MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 13 Savings, transitional and related provisions
Part 18 Transitional provisions for Environmental Protection (Greentape Reduction) and
Other Legislation Amendment Act 2012
[s 701]


Division 8                   Provisions about environmental
                             management plans

701        Conditions about environmental management plans
           for particular environmental authorities
          (1)   This section applies if—
                (a)   an old authority becomes, under section 682 or 690, an
                      environmental authority under chapter 5 (the new
                      authority); and
                (b)   either—
                      (i)   the old authority had a condition requiring
                            compliance with an environmental management
                            plan; or
                      (ii) an environmental management plan for the old
                           authority   states    environmental      protection
                           commitments for rehabilitation of the land to be
                           disturbed under each relevant resource tenement.
          (2)   The administering authority may amend the new authority to
                impose conditions consistent with the environmental
                management plan.
          (3)   However, the amendment may only be made if—
                (a)   the procedure under chapter 5, part 6, division 2 is
                      followed or the holder of the authority has agreed in
                      writing to the amendment; and
                (b)   the amendment is made within the later of the following
                      periods—
                      (i)   2 years after the commencement; or
                      (ii) 2 years after the environmental authority takes
                           effect.
          (4)   Section 221 applies to the amendment as if the amendment
                was made under chapter 5, part 6.


Page 580                                                 Current as at 20 February 2014