Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 761

761 ERC decisions for environmental authorities for resource activities

(1) This section applies in relation to an environmental authority for a resource activity in force on the commencement, if—

(a) before the commencement, a notice about the amount and form of financial assurance was given to the holder of the authority under the pre-amended Act, section 296; or

(b) if section 757 applies to the environmental authority—a notice about the amount and form of financial assurance is given to the holder of the authority for a resource activity.

(2) On the relevant day for the environmental authority, an ERC decision is taken to have been made for the resource activity under the amended Act, section 300.

(3) For applying the amended Act, chapter 5, part 14—

(a) the estimated rehabilitation cost under the ERC decision is taken to be the amount of the financial assurance for the environmental authority decided by the administering authority under the pre-amended Act, section 295; and

(b) subject to subsection (5), the ERC period for the ERC decision is taken to be the period starting on the relevant day for the environmental authority, and ending on—

(i) if the resource activity relates to a mining lease—the day the holder’s plan of operations, continued under section 753, ends; or

(ii) if the resource activity relates to a petroleum activity for an ineligible ERA or a 1923 Act petroleum tenure granted under the Petroleum Act 1923 —the day that is 3 years after the relevant day or, if the plan period for the holder’s plan of operations for the activity ends earlier, the day the plan period ends; or

(iii) otherwise—the day all resource activities carried out under the environmental authority have ended.

(4) The administering authority must, as soon as practicable after the relevant day for the environmental authority, comply with section 301 in relation to the ERC decision.

(5) If the notice given under section 301 states that the ERC period for the ERC decision ends on a day that is later than the day mentioned in subsection (3)(b) for the environmental authority, the ERC period ends on the day stated in the notice.

(6) The amended Act, section 297 applies in relation to the environmental authority on and from the relevant day for the authority.

(7) In this section—

"relevant day" , for an environmental authority, means—

(a) if, before the commencement, a notice was given to the holder of the authority about the amount and form of financial assurance under the pre-amended Act, section 296—the commencement; or

(b) if section 757 applies to the environmental authority—the day a notice of a decision about the amount and form of financial assurance is given to the holder of the authority.