MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 318ZN]

                      (i)   reinstate rehabilitation that fails to establish a safe,
                            stable and self-sustaining ecosystem; or
                      (ii) restore the environment because of environmental
                           harm resulting from the resource project, despite
                           the rehabilitation; or
                            Example of environmental harm—
                               surface accumulation of contaminants
                      (iii) maintain environmental management processes
                            needed to protect the environment; and
                            Examples of things that may be used for an environmental
                            management process—
                               fences, pumps and water polishing wetlands
               (c)    the cost of likely action in comparison with the cost of
                      best practice environmental management of the similar
                      use of land that has not previously been affected by
                      resource activities.

318ZN Amount and form of payment
         (1)   The administering authority must decide the amount and form
               of the payment.
         (2)   The administering authority may decide the amount by
               reference to a guideline or other publicly available document.
         (3)   Despite subsections (1) and (2), the administering authority
               can not require a payment of an amount more than the amount
               that, in the authority’s opinion, represents the likely
               rehabilitation costs.
         (4)   In this section—
               likely rehabilitation costs means all likely costs and expenses
               that may be incurred in taking action to rehabilitate or restore
               and protect the environment because of environmental harm
               that may be caused by the residual risks of the proposed
               certified rehabilitated area.


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