MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                  [s 203]


Division 6                  Conditions

203      Conditions generally
        (1)   The administering authority may only impose a condition on
              an environmental authority or draft environmental authority
              if—
              (a)    it considers the condition is necessary or desirable; and
              (b)    if the authority is for an application to which section 115
                     applies—the condition relates to the carrying out of the
                     relevant prescribed ERA.
        (2)   Despite subsection (1), if a regulatory requirement requires
              the administering authority to impose a condition on an
              environmental authority or draft environmental authority, the
              administering authority must impose the condition.
        (3)   Subsection (1) only applies for a proposed condition for an
              environmental authority given for a standard application if—
              (a)    the application relates to a mining lease; and
              (b)    a properly made submission was made for the
                     application; and
              (c)    the condition is not a standard condition for the relevant
                     activity or authority.

204      Conditions that must be imposed for standard or
         variation applications
        (1)   Subsection (2) applies for an environmental authority or draft
              environmental authority given for a standard or variation
              application.
        (2)   The administering authority must impose on the authority a
              condition requiring the holder of the authority to take all
              reasonable steps to ensure the relevant activity complies with
              the eligibility criteria for the activity.



Current as at 20 February 2014                                                 Page 149