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MCU14/0028 Appendix 2 EnvProtAct 1994

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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 591]

                (b)   a certificate of application for the mining tenement
                      application was endorsed by the mining registrar; and
                (c)   the administering authority has decided conditions for
                      the environmental authority; and
                (d)   the mining tenement has not been granted and the
                      environmental authority has not been issued.
          (2)   An environmental authority issued by applying the existing
                Act becomes an environmental authority (mining activities)
                immediately after it is issued.
          (3)   However, despite any provision of the existing Act, the
                conditions of the environmental authority must only be—
                (a)   the decided conditions; and
                (b)   any condition that—
                      (i)    under the Mineral Resources Act, would have been
                             imposed on a relevant mining tenement had the
                             amending Act not been enacted; and
                      (ii) had an environmental authority (mining activities)
                           been granted for each relevant mining activity on
                           the commencement day, would reasonably be
                           expected to be a condition of the environmental
                           authority (mining activities); and
                (c)   any financial assurance condition imposed on the
                      authority under section 598.
          (4)   Chapter 5 applies to the authority, subject to division 4.
          (5)   In this section—
                certificate of application means a certificate of application
                under the Mineral Resources Act, section 64 or 252, as in
                force immediately before the commencement day.

591        Procedure for other unfinished applications
          (1)   This section applies if—


Page 490                                                   Current as at 20 February 2014
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