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MCU14/0028 Appendix 2 EnvProtAct 1994

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                                                    Environmental Protection Act 1994
                  Chapter 5A General provisions about environmentally relevant activities
                                                       Part 6 Progressive rehabilitation

                                                                               [s 318ZA]

              project has been rehabilitated under all relevant requirements
              of—
              (a)    this Act; and
              (b)    the environmental authority under which the resource
                     project is authorised; and
              (c)    any relevant guideline or other document made under
                     this Act.
        (2)   The certification is a progressive certification for the relevant
              tenure.
        (3)   The area the subject of the progressive certification is a
              certified rehabilitated area for the relevant tenure.

318ZA Effect of progressive certification
        (1)   If progressive certification has been given for a relevant
              tenure, the requirements mentioned in section 318Z(1) are
              taken to have been complied with for the certified
              rehabilitated area for the tenure.
        (2)   Subsection (1) applies despite another provision of this Act or
              any change in the requirements.
        (3)   However, this section is subject to section 318ZB.

318ZB Continuing responsibility of environmental authority
      holder relating to certified rehabilitated area
        (1)   This section applies if progressive certification has been given
              for a relevant tenure.
        (2)   The holder of the environmental authority to which the
              relevant tenure relates must maintain the certified
              rehabilitated area for the relevant tenure under the conditions
              of the authority in force when the certification was given (the
              existing conditions).
        (3)   Any change to the conditions of the environmental authority is
              of no effect to the extent it purports to impose a more stringent
Current as at 20 February 2014                                                 Page 237
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