MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
              Chapter 5 Environmental authorities and environmentally relevant activities
                                         Part 10 Surrender of environmental authorities

                                                                                  [s 258]

              mining tenure will not apply if the conditional surrender is
              approved.
        (4)   Subsection (5) applies if a relevant tenure for the
              environmental authority is to be surrendered under resource
              legislation.
        (5)   A surrender application for the authority may only be made if
              an application to surrender the relevant tenure is also made
              under resource legislation.
        (6)   Subsections (3) and (5) apply despite subsection (1).
        (7)   In this section—
              conditional surrender, of a mining tenure, means a surrender
              in relation to the tenure of a type mentioned in the Mineral
              Resources Act, section 107(7), 161(4), 210(13) or 309(12).

258      Notice by administering authority to make surrender
         application
        (1)   This section applies for an environmental authority for—
              (a)    a mining activity; or
              (b)    a petroleum activity; or
              (c)    a geothermal activity.
        (2)   The administering authority may, by written notice (a
              surrender notice), require the holder of the environmental
              authority to make a surrender application if—
              (a)    a relevant tenure for the authority is cancelled; or
              (b)    a relevant tenure for the authority is, according to its
                     provisions, to end other than by cancellation; or
              (c)    if the authority is for a petroleum activity—the area of a
                     relevant tenure for the authority is reduced under a
                     requirement of noncompliance action taken under
                     resource legislation; or
              (d)    part of the area of a relevant tenure for the authority is
                     relinquished, other than under a requirement of
Current as at 20 February 2014                                                 Page 181