ENVIRONMENTAL PROTECTION ACT 1994 - SECT 306
Effect of amalgamation of environmental authority on ERC decision
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 306
Effect of amalgamation of environmental authority on ERC decision
306 Effect of amalgamation of environmental authority on ERC decision
(1) This section applies if—
(a) an ERC decision is in force for a resource
activity; and
(b) the administering authority approves an application to
amalgamate the environmental authority for the resource activity with another
environmental authority under section 247.
(2) On the day the application is
approved—
(a) the ERC decision (the
"previous ERC decision" ) for each of the environmental authorities approved
for amalgamation is no longer in force; and
(b) the administering authority
is taken to have made an ERC decision under section 300for the environmental
authority issued because of the amalgamation; and
(c) the estimated
rehabilitation cost for the ERC decision mentioned in paragraph (b) is taken
to be the total of the estimated rehabilitation costs under the
previous ERC decisions; and
(d) a contribution to the scheme fund paid, or
surety given, under the
Mineral and Energy Resources (Financial Provisioning) Act 2018 for each of the
environmental authorities approved for amalgamation is taken to be a
contribution to the scheme fund paid, or surety given, under that Act, for the
environmentalauthority issued because of the amalgamation.
(3) An ERC
decision mentioned in subsection (2) (b) remains in force for a relevant
activity until the day a new ERC decision is made for the activity.