MCU14/0028 Appendix 2 EnvProtAct 1994

                                                       Environmental Protection Act 1994
                                    Chapter 13 Savings, transitional and related provisions
         Part 2 Transitional provisions for Environmental Protection and Other Legislation
                                                                     Amendment Act 2000
                                                                                    [s 589]

              existing mining activities under the mining tenement that,
              immediately before the commencement day, were level 2
              environmentally relevant activities.
        (3)   However, if the mining tenement was part of a mining project,
              the person is taken to hold a single environmental authority
              (mining activities) for all existing mining activities under the
              mining tenements that form the project.
        (4)   Chapter 5 applies to the authority, subject to division 4.

589      Conditions of environmental authority
        (1)   The conditions of an environmental authority (mining
              activities) under section 588 are—
              (a)    each condition of a relevant mining tenement that would
                     reasonably be expected to be a condition of the
                     authority; and
              (b)    any financial assurance condition imposed on the
                     authority under section 598; and
              (c)    another condition prescribed under a regulation.
        (2)   If, under subsection (1)(a), a condition of a relevant mining
              tenement becomes a condition of the authority, it ceases to
              have effect as a condition of the tenement.
        (3)   Subsection (2) applies despite the Mineral Resources Act.


Division 3                   Unfinished applications

590      Procedure if certificate of application issued and
         conditions decided
        (1)   The existing Act applies to an environmental authority
              application if, before the commencement day—
              (a)    a person applied for a mining tenement and an
                     environmental authority in relation to the tenement; and


Current as at 20 February 2014                                                   Page 489