MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                               [s 318ZK]

              administering authority need not act under subsection (1)(a)
              until the requirement has been complied with.


Division 2                   Payment for residual risks of
                             rehabilitation

318ZK Application of div 2
              This division applies if a progressive certification application
              has been made for a relevant tenure for an environmental
              authority for a resource project.

318ZL Payment may be required for residual risks
        (1)   Subject to sections 318ZM and 318ZN, the administering
              authority may require the applicant to pay it a stated amount
              for the residual risks of the proposed certified rehabilitated
              area for the relevant tenure.
        (2)   The requirement must be included in, or be accompanied by,
              an information notice about the decision to make the
              requirement.
        (3)   The amount may be included in the financial assurance for the
              environmental authority until the surrender, under resource
              legislation, of the relevant tenure.

318ZM Criteria for decision to make requirement
              The administering authority may require the payment only if
              it is satisfied it is justified having regard to—
              (a)    the degree of risk of environmental harm likely to
                     happen if the proposed certified rehabilitated area is
                     managed under the relevant requirements of this Act and
                     instruments made under it; and
              (b)    the likelihood of action being needed to—


Current as at 20 February 2014                                                 Page 243