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 616F]


Subdivision 4                 Special provisions for transitional
                              authorities (SAA)

616F       Transitional authority (SAA) taken to be non-code
           compliant
                 A transitional authority (SAA) is taken to be a non-code
                 compliant authority under chapter 5, issued for mining
                 activities for a level 1 mining project.

616G Limited application of s 426 for transitional authority
     (SAA)
           (1)   Section 426 does not apply to a person carrying out an SAA
                 mining activity that is not authorised under a transitional
                 authority (SAA) if—
                 (a)   the person was carrying out the activity immediately
                       before the commencement; and
                 (b)   either—
                       (i)   the holder of the authority has made a relevant
                             amendment application or a relevant new
                             application about the activity under the authority
                             and the application has not been decided; or
                       (ii) the holder of the authority has given the
                            administering authority notice of the activity (an
                            activity notice) and no more than 30 days have
                            passed since the notice was given.
           (2)   However, an activity notice can not be given if an activity
                 notice has already been given for the activity or another
                 activity that is substantially the same as the activity.
           (3)   An activity notice must state—
                 (a)   the mining lease or agreement under which the activity
                       is being carried out; and
                 (b)   the nature of the activity; and
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