MCU14/0028 Appendix 2 EnvProtAct 1994

                                                         Environmental Protection Act 1994

                                                                                 Schedule 4

              (a)    the risk that, although the rehabilitation appeared to be
                     satisfactory when the area was assessed for a
                     progressive      certification  application,    surrender
                     application or site management plan—
                     (i)       it will, in the foreseeable future, fail to perform as
                               predicted in a relevant progressive rehabilitation
                               report, a relevant final rehabilitation report or the
                               site management plan; and
                     (ii) the failure will result in the need for repair,
                          replacement or maintenance work for the area;
              (b)    the risk that the area will need ongoing management;
                     Examples of ongoing management—
                           •    maintenance of fences to ensure the safety of steep slopes or
                                to prevent access to contaminated areas
                           •    providing a pump-back system to manage the discharge of
                                contaminants
                           •    continuation of a monitoring and verification plan under the
                                GHG storage Act for the relevant area to ensure GHG
                                stream storage under that Act is taking place as predicted
              (c)    the risk of contaminants being released from the area by
                     animals, water or wind and potentially causing
                     environmental harm that may require a program to
                     monitor what management action should be taken for
                     the release.
              residual risks requirement—
              (a)    for chapter 5, part 10, division 6—see section 271(3); or
              (b)    for chapter 7, part 8, division 5, subdivision 5—see
                     section 419A(3).
              resource activity see section 107.
              resource legislation means any of the following Acts—
              (a)    the Geothermal Act;
              (b)    the GHG storage Act;
              (c)    the Mineral Resources Act;
              (d)    the Petroleum Act 1923;
Current as at 20 February 2014                                                     Page 641