ENVIRONMENTAL PROTECTION ACT 1994 - SCHEDULE 2
ENVIRONMENTAL PROTECTION ACT 1994 - SCHEDULE 2
SCHEDULE 2 – Original decisions
Part 1 - Original decisions for Land Court appeals
Division 1 - Decisions under chapter 3
Section | Description of decision | |
41A(1)(b) | decision to refuse to allow draft terms of reference to proceed to public notification | |
43 (3) (c) | decision about giving TOR notice | |
49(1) | decision to refuse to allow an EIS to proceed or to allow a submitted EIS to proceed on conditions | |
51(2)(a)(iii) | decision about giving EIS notice | |
51 (2) (b) (ii) | decision about way of publishing EIS notice | |
56A(2)(b) | decision to refuse to allow submitted EIS to proceed | |
68(1) and (2) | decision not to allow EIS to proceed | |
68 (3) (a) | fixing of new notice period | |
68 (3) (b) | fixing of new comment or submission period |
Division 3 - Decisions under chapter 5
Section | Description of decision | |
128 (2) | decision to give notice stating that an application for an environmental authority for a resource activity is not a properly made application | |
147 (3) | decision to refuse extension to the information response period for an application or amendment application for an environmental authority for a resource activity, or a proposed PRC plan | |
152 (3) | decision to require another way of giving or publishing application notice | |
155 (a) | fixing submission period for an application or amendment application for an environmental authority for a resource activity, other than a mining activity | |
159(2) and (3) | decision not to allow application or amendment application for an environmental authority or proposed PRC plan to proceed | |
159 (5) (b) | fixing substituted way to give or publish application notice and fixing new submission period | |
171 (2) | imposition of a condition on an environmental authority for a resource activity, other than a mining activity relating to a mining lease, if the condition is not the same, or to the same effect as, a condition agreed to by the applicant | |
172 (2) (a) | decision to approve site-specific application for an environmental authority for a resource activity that is a petroleum activity | |
172 (2) (a) | imposition of a condition on an environmental authority for a resource activity, other than a mining activity relating to a mining lease, if the condition is not the same, or to the same effect as, a condition agreed to by the applicant | |
172 (2) (b) | decision to refuse site-specific application or amendment application for an environmental authority for a resource activity, other than a mining activity relating to a mining lease, if the decision is not made under section 173 (1) | |
219 (1) | amendment decision for environmental authority or PRCP schedule for a resource activity | |
227AAB (2) | decision to give notice stating that an amendment application for an environmental authority for a resource activity is not a properly made amendment application | |
228 (1) | assessment level decision for amendment application for an environmental authority or PRCP schedule for a resource activity, if the decision is that the proposed amendment is a major amendment | |
230 (2) | decision that chapter 5 , part 4 applies to amendment application for an environmental authority for a resource activity, other than a mining activity | |
234 | fixing submission period for amendment application for an environmental authority or PRCP schedule for a resource activity | |
240 (1) | refusal of amendment application for an environmental authority or PRCP schedule for a resource activity | |
240 (1) and (3) | decision to approve amendment application for an environmental authority or PRCP schedule for a resource activity subject to other amendments to the conditions of the authority or PRCP schedule | |
247 (1) (b) | refusal of amalgamation application for environmental authorities for resource activities | |
258 (2) | decision to give surrender notice | |
258 (3) (a) | fixing of period for making surrender application | |
266 (1) (b) | refusal of surrender application for an environmental authority for a resource activity | |
271 (2) | requirement to make residual risk payment | |
274 (2) | decision to give rehabilitation direction | |
275A | decision to amend PRCP schedule for partial surrender of environmental authority | |
282 (1) | proposed action decision for an environmental authority for a resource activity | |
284C | refusal of suspension application for an environmental authority for a resource activity | |
300 | ERC decision for a resource activity | |
303 | decision to require the holder of an environmental authority for a resource activity to apply for a new ERC decision | |
316G | decision to make a claim on or realise an EPA assurance or ask for a payment under the Mineral and Energy Resources (Financial Provisioning) Act 2018 | |
316M | decision not to change anniversary day for an environmental authority for a resource activity | |
316P (2) | decision to require holder of an environmental authority for a resource activity to make a site-specific application for a new environmental authority or an amendment application | |
318YN (1) (b) | imposition of a condition on recognition of an accreditation program for an agricultural ERA | |
318YN (1) (c) | refusal of application to recognise an accreditation program for an agricultural ERA | |
318YU (2) | amendment, suspension or cancellation of recognition of an accreditation program for an agricultural ERA | |
318ZJA | decision to amend PRCP schedule for certified area |
Division 4 - Decisions under chapter 5A
Section | Description of decision | |
318ZH | refusal of progressive certification |
Division 5 - Decisions under chapter 7
Section | Description of decision | |
322 (1) | decision to give audit notice for a resource activity | |
324 (1) (d) | fixing of period for conducting or commissioning environmental audit and giving environmental report for a resource activity | |
326 (1) | decision to conduct or commission environmental audit or prepare environmental report for a resource activity | |
326B (2) | decision to give investigation notice for a resource activity | |
326C (1) (d) | fixing of period for conducting or commissioning environmental investigation and giving site investigation report | |
326G (4) (b) | decision to refuse to accept environmental report about an environmental investigation for a resource activity | |
326I (2) | decision to require another environmental investigation and report for a resource activity | |
326I (4) (b) | fixing of period for conducting or commissioning environmental investigation and giving environmental report for a resource activity | |
357E | refusal of application for temporary emissions licence relating to an environmental authority for a resource activity | |
357E | granting of temporary emissions licence relating to an environmental authority for a resource activity on terms different from application | |
357J | amending, cancelling or suspending temporary emissions licence relating to an environmental authority for a resource activity | |
363AB | decision that a person is a related person of a company, in relation to the issuing of a resource activity EPO to the person | |
363AC or 363AD | decision to issue a resource activity EPO | |
363AI | decision to issue a cost recovery notice relating to a resource activity EPO | |
363AI (3) | decision about an amount of costs or expenses claimed under a cost recovery notice relating to a resource activity EPO |
Division 6 - Decisions under chapter 13, part 18
Section | Description of decision | |
697 (1) (b) | decision to refuse conversion application for an environmental authority for a resource activity |
Part 2 - Original decisions for court appeals
Division 2 - Decisions under chapter 5
Section | Description of decision | |
128 (2) | decision to give notice stating that an application for an environmental authority for a prescribed ERA is not a properly made application | |
147 (3) | decision to refuse extension to the information response period for an application or amendment application for an environmental authority for a prescribed ERA | |
171 (2) | imposition of a condition on an environmental authority for a prescribed ERA if the condition is not the same, or to the same effect, as a condition agreed to by the applicant | |
172 (2) (a) | imposition of a condition on an environmental authority for a prescribed ERA if the condition is not the same, or to the same effect, as a condition agreed to by the applicant | |
172 (2) (b) | decision to refuse site-specific application or amendment application for an environmental authority for a prescribed ERA, if the decision is not made under section 173 (1) | |
219 (1) | amendment decision for an environmental authority for a prescribed ERA | |
227AAB (2) | decision to give notice stating that an amendment application for an environmental authority for a prescribed ERA is not a properly made amendment application | |
228 (1) | assessment level decision for an amendment application for an environmental authority for a prescribed ERA, if the decision is that the proposed amendment is a major amendment | |
240 (1) | refusal of amendment application for an environmental authority for a prescribed ERA | |
240 (1) and (3) | decision to approve amendment application for an environmental authority for a prescribed ERA subject to other amendments to the conditions of the authority | |
247 (1) (b) | refusal of amalgamation application for environmental authorities for prescribed ERAs | |
266 (1) (b) | refusal of surrender application for an environmental authority for a prescribed ERA | |
282 (1) | proposed action decision for an environmental authority for a prescribed ERA | |
284C | refusal of suspension application for an environmental authority for a prescribed ERA | |
310 (1) | decision about amount and form of financial assurance for an environmental authority for a prescribed ERA | |
314 (1) | refusal of application to amend the amount or form of financial assurance or discharge financial assurance, for an environmental authority for a prescribed ERA | |
315 (1) | decision to require holder of an environmental authority for a prescribed ERA to change the amount of financial assurance | |
316G | decision to make claim on or realise EPA assurance for an environmental authority for a prescribed ERA | |
316M | decision not to change anniversary day for an environmental authority for a prescribed ERA | |
316P(2) | decision to require holder of an environmental authority for a prescribed ERA to make a site-specific application for a new environmental authority or an amendment application |
Division 3 - Decisions under chapter 5A
Section | Description of decision | |
318G | refusal of application for registration as a suitable operator | |
318N (1) | decision to cancel or suspend registration |
Division 4 - Decisions under chapter 7
Section | Description of decision | |
322 (1) | decision to give audit notice for a prescribed ERA | |
322A (1) | decision to give audit notice for a recognised accreditation program for an agricultural ERA | |
323 (2) | decision to give audit notice | |
324 (1) (d) | fixing of period for conducting or commissioning environmental audit and giving environmental report for a prescribed ERA | |
326B (2) | decision to give investigation notice for prescribed ERA | |
326BA (2) | decision to give investigation notice | |
326C (1) (d) | fixing of period for conducting or commissioning environmental investigation and giving site investigation report | |
326G (4) (b) | decision to refuse to accept an environmental report about an environmental investigation for a prescribed ERA | |
326G (7) | extension of time for decision about environmental report | |
326I (2) | decision to require another environmental investigation and report for a prescribed ERA | |
326I (4) (b) | fixing of period for conducting or commissioning environmental investigation and giving environmental report for a prescribed ERA | |
332 (1) or (2) | requirement to apply for the issue of a transitional environmental program | |
337 (2) | extension of time for decision about transitional environmental program | |
339 (1) or 344 | decision on whether to approve, or to approve an amendment of, a transitional environmental program | |
339 (2) | imposition of conditions on a transitional environmental program | |
344C(1) | decision to make claim on, or realise, financial assurance | |
344E (1) (b) | cancelling approval for a transitional environmental program | |
353 (3) (a) | removal of immunity from prosecution for a person under a refusal to approve an application for the issue of a transitional environmental program | |
357E | refusal of application for temporary emissions licence relating to an environmental authority for a prescribed ERA | |
357E | granting of temporary emissions licence relating to an environmental authority for a prescribed ERA on terms different from application | |
357J | amending, cancelling or suspending temporary emissions licence relating to an environmental authority for a prescribed ERA | |
358 | issue of environmental protection order | |
363AB | decision that a person is a related person of a company, in relation to the issuing of an environmental protection order other than a resource activity EPO to the person | |
363AC or 363AD | decision to issue an environmental protection order other than a resource activity EPO | |
363AI | decision to issue a cost recovery notice relating to an environmental protection order other than a resource activity EPO | |
363AI (3) | decision about an amount of costs or expenses claimed under a cost recovery notice relating to an environmental protection order other than a resource activity EPO | |
363B | decision to issue direction notice | |
363H | decision to issue clean-up notice | |
363N | decision to issue cost recovery notice | |
363N (2) | decision about amount of costs or expenses claimed | |
377 (1) | decision to include particulars of land in environmental management register or contaminated land register | |
379D | refusal to approve inclusion request | |
381(2) | decision to remove particulars of land in environmental management register or contaminated land register | |
381 (2) | decision to amend particulars of land in environmental management register or contaminated land register | |
393 | requirement for preparation or commission of draft site management plan | |
393 | decision to prepare site management plan | |
397 (2) | requirement for amendment of draft site management plan | |
397 (2) | requirement for preparation or commission of another draft site management plan | |
398 (2) | extension of time for approval of draft site management plan | |
404 (1) (a) | decision to prepare amendment of site management plan | |
404 (1) (b) | requirement to prepare draft amendment of site management plan |
Division 5A - Decisions under chapter 8
Section | Description of decision | |
440ZU | request for information or documents about an application for an exemption | |
440ZV | imposition of conditions on an exemption | |
440ZV | refusal of application for an exemption |
Division 6 - Decision under chapter 9
Section | Description of decision | |
451 (1) | requirement for information relevant to the administration or enforcement of this Act, other than a requirement for information relevant to the making of a decision under section 363AB |
Division 6A - Decision under chapter 10
Section | Description of decision | |
512 (5) | decision to amend or suspend an enforceable undertaking |
Division 7 - Decisions under chapter 12
Section | Description of decision | |
571 (1) (b) | decision to approve application for approval as auditor subject to conditions | |
571 (1) (c) | decision to refuse application for approval as auditor | |
574G (1) | decision to amend, suspend or cancel approval as an auditor | |
574I (2) (b) | decision not to take action on complaint |
Division 8 - Decisions under chapter 13
Section | Description of decision | |
596 (2) | decision to give reminder notice | |
596 (2) | fixing of period for compliance with reminder notice | |
607 (4) | decision about consolidating transitional authorities for same mining project | |
608 (2) | decision to make environmental document requirement for transitional authority | |
616ZC (4) or 621 (4) | decision to give registration certificate and development approval | |
623 (2) | decision to give a notice that the risk of environmental harm from carrying out a chapter 4 activity under an environmental authority is no longer insignificant | |
697 (1) (b) | decision to refuse conversion application for an environmental authority for a prescribed ERA |
Part 3 - Original decisions for internal review only
Section | Description of decision | |
73C (1) (a) | decision that an EIS would be required under this Act for an application for an environmental authority for a project | |
140 and 143 (2) | requirement that the applicant provide an EIS for an application |