MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
              Chapter 5 Environmental authorities and environmentally relevant activities
                                                              Part 2 Application stage

                                                                                  [s 120]

        (2)   The holder of the authority can not apply for a separate
              environmental authority for additional activities proposed to
              be carried out as part of the project.
        (3)   Subsection (2) applies whether or not the additional activity is
              a resource activity that is proposed to be carried out under
              another relevant tenure as part of the project.
        (4)   This section does not prevent the holder from applying to
              amend or transfer the environmental authority, or amalgamate
              the authority with another authority of the holder.

120      Application for environmental authority can not be made
         in particular circumstances
        (1)   An application for an environmental authority for a prescribed
              ERA can not be made if, under the Planning Act—
              (a)    a development permit for a material change of use of
                     premises relating to the activity is necessary under the
                     Planning Act for the carrying out of the activity; and
              (b)    a development application for the development permit
                     has not been made under the Planning Act.
        (2)   Also, an application for an environmental authority can not be
              made if—
              (a)    it is for a prescribed ERA that is an extractive activity;
                     and
              (b)    it relates to the North Stradbroke Island Region; and
              (c)    it involves dredging or extracting more than 10000
                     tonnes of material a year.
        (3)   Also, an application for an environmental authority for a
              prescribed ERA can not be made if—
              (a)    the activity is to be carried out on a parcel of land within
                     a State development area; and
              (b)    under the State Development Act, the approved
                     development scheme for the area does not state a
                     particular use for the parcel of land; and
Current as at 20 February 2014                                                 Page 105