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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 232 Relevant application process applies

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 232

Relevant application process applies

232 Relevant application process applies

(1) Section 136A and parts 3 to 5 apply in relation to the amendment application—
(a) if the amendment application is for a PRCP schedule—as if the amendment application and amended rehabilitation part for the holder’s PRC plan were a proposed PRC plan accompanying a site-specific application; or
(b) otherwise—as if it were a site-specific application.
(2) However, if the amendment application is for a PRCP schedule, part 4 does not apply to the application to the extent the change—
(a) reduces the area of a non-use management area under the schedule; or
(b) is likely to reduce, or cause no change to, the impacts on environmental values caused by the activities the subject of the schedule.
(2A) Also, the following provisions do not apply for an amendment application for an environmental authority for a mining activity relating to a mining lease—
(a) sections 139 (2) (b) and 143A ;
(b) sections 150 (1) (a) (ii) and (b)(ii) and 151(2).
(3) The provisions applied under this section apply—
(a) as if a reference in sections 144 and 151 to the end of the application stage were a reference to the later of the following—
(i) the day notice of the assessment level decision is given;
(ii) the day the fee mentioned in section 228 (4) is paid; and
(b) with any other necessary changes; and
(c) subject to subsection (4) and sections 234 and 235 .
(3A) Also, if the assessment level decision is that the amendment is a major amendment, an assessment of the application under parts 3 to 5 as applied by this section may not proceed until the prescribed assessment fee is paid.
(4) To remove any doubt, it is declared that a submission made under section 160 , as applied under subsection (1)
(a) may be made about an existing provision of the environmental authority or PRCP schedule only to the extent the provision is proposed to be amended under the amendment application; and
(b) can not be made about activities carried out under the environmental authority or PRCP schedule before the deciding of the amendment application.