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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 203 Conditions generally

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 203

Conditions generally

203 Conditions generally

(1) The administering authority may only impose a condition on an environmental authority, draft environmental authority, PRCP schedule or draft PRCP schedule if—
(a) it considers the condition is necessary or desirable; and
(b) if the authority is for an application to which section 115 applies—the condition relates to the carrying out of the relevant prescribed ERA.
(2) Despite subsection (1) , if this Act or a regulatory requirement requires the administering authority to impose a condition, the administering authority must impose the condition.
(3) Subsection (1) only applies for a proposed condition for an environmental authority given for a standard application if—
(a) the application relates to a mining lease; and
(b) a properly made submission was made for the application; and
(c) the condition is not a standard condition for the relevant activity or authority.