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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"previous ERC decision" ) for each of the environmental authorities approved for amalgamation is no longer in force; and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 300 for 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 environmental authority 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.
(4) The Mineral and Energy Resources (Financial Provisioning) Act 2018 , section 26 does not apply to an ERC decision mentioned in subsection (2) (b) .