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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 268A Criteria for decision—prescribed resource activities in overlapping area

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 268A

Criteria for decision—prescribed resource activities in overlapping area

268A Criteria for decision—prescribed resource activities in overlapping area

(1) This section applies if—
(a) the environmental authority the subject of the surrender application—
(i) is for a prescribed resource activity; and
(ii) relates to land in an overlapping area; and
(b) another prescribed resource activity (the
"overlapping prescribed resource activity" ) is being, or is proposed to be, carried out in the overlapping area.
(2) In deciding the surrender application, the administering authority must also consider—
(a) the extent to which compliance with a rehabilitation condition of the environmental authority, or a PRCP schedule, is impossible or impractical due to the carrying out of the overlapping prescribed resource activity; and
(b) whether an environmental authority or PRCP schedule for the overlapping prescribed resource activity has been amended to include a condition equivalent to the rehabilitation condition of the environmental authority to be surrendered.