ENVIRONMENTAL PROTECTION ACT 1994 - SECT 268 Criteria for decision generally

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 268

268 Criteria for decision generally

In deciding a surrender application, the administering authority must—

(a) comply with any relevant regulatory requirement; and

(b) subject to paragraph (a) , consider each of the following—

(i) the application;

(ii) any monitoring results relating to the rehabilitated area the subject of the application;

(iii) a final rehabilitation report and post-surrender management report accompanying the application;

(iv) the compliance statement for the environmental authority or the part of the environmental authority the subject of the application, and any PRCP schedule for carrying out a relevant activity under the authority;

(v) any advice given under section 267 by the chief executive administering the resource legislation;

(vi) another matter prescribed under an environmental protection policy or a regulation; and

(c) if a progressive certification has been given for a relevant tenure for the environmental authority—

(i) confirm that the certified area for the relevant tenure still meets the criteria under section 318ZI against which it was certified; and

(ii) if the confirmation is made—give full effect to the certification; and

(d) if the environmental authority relates to land for which particulars are or were recorded in the environmental management register—consider whether or not the land has been removed from the environmental management register or the land has a site management plan approved for it.