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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 223 Definitions for part

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 223

Definitions for part

223 Definitions for part

In this part—


"condition conversion" , for an environmental authority, means an amendment replacing all of the conditions of the authority with the standard conditions for the environmentally relevant activity to which the authority relates.


"major amendment" , for an environmental authority or PRCP schedule, means an amendment that is not a minor amendment.


"minor amendment" , for an environmental authority or PRCP schedule, means an amendment that is—

(a) for an environmental authority—
(i) a condition conversion; or
(ii) a minor amendment (threshold); or
(b) for a PRCP schedule—a minor amendment (PRCP threshold).

"minor amendment (PRCP threshold)" , for a PRCP schedule, means an amendment that—
(a) does not change a post-mining land use or non-use management area; or
(b) does not affect whether a stable condition will be achieved for land under the schedule; or
(c) does not change the way a post-mining land use will be achieved, or a non-use management area will be managed, in a way likely to result in significantly different impacts on environmental values compared to the impacts on the values under the schedule before the change; or
(d) does not relate to a new mining tenure for the schedule; or
(e) does not change when a rehabilitation milestone or management milestone will be achieved by more than 5 years after the time stated in the schedule when it was first approved; or
(f) does not extend the day by which rehabilitation of land to a stable condition will be achieved.

"minor amendment (threshold)" , for an environmental authority, means an amendment that—
(a) is not a change to a condition identified in the authority as a standard condition, other than—
(i) a change that is a condition conversion; or
(ii) a change that is not a condition conversion but that replaces a standard condition of the authority with a standard condition for the environmentally relevant activity to which the authority relates; or
(iii) a change that will not result in a change to the impact of the relevant activity on an environmental value; and
(b) does not significantly increase the level of environmental harm caused by the relevant activity; and
(c) does not change any rehabilitation objectives stated in the authority in a way likely to result in significantly different impacts on environmental values than the impacts previously permitted under the authority; and
(d) does not significantly increase the scale or intensity of the relevant activity; and
(e) does not relate to a new relevant resource tenure for the authority that is—
(i) a new mining lease; or
(ii) a new petroleum lease; or
(iii) a new geothermal lease under the Geothermal Energy Act ; or
(iv) a new GHG injection and storage lease under the GHG storage Act ; and
(f) involves an addition to the surface area for the relevant activity of no more than 10% of the existing area; and
(g) for an environmental authority for a petroleum activity—
(i) involves constructing a new pipeline that does not exceed 150km; or
(ii) involves extending an existing pipeline so that the extension does not exceed 10% of the existing length of the pipeline; and
(h) if the amendment relates to a new relevant resource tenure for the authority that is an exploration permit or GHG permit—seeks, in the amendment application under section 224 , an amended environmental authority that is subject to the standard conditions for the relevant activity or authority, to the extent it relates to the permit.

"properly made amendment application" see section 227AAA .