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MCU14/0028 Appendix 2 EnvProtAct 1994
Original PDF page 239, section 1. The text section number identifies this passage in the reader.
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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