ENVIRONMENTAL PROTECTION ACT 1994 - SECT 125
Requirements for applications generally
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 125
Requirements for applications generally
125 Requirements for applications generally
(1) An application for an environmental authority must—
(a) be made to the
administering authority; and
(b) be made in the approved form; and
(c)
describe all environmentally relevant activities for the application; and
(d)
describe the land on which each activity will be carried out; and
(e) be
accompanied by the fee prescribed under a regulation; and
(f) if 2 or more
persons (
"joint applicants" ) jointly make the application—nominate 1 joint applicant
as the principal applicant; and
(g) state whether the application is—
(i) a
standard application; or
(ii) a variation application; or
(iii) a
site-specific application; and
(h) state whether the applicant is a
registered suitable operator; and
(i) if a development permit under the
Planning Act , or an SDA approval under the State Development Act , is
required under either of those Acts for carrying out the environmentally
relevant activities for the application—describe the permit or approval; and
(j) if the application is a standard or variation application—include a
declaration that each relevant activity complies with the eligibility
criteria; and
(k) if the application is a variation application—
(i) for a
variation application under section 123(1) —state the standard conditions
for the activity or authority the applicant seeks to change; or
(ii) for a
variation application under section 123(2) —state the standard conditions
that are not the same as the Coordinator-General’s conditions; and
(l) if
the application is a variation or site-specific application—
(i) include an
assessment of the likely impact of each relevant activity on the
environmental values, including—
(A) a description of the
environmental values likely to be affected by each relevant activity; and
(B)
details of any emissions or releases likely to be generated by each relevant
activity; and
(C) a description of the risk and likely magnitude of impacts
on the environmental values; and
(D) details of the management practices
proposed to be implemented to prevent or minimise adverse impacts; and
(E) if
paragraph (n) does not apply—details of how the land the subject of the
application will be rehabilitated after each relevant activity ceases; and
(ii) include a description of the proposed measures for minimising and
managing waste generated by each relevant activity; and
(iii) include details
of any site management plan that relates to the land the subject of the
application; and
(m) if the application is for a prescribed ERA—state
whether the applicant wants any environmental authority granted for the
application to take effect on a day nominated by the applicant; and
(n) if
the application is a site-specific application for a mining activity relating
to a mining lease—be accompanied by a proposed PRC plan; and
(o) include
any other document relating to the application prescribed under a regulation.
(2) Despite subsection (1) (l) , if the application is a variation application
under section 123(1) , it need only include the matters mentioned in that
subsection to the extent it seeks to change the standard conditions for the
activity or authority.
(3) Subsection (1) (l) does not apply for an
application if—
(a) either—
(i) the EIS process for an EIS for each
relevant activity the subject of the application has been completed; or
(ii)
the Coordinator-General has evaluated an EIS for each relevant activity the
subject of the application and there are Coordinator-General’s conditions
that relate to each relevant activity; and
(b) an assessment of the
environmental risks of each relevant activity would be the same as the
assessment in the EIS mentioned in paragraph (a) (i) , or the evaluation
mentioned in paragraph (a) (ii) , if completed.
(4) Also, subsection (1) (l)
does not apply for a variation application under section 123(2) if the
application seeks only to apply the Coordinator-General’s conditions.
(5)
Despite subsection (1) , if the application is a variation or site-specific
application for the prescribed ERA mentioned in the
Environmental Protection Regulation 2019, schedule 2 , section 13A —
(a) it
need only include the matters mentioned in subsection (1) (l) (i) (A) to (D),
(ii) and (iii) to the extent the matters relate to fine sediment, or dissolved
inorganic nitrogen, entering the water of the Great Barrier Reef or
Great Barrier Reef catchment waters; and
(b) subsection (1) (l) (i) (E) does
not apply for the application.
(6) Subsection (1) (l) does not apply for a
variation application or site-specific application, and subsection (1) (n)
does not apply for a site-specific application for a mining activity relating
to a mining lease, if—
(a) the chief executive has, under chapter 3 , part 2
or 3 , approved the voluntary preparation of an EIS for the project the
subject of the application and the applicant has—
(i) started the EIS
process for the application; or
(ii) stated in the application that the
applicant will prepare an EIS under chapter 3 , part 1 ; or
(b) the chief
executive has, under chapter 3 , part 3 , decided that an EIS is required for
the application; or
(c) the Coordinator-General has, under the State
Development Act , section 26 (1) (a) , declared that the project the subject
of the application is a coordinated project for which an EIS under that Act is
required.
(7) Subsection (8) applies if—
(a) an application for a
prescribed ERA is accompanied by evidence showing the main purpose of applying
for the environmental authority is to conduct research into, or test,
technology or processes relating to an environmentally relevant activity for
which information mentioned in subsection (1) (l) (i) and (ii) is not
available; and
(b) the application states that the term of the environmental
authority applied for is 3 years or less.
(8) Despite subsection (1) , the
application need not include the matters mentioned in subsection (1) (l) (i)
and (ii) to the extent the information is not available.