MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
              Chapter 5 Environmental authorities and environmentally relevant activities
                          Part 7 Amendment of environmental authorities by application

                                                                                  [s 231]

              (a)    there is likely to be a substantial increase in the risk of
                     environmental harm under the amended environmental
                     authority; and
              (b)    the risk is the result of a substantial change in—
                     (i)   the quantity or quality of contaminant permitted to
                           be released into the environment; or
                     (ii) the results of the release of a quantity or quality of
                          contaminant permitted to be released into the
                          environment.
        (3)   Without limiting subsection (2)(b), each of the following is
              taken to be a substantial change—
              (a)    an increase of 10% or more in the quantity of a
                     contaminant to be released into the environment;
              (b)    if the amendment application is for an environmental
                     authority for a resource project, an amendment to add an
                     ineligible ERA for the authority.
        (4)   If a notice given under section 229 includes a statement under
              subsection (2), the notice must also state the reasons for the
              decision.


Division 4                  Process if proposed amendment is
                            a major amendment

231      Application of div 4
              This division applies if the assessment level decision for an
              amendment application is that the proposed amendment is a
              major amendment.

232      Relevant application process applies
        (1)   Parts 3 to 5 apply to the amendment application as if it were a
              site-specific application.


Current as at 20 February 2014                                                 Page 167