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 270]

              (b)    if the environmental authority is subject to conditions
                     requiring rehabilitation—
                     (i)   the authority is satisfied the land on which each
                           relevant activity for the environmental authority
                           has been carried out has been satisfactorily
                           rehabilitated; or
                     (ii) the authority has approved a transitional
                          environmental program and it is satisfied the land
                          will be satisfactorily rehabilitated under the
                          program; and
              (c)    if a regulation has prescribed another circumstance for
                     this section—the administering authority is satisfied of
                     the circumstance.

270      When application may be refused
        (1)   This section applies if—
              (a)    a surrender application for a partial surrender of an
                     environmental authority for an ERA project is made;
                     and
              (b)    if the application was approved, the environmental
                     authority would not apply to all remaining areas that
                     form the project.
        (2)   Without limiting sections 266(1) and 268, the administering
              authority may refuse the surrender application.


Division 6                  Residual risk requirements

271      Payment may be required for residual risks of
         rehabilitation
        (1)   This section applies for a surrender application for an
              environmental authority for a resource activity.



Current as at 20 February 2014                                                 Page 189