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 616E]

              (a)    the application is taken to have been made on the
                     commencement; and
              (b)    chapter 5 applies to the application, with necessary
                     changes, as if it were a non-code compliant application
                     for a level 1 mining project.
        (3)   If the application was accompanied by an environmental
              management overview strategy under the pre-amended MRA,
              section 245, the strategy is taken to be an environmental
              management plan submitted by the applicant under section
              201.
        (4)   If a certificate of application for the mining lease was
              endorsed by the mining registrar under the pre-amended
              MRA, section 252, the person is taken to have given and
              published an application notice under section 211 for the
              application.
        (5)   If the person gave an environmental impact statement under
              the pre-amended MRA, section 264, the EIS process is taken
              to have been completed under section 60.
        (6)   If an objection was lodged with the mining registrar under the
              pre-amended MRA, section 260, and not heard by the tribunal
              under that Act, the objection is taken to be a properly made
              objection under section 217.
        (7)   If the tribunal made a recommendation under section 269 of
              the pre-amended MRA relating to an environmental matter, an
              objections decision on the same terms as the recommendation
              is taken to have been made under section 222.
              Editor’s notes—
                 1   pre-amended MRA, sections 252 (Certificate of application etc.),
                     245 (Application for grant of mining lease), 260 (Objection to
                     application for grant of mining lease), 264 (What happens after
                     environmental impact statement is prepared?) and 269 (Tribunal’s
                     recommendation on hearing)
                 2   sections 60 (When process is completed), 201 (Environmental
                     management plan required), 211 (Public notice of application), 217
                     (Acceptance of objections) and 222 (Nature of objections decision)
                     of the Act

Current as at 20 February 2014                                                   Page 513