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 269]

               (b)    subject to paragraph (a), consider each of the
                      following—
                      (i)    the application;
                      (ii) any monitoring results relating to the rehabilitated
                           area the subject of the application;
                      (iii) the final rehabilitation report for the environmental
                            authority;
                      (iv) the compliance statement for the environmental
                           authority, or the part of the environmental authority
                           the subject of the application;
                      (v) any advice given by the chief executive of the
                          MRA department under section 267;
                      (vi) another matter prescribed under an environmental
                           protection policy or a regulation; and
               (c)    if a progressive certification has been given for a
                      relevant tenure for the environmental authority—
                      (i)    confirm that the certified rehabilitated area for the
                             relevant tenure still meets the criteria under section
                             318ZI against which it was certified; and
                      (ii) if the confirmation is made—give full effect to the
                           certification; and
               (d)    if the environmental authority relates to land for which
                      particulars are or were recorded in the environmental
                      management register—consider whether or not the land
                      has been removed from the environmental management
                      register or the land has a site management plan approved
                      for it.

269        Restrictions on giving approval
               The administering authority may only approve a surrender
               application if—
               (a)    the authority is satisfied the conditions of the
                      environmental authority have been complied with; and
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