MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                  [s 305]

305      Deciding application
        (1)   The administering authority must, within the relevant
              period—
              (a)    approve or refuse the application; and
              (b)    if the decision is to refuse the application—give the
                     applicant an information notice about the decision.
        (2)   If the administering authority is deciding an application to
              amend the amount or form of financial assurance, the
              authority must consider the criteria mentioned in section
              295(3).
        (3)   Despite subsection (1), the authority may only approve an
              application to discharge a financial assurance if the authority
              is satisfied no claim is likely to be made on the assurance.
        (4)   Subsection (5) applies if the application is to amend or
              discharge financial assurance and either—
              (a)    if the application relates to an environmental authority
                     for a prescribed ERA—the application was made
                     because of a transfer application for the authority; or
              (b)    if the application relates to an environmental authority
                     for a resource activity or to a small scale mining
                     tenure—the application was made because of a transfer
                     application under resource legislation for the relevant
                     tenure.
        (5)   Despite subsection (1), the administering authority may
              withhold making a decision under subsection (1) until—
              (a)    the transfer application has been approved; and
              (b)    any financial assurance for the environmental authority
                     or small scale mining tenure required to be given by the
                     new holder of the authority or tenure has been given;
                     and
              (c)    the transfer has taken effect.
        (6)   In this section—


Current as at 20 February 2014                                                 Page 213