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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 10 Surrender of environmental authorities

                                                                                    [s 260]

260      Failure to comply with surrender notice
              The holder of an environmental authority to whom a surrender
              notice has been given must comply with the notice unless the
              holder has a reasonable excuse.
              Maximum penalty—100 penalty units.

261      Surrender may be partial
        (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 approve a surrender
              application for a part of the environmental authority.
              Examples for subsection (2)—
                 1   An environmental authority relates to a mining claim and a mining
                     lease. Under the Mineral Resources Act, the holder of the authority
                     seeks to surrender the mining lease. The holder may, under this
                     part, seek to surrender that part of the authority that relates to the
                     mining lease.
                 2   An environmental authority relates to 1 mining tenure. Under the
                     Mineral Resources Act, the holder of the tenure may seek to
                     surrender part of the tenure. The holder of the authority may, under
                     this part, seek to surrender that part of the authority that relates to
                     the part of the resource tenure to be surrendered.


Division 2                  Surrender applications

262      Requirements for surrender application
        (1)   A surrender application must—
              (a)    be in the approved form; and
              (b)    be supported by enough information to allow the
                     administering authority to decide the application; and
Current as at 20 February 2014                                                   Page 183
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