MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 13 Savings, transitional and related provisions
Part 19 Transitional provisions for the Mining and Other Legislation Amendment Act 2013

[s 712]

                21A prescribes a condition requiring the holder of the mining
                tenure for carrying out the small scale mining activity—
                (a)   to give the administering authority financial assurance;
                      or
                (b)   to rehabilitate land.
          (4)   In this section—
                current condition, of an environmental authority, means a
                condition of the authority requiring the holder of the
                authority—
                (a)   to give the administering authority financial assurance;
                      or
                (b)   to rehabilitate land.

712        Provision about financial assurance
          (1)   This section applies to financial assurance for                      an
                environmental authority (EA financial assurance) if—
                (a)   the financial assurance is held by the administering
                      authority immediately before the commencement of the
                      section; and
                (b)   the activity carried out under the environmental
                      authority is a small scale mining activity; and
                (c)   the chief executive cancels the environmental authority
                      under section 277A; and
                (d)   a prescribed condition requires the holder of a mining
                      tenure for carrying out the small scale mining activity to
                      give the administering authority financial assurance for
                      the tenure.
          (2)   If the amount of the EA financial assurance is equal to the
                amount required under the prescribed condition (the required
                amount), the amount of the EA financial assurance is taken to
                be the financial assurance for the mining tenure.


Page 590                                                 Current as at 20 February 2014