MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                  [s 293]

293      New holder must give financial assurance before
         acting under environmental authority or small scale
         mining tenure
        (1)   This section applies if—
              (a)    a condition of an environmental authority or a
                     prescribed condition requires the holder of the authority
                     or a small scale mining tenure to give the administering
                     authority financial assurance; and
              (b)    any of the following apply—
                     (i)   the environmental authority is for a prescribed
                           ERA and a transfer application for the transfer of
                           the authority is approved;
                     (ii) the environmental authority is for a resource
                          activity and the holder of the relevant tenure for the
                          authority changes;
                     (iii) the holder of the small scale mining tenure
                           changes.
        (2)   The new holder of the environmental authority or small scale
              mining tenure must not carry out, or allow the carrying out of,
              an activity under the environmental authority or tenure unless
              the financial assurance has been given to the administering
              authority.
              Maximum penalty—1665 penalty units.


Subdivision 2               Amount and form of financial
                            assurance for environmental
                            authorities

294      Application for decision about amount and form of
         financial assurance
        (1)   This section applies if a condition requiring financial
              assurance is imposed on an environmental authority, other


Current as at 20 February 2014                                                 Page 207