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 593]

                (c)   an environmental authority (mining activities) if, under
                      section 590(1), the existing Act applied to the
                      application for the authority.
          (2)   However, a transitional authority under subsection (1) ceases
                to be a transitional authority if it is—
                (a)   amended under subdivision 3; or
                (b)   transferred.
                Editor’s note—
                  See also subdivision 3 (Amendment and consolidation of transitional
                  authorities).
          (3)   Subsection (2) does not affect the authority continuing to be
                an environmental authority (mining activities) after it ceases
                to be a transitional authority.


Subdivision 2                 Special provisions for transitional
                              authorities

593        Transitional authority taken to be non-code compliant
                A transitional authority is taken to be a non-code compliant
                authority under chapter 5, issued for a level 1 mining project.

594        Limited application of s 426 for transitional authority
          (1)   Section 426 does not apply to a person carrying out an
                existing mining activity under a mining tenement that is not
                authorised under a transitional authority if the holder of a
                transitional authority has—
                (a)   made a relevant amendment application and the
                      application has not been decided; or
                (b)   given the administering authority notice of the activity
                      (activity notice) and no more than 30 days have passed
                      since the notice was given.


Page 492                                                   Current as at 20 February 2014