MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 346]

                of the day of approval of the program, give to the
                administering authority an annual return in the approved form.
                Maximum penalty—100 penalty units.

346        Effect of compliance with program
          (1)   This section applies if an approved transitional environmental
                program authorises the holder to do, or not to do, something
                under the program.
          (2)   The holder, or a person acting under the approval may do, or
                not do, the thing under the program despite anything in—
                (a)   a regulation; or
                (b)   an environmental protection policy; or
                (c)   an environmental authority held by the holder; or
                (d)   a development condition of a development approval; or
                (e)   a prescribed condition for carrying out a small scale
                      mining activity; or
                (f)   an accredited ERMP.
          (3)   Without limiting subsection (2), the doing, or not doing, of the
                thing under the program is not a contravention of—
                (a)   a regulation; or
                (b)   an environmental protection policy; or
                (c)   a condition of an environmental authority held by the
                      holder; or
                (d)   a development condition of a development approval; or
                (e)   a prescribed condition for carrying out a small scale
                      mining activity; or
                (f)   an accredited ERMP.




Page 274                                            Current as at 20 February 2014