b) either— (i) the holder of the authority has made a
relevant amendment application or a relevant new application about the
activity under the authority and the application has not been decided; or
(ii) the holder of the authority has given the administering authority notice
of the activity (an
"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 lease or agreement under which the 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 authority.
(4) To remove any doubt, it
is declared that this section does not limit the application of sections 430
and 431 to the holder of the authority.
(5) In this section—
"relevant amendment application" , about an SAA mining activity under a
transitional authority (SAA), means an application to amend the authority
that, if granted, would allow the carrying out of the activity under the
transitional authority (SAA).
"relevant new application" , about an SAA mining activity under a
transitional authority (SAA), means an application under the current Act for
an environmental authority (mining activities) for a level 1 mining project,
that, if granted, would allow the carrying out of the activity under the
environmental authority (mining activities).
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