MCU14/0028 Appendix 2 EnvProtAct 1994

                                                   Environmental Protection Act 1994
                                               Chapter 7 Environmental management
                                          Part 3 Transitional environmental programs

                                                                             [s 332]


Division 2                  Submission and approval of
                            transitional environmental
                            programs

332      Administering authority may require draft program
        (1)   The administering authority may require a person or public
              authority to prepare and submit to it for approval a draft
              transitional environmental program—
              (a)    as a condition of an environmental authority; or
              (b)    as a development condition of a development approval.
        (2)   The administering authority may also require a person or
              public authority to prepare and submit to it for approval a
              draft transitional environmental program if it is satisfied—
              (a)    an activity carried out, or proposed to be carried out, by
                     the person or authority is causing, or may cause,
                     unlawful environmental harm; or
              (b)    it is not practicable for the person or public authority to
                     comply with an environmental protection policy or
                     regulation on its commencement; or
              (c)    that a condition of an environmental authority held by
                     the person or public authority is, or has been,
                     contravened; or
              (ca) that a prescribed condition for carrying out a small scale
                   mining activity is, or has been, contravened by the
                   person or public authority carrying out the activity; or
              (d)    a development condition of a development approval is,
                     or has been, contravened and the person or public
                     authority is—
                     (i)   an owner of the land for which the approval is
                           granted; or
                     (ii) another person in whom the benefit of the approval
                          vests.
Current as at 20 February 2014                                            Page 263