ENVIRONMENTAL PROTECTION ACT 1994 - SECT 594 Limited application of s 426 for transitional authority

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 594

594 Limited application of s 426 for transitional authority

(1) Section 426 does not apply to a person carrying out an existing mining activity under a mining tenement that is not authorised under a transitional authority if the holder of a transitional authority has—

(a) made a relevant amendment application and the application has not been decided; or

(b) given the administering authority notice of the activity (
"activity notice" ) and no more than 30 days have passed since the notice was given.

(2) However, an activity notice can not be given if an activity notice has already been given for the activity or another activity that is substantially the same as the activity.

(3) An activity notice must state—

(a) the mining tenement under which the existing activity is being carried out; and

(b) the nature of the activity; and

(c) that the activity is not authorised under the conditions of the transitional authority.

(4) To remove any doubt, it is declared that this section does not limit the application of sections 430 and 431 to the transitional authority.

(5) In this section—


"relevant amendment application" means an application to amend the transitional authority that, if granted, would allow the carrying out of the activity under the authority.