Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 701

701 Conditions about environmental management plans for particular environmental authorities

(1) This section applies if—

(a) an old authority becomes, under section 682 or 690, an environmental authority under chapter 5 (the
"new authority" ); and

(b) either—

(i) the old authority had a condition requiring compliance with an environmental management plan; or

(ii) an environmental management plan for the old authority states environmental protection commitments for rehabilitation of the land to be disturbed under each relevant resource tenement.

(2) The administering authority may amend the new authority to impose conditions consistent with the environmental management plan.

(3) However, the amendment may only be made if—

(a) the procedure under chapter 5, part 6, division 2 is followed or the holder of the authority has agreed in writing to the amendment; and

(b) the amendment is made within the later of the following periods—

(i) 2 years after the commencement; or

(ii) 2 years after the environmental authority takes effect.

(4) Section 221 applies to the amendment as if the amendment was made under chapter 5, part 6.

(5) This section does not apply if a conversion application is made for the environmental authority under section 695.

(6) In this section—

"environmental management plan" means an environmental management plan under the unamended Act, schedule 4.

"old authority" means any of the following under the unamended Act—

(a) an environmental authority (exploration);

(b) an environmental authority (mineral development);

(c) an environmental authority (mining lease);

(d) an environmental authority (prospecting);

(e) an environmental authority (mining claim);

(f) an environmental authority (chapter 5A activities).