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 272]

          (2)   The administering authority may, by written notice, require
                the applicant to pay it a stated amount within a stated
                reasonable period for the residual risks of the area the subject
                of the environmental authority (the relevant area).
          (3)   A requirement under subsection (2) is a residual risks
                requirement.
          (4)   If a progressive certification has previously been given for a
                relevant tenure for the environmental authority, the
                administering authority must, in deciding to require the
                payment—
                (a)   confirm that the area still meets the criteria under
                      section 318ZI against which it was certified; and
                (b)   take into account any previous payment for the
                      progressive certification.
                      Note—
                            See chapter 5A (General provisions about environmentally
                            relevant activities), part 6 (Progressive rehabilitation), division 2
                            (Payment for residual risks of rehabilitation).


272        Criteria for decision to make residual risks requirement
                The administering authority may make a residual risks
                requirement for the surrender application only if it is satisfied
                the requirement is justified having regard to—
                (a)   the degree of risk of environmental harm likely to
                      happen if the relevant area is managed under the
                      relevant requirements of this Act and instruments made
                      under it; and
                (b)   the likelihood of action being needed to—
                      (i)      reinstate rehabilitation that fails to establish a safe,
                               stable and self-sustaining ecosystem; or
                      (ii) maintain environmental management processes
                           needed to protect the environment; or



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