ENVIRONMENTAL PROTECTION ACT 1994 - SECT 761
ERC decisions for environmental authorities for resource activities
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 761
ERC decisions for environmental authorities for resource activities
761 ERC decisions for environmental authorities for resource activities
(1) This section applies in relation to an environmental authority for a
resource activity in force on the commencement, if—
(a) before the
commencement, a notice about the amount and form of financial assurance was
given to the holder of the authority under the pre-amended Act, section 296;
or
(b) if section 757 applies to the environmental authority—a notice about
the amount and form of financial assurance is given to the holder of the
authority for a resource activity.
(2) On the relevant day for the
environmental authority, an ERC decision is taken to have been made for the
resource activity under the amended Act, section 300.
(3) For applying the
amended Act, chapter 5, part 14—
(a) the estimated rehabilitation cost under
the ERC decision is taken to be the amount of the financial assurance for the
environmental authority decided by the administering authority under the
pre-amended Act, section 295; and
(b) subject to subsection (5), the
ERC period for the ERC decision is taken to be the period starting on the
relevant day for the environmental authority, and ending on—
(i) if the
resource activity relates to a mining lease—the day the holder’s plan of
operations, continued under section 753, ends; or
(ii) if the resource
activity relates to a petroleum activity for an ineligible ERA or a 1923 Act
petroleum tenure granted under the Petroleum Act 1923 —the day that is 3
years after the relevant day or, if the plan period for the holder’s plan of
operations for the activity ends earlier, the day the plan period ends; or
(iii) otherwise—the day all resource activities carried out under the
environmental authority have ended.
(4) The administering authority must, as
soon as practicable after the relevant day for the environmental authority,
comply with section 301 in relation to the ERC decision.
(5) If the notice
given under section 301 states that the ERC period for the ERC decision ends
on a day that is later than the day mentioned in subsection (3)(b) for the
environmental authority, the ERC period ends on the day stated in the notice.
(6) The amended Act, section 297 applies in relation to the environmental
authority on and from the relevant day for the authority.
(7) In this
section—
"relevant day" , for an environmental authority, means—
(a) if, before the
commencement, a notice was given to the holder of the authority about the
amount and form of financial assurance under the pre-amended Act, section
296—the commencement; or
(b) if section 757 applies to the environmental
authority—the day a notice of a decision about the amount and form of
financial assurance is given to the holder of the authority.