MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                  [s 210]

              environmental offset condition may require the holder to
              comply with the agreement.
        (4)   The environmental authority holder may enter into an
              agreement with the administering authority or another entity
              to establish the obligations, or secure the performance, of a
              party to the agreement about a condition.
        (5)   A reference in subsection (3) or (4) to the holder of an
              environmental authority entering into an agreement includes
              the holder entering into an agreement before the
              environmental authority is issued.

210      Inconsistencies between particular conditions
        (1)   Subsection (2) applies if—
              (a)    an environmental authority contains conditions
                     identified in the authority as standard conditions and
                     other conditions (the non-standard conditions); and
              (b)    there is any inconsistency between the standard
                     conditions and the non-standard conditions.
        (2)   The non-standard conditions prevail to the extent of the
              inconsistency.
        (3)   Subsection (4) applies if there is any inconsistency between—
              (a)    a native title issues condition; and
              (b)    a condition of an environmental authority.
        (4)   The native title issues condition prevails to the extent of the
              inconsistency.
        (5)   In this section—
              native title issues condition means a condition imposed or
              made under, or as part of, the native title issues decision under
              the Mineral Resources Act.




Current as at 20 February 2014                                                 Page 153