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MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 233]

          (2)   Despite subsection (1), part 4 only applies to an amendment
                application for an environmental authority for a resource
                activity, other than a mining activity, if the notice given under
                section 229 states that it applies.
          (3)   The provisions applied under this section apply—
                (a)   as if a reference in sections 144 and 151 to the end of the
                      application stage were a reference to the day notice of
                      the assessment level decision is given; and
                (b)   with any other necessary changes; and
                (c)   subject to subsection (4) and sections 233 to 235.
          (4)   To remove any doubt, it is declared that a submission made
                under section 160, as applied under subsection (1)—
                (a)   may be made about an existing provision of the
                      environmental authority only to the extent the provision
                      is proposed to be amended under the amendment
                      application; and
                (b)   can not be made about activities carried out under the
                      environmental authority before the deciding of the
                      amendment application.

233        Public notice of amendment application
          (1)   This section, and not section 152, applies for publication of
                the application notice for an amendment application if—
                (a)   the amendment application is for an environmental
                      authority for a mining activity authorised under a
                      mining lease; and
                (b)   there is no certificate of public notice under the Mineral
                      Resources Act, section 252A, for a relevant mining
                      lease for the amendment application.
          (2)   Before the day that is 10 business days after the end of the
                information stage for the amendment application, the
                applicant must—
                (a)   give the application notice to—
Page 168                                                  Current as at 20 February 2014
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