Original source · versioned page text
P-EA-100527093 - EA Permit - Noosa Shire Council - 20231108 (3)
Attached to the e-mail MCU23/0039 & OPW23/0052 - SARA concurrence agency response.
Permit
Environmental authority P-EA-100527093
Additional information for applicants
Environmentally relevant activities
The description of any environmentally relevant activity (ERA) for which an environmental authority (EA) is
issued is a restatement of the ERA as defined by legislation at the time the EA is issued. Where there is any
inconsistency between that description of an ERA and the conditions stated by an EA as to the scale, intensity
or manner of carrying out an ERA, the conditions prevail to the extent of the inconsistency.
An EA authorises the carrying out of an ERA and does not authorise any environmental harm unless a condition
stated by the EA specifically authorises environmental harm.
A person carrying out an ERA must also be a registered suitable operator under the Environmental Protection
Act 1994 (EP Act).
Contaminated land
It is a requirement of the EP Act that an owner or occupier of contaminated land give written notice to the
administering authority if they become aware of the following:
• the happening of an event involving a hazardous contaminant on the contaminated land (notice must be
given within 24 hours); or
• a change in the condition of the contaminated land (notice must be given within 24 hours); or
• a notifiable activity (as defined in Schedule 3) having been carried out, or is being carried out, on the
contaminated land (notice must be given within 20 business days) that is causing, or is reasonably likely
to cause, serious or material environmental harm.
For further information, including the form for giving written notice, refer to the Queensland Government website
www.qld.gov.au, using the search term ‘duty to notify’.
Take effect
Please note that, in accordance with section 200 of the EP Act, an EA has effect:
a) if the authority is for a prescribed ERA and it states that it takes effect on the day nominated by the
holder of the authority in a written notice given to the administering authority – on the nominated day; or
b) if the authority states a day or an event for it to take effect – on the stated day or when the stated event
happens; or
c) otherwise – on the day the authority is issued.
However, if the EA is authorising an activity that requires an additional authorisation (a relevant tenure for a
resource activity, a development permit under the Planning Act 2016 or an SDA Approval under the State
Development and Public Works Organisation Act 1971), this EA will not take effect until the additional
authorisation has taken effect.
If this EA takes effect when the additional authorisation takes effect, you must provide the administering
authority written notice within 5 business days of receiving notification of the related additional authorisation
taking effect.
The anniversary day of this environmental authority is the same day each year as the effective date. The
payment of the annual fee will be due each year on this day.
If you have incorrectly claimed that an additional authorisation is not required, carrying out the ERA without the
additional authorisation is not legal and could result in your prosecution for providing false or misleading
information or operating without a valid environmental authority.
Page 2 of 18 • ESR/2016/3415 • Version 3.00 • Last reviewed: 29 MAR 2023 Department of Environment and Science
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