MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
              Chapter 5 Environmental authorities and environmentally relevant activities
                                                             Part 12 General provisions

                                                                                  [s 290]

                     (ii) that the original plan is replaced; and
              (b)    is accompanied by—
                     (i)   for a replacement—the replacement plan; and
                     (ii) a compliance statement for the original plan, as
                          amended, or for the replacement plan; and
                     (iii) the fee prescribed under a regulation.
        (3)   The compliance statement must comply with section 288(3).
        (4)   The holder’s plan of operations is taken to be the original
              plan, as amended from time to time by any amendment under
              this section.
        (5)   However, an amendment can not extend the plan period.
        (6)   The original plan ceases to apply if it is replaced.
        (7)   A replacement plan may apply for a period of no more than 5
              years from when notice of it is given under this section.

290      Failure to comply with plan of operations
              The environmental authority holder must, when carrying out
              an activity under the relevant lease, comply with the plan of
              operations.
              Maximum penalty—100 penalty units.

291      Environmental authority overrides plan
        (1)   This section applies if there is any inconsistency between the
              environmental authority and a plan of operations.
        (2)   The authority prevails to the extent of the inconsistency.
        (3)   The environmental authority holder must, within 15 business
              days after the holder becomes aware of the inconsistency,
              amend the plan to remove the inconsistency.
              Maximum penalty for subsection (3)—100 penalty units.


Current as at 20 February 2014                                                 Page 205