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 605]

605        Additional grounds for amendment by administering
           authority
                For applying section 292 for a transitional authority, the
                following grounds apply, as well as the grounds under section
                292(2)—
                (a)   the ending of the transitional period;
                (b)   the administering authority can not, by applying section
                      587 or 589, work out the conditions of the transitional
                      authority;
                (c)   a condition of the transitional authority under section
                      587 or 589 creates a right or imposes an obligation that
                      the administering authority considers is uncertain or not
                      reasonably enforceable;
                (d)   if the transitional authority is an environmental authority
                      (mining lease)—the authority holder submits or amends
                      a plan of operations for the authority;
                (e)   the amendment is necessary to prevent environmental
                      harm not already authorised under the environmental
                      authority.

606        Ministerial power to amend
          (1)   This section applies to an environmental authority (mining
                activities) that is, or has been, a transitional authority.
          (2)   During the transitional period the Minister may amend the
                authority if the Minister—
                (a)   gives the environmental authority holder a written notice
                      (an amendment notice) stating—
                      (i)    the proposed amendment; and
                      (ii) the Minister’s reasons for the amendment; and
                      (iii) that the holder may, within a stated period of at
                            least 10 business days, make written
                            representations to show why the amendment
                            should not be made; and
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