ENVIRONMENTAL PROTECTION ACT 1994 - SECT 257 Who may apply for surrender

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 257

257 Who may apply for surrender

(1) The holder of an environmental authority may apply to the administering authority to surrender the environmental authority (a
"surrender application" ).

(2) Subsection (3) applies if—

(a) the environmental authority relates to a mining activity; and

(b) under the Mineral Resources Act , the holder of the environmental authority has sought a conditional surrender of all or part of a relevant mining tenure.

(3) A surrender application may only be made for the part of the environmental authority relating to land to which a new mining tenure will not apply if the conditional surrender is approved.

(4) Subsection (5) applies if a relevant tenure for the environmental authority is to be surrendered under resource legislation.

(5) A surrender application for the authority may only be made if an application to surrender the relevant tenure is also made under resource legislation.

(6) Subsections (3) and (5) apply despite subsection (1) .

(7) In this section—


"conditional surrender" , of a mining tenure, means a surrender in relation to the tenure of a type mentioned in the Mineral Resources Act , section 107 (7) , 161 (4) , 210 (13) or 309 (12) .