ENVIRONMENTAL PROTECTION ACT 1994 - As at 1 February 2024 - Act 62 of 1994

Table of Provisions

• Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTORY PROVISIONS

• 1 Short title
2. (Repealed)

PART 2 - OBJECT AND ACHIEVEMENT OF ACT

• 3 Object
• 4 How object of Act is to be achieved
• 5 Obligations of persons to achieve object of Act
• 6 Community involvement in administration of Act

PART 3 - INTERPRETATION

Division 1 - Dictionary

• 7 Definitions—dictionary
7A. (Repealed)

Division 2 - Key concepts

• 8 Environment
• 9 Environmental value
Subdivision 2 - Environmental contamination
• 10 Contamination
• 11 Contaminant
• 12 Noise
13. (Repealed) Subdivision 3 - Environmental harm and nuisance
• 14 Environmental harm
• 15 Environmental nuisance
• 16 Material environmental harm
• 17 Serious environmental harm
• 17A Exclusions
Subdivision 4 - Environmentally relevant activities
• 18 Meaning of environmentally relevant activity
• 19 Environmentally relevant activity may be prescribed
• 19A Interaction between prescribed ERAs and resource activities
20. (Repealed) Subdivision 5 - Environmental management
• 21 Best practice environmental management
Subdivision 6 - Prescribed conditions
• 21A Meaning of prescribed condition

PART 4 - OPERATION OF ACT

• 22 Act binds all persons
• 23 Relationship with other Acts
• 24 Effect of Act on other rights, civil remedies etc.
• 25 Extra-territorial application of Act

CHAPTER 2 - ENVIRONMENTAL PROTECTION POLICIES

• 26 Minister may make policies
• 27 Scope of policies
• 28 Contents of policies
29. (Repealed) 30. (Repealed) 31. (Repealed) 32. (Repealed)
• 33 Policies are subordinate legislation
• 34 Giving effect to policies
34DK. (Repealed) 35. (Repealed) 36. (Repealed)

CHAPTER 3 - ENVIRONMENTAL IMPACT STATEMENTS

PART 1 - EIS PROCESS

Division 1 - Preliminary

• 37 When EIS process applies
Subdivision 2 - Definitions for part 1
• 38 Who is an affected person for a project
• 39 Other definitions
Subdivision 3 - Purposes of EIS and EIS process
• 40 Purposes
40A. (Repealed)

Division 2 - Terms of reference stage

• 41 Submission
• 41A Decision on draft terms of reference
• 41B Proponent may resubmit draft terms of reference
Subdivision 2 - Public notification of draft terms of reference
• 42 Preparation of TOR notice
• 43 Public notification
• 44 Proponent to be given comments
• 45 Advice to chief executive
Subdivision 3 - Final terms of reference
• 46 Finalising terms of reference

Division 3 - Submission stage

• 47 When EIS may be submitted
47A. (Repealed)
• 48 Chief executive may require copies of EIS
• 49 Decision on whether EIS may proceed
• 49A Proponent may resubmit EIS
50. (Repealed)

Division 4 - Notification stage

• 51 Public notification
• 52 Required content of EIS notice
• 53 Declaration of compliance
Subdivision 2 - Submissions and response to report about public interest evaluation
• 54 Right to make submission
• 55 Acceptance of submissions
• 56 Response to submissions
• 56A Assessment of adequacy of response to submission and submitted EIS
• 56AA Proponent may resubmit EIS
56B. (Repealed)

Division 5 - EIS assessment report

• 57 EIS assessment report
• 58 Criteria for preparing report
• 59 Required content of report
• 59A Lapsing of EIS assessment report

Division 6 - Completion of process

• 60 When process is completed
60A. (Repealed) 60B. (Repealed) 60C. (Repealed) 60D. (Repealed) 60E. (Repealed) 60F. (Repealed) 60G. (Repealed) 60H. (Repealed) 60I. (Repealed) 60J. (Repealed) 60K. (Repealed) 60L. (Repealed) 60M. (Repealed) 60N. (Repealed) 60O. (Repealed) 60P. (Repealed) 60Q. (Repealed) 60R. (Repealed) 60S. (Repealed) 60T. (Repealed) 60U. (Repealed) 60V. (Repealed) 60W. (Repealed) 60X. (Repealed) 60Y. (Repealed) 60Z. (Repealed) 60ZA. (Repealed) 60ZB. (Repealed) 60ZC. (Repealed) 60ZD. (Repealed) 60ZE. (Repealed) 60ZF. (Repealed)

Division 7 - Miscellaneous provisions

• 61 Application of sdiv 1
61A. (Repealed)
• 62 Chief executive may seek advice, comment or information
• 63 Disclosure of relevant documents or information
• 64 Making of inquiry does not of itself alter EIS process
Subdivision 2 - Public inspection
• 65 Public access to draft terms of reference or submitted EIS
Subdivision 3 - Amending EIS
• 66 Amending EIS
Subdivision 4 - Effects of noncompliance with process
• 67 Process is suspended
• 68 Substantial compliance with notice requirements may be accepted

PART 2 - VOLUNTARY PREPARATION OF EIS

• 69 Purpose of pt 2
• 70 Projects that may be approved for EIS
70A. (Repealed)
• 71 Requirements for application
• 72 Deciding application

PART 3 - DECISION ABOUT WHETHER EIS MAY BE REQUIRED

• 73 Main purpose of part and its achievement
• 73A Proposed applicant may apply for decision about EIS
73AA. (Repealed)
• 73B Requirements for application
• 73C Deciding application

PART 4 - (Repealed)

PART 4A - (Repealed)

PART 4B - (Repealed)

PART 4C - (Repealed)

CHAPTER 4 - (Repealed)

CHAPTER 4A - GREAT BARRIER REEF PROTECTION MEASURES

PART 1 - PRELIMINARY

• 74 Purpose of chapter
• 75 What is the Great Barrier Reef catchment
• 76 Other definitions for chapter

PART 2 - ENVIRONMENTAL PROTECTION POLICY

• 77 Environmental protection policy must set objectives for reduced contaminant loads
• 78 Objectives set in policy must be reviewed every 5 years

PART 3 - REQUIREMENTS FOR CARRYING OUT AGRICULTURAL ERAS

• 79 What is an agricultural ERA
• 80 Who carries out an agricultural ERA
• 81 What is an agricultural ERA standard
• 82 Offence to contravene agricultural ERA standard

PART 4 - AGRICULTURAL ERA ADVICE

• 83 Definitions for part
• 84 Meaning of tailored advice about carrying out an agricultural ERA
• 85 Tailored advice must not be false or misleading
• 86 Record of tailored advice

PART 5 - GREAT BARRIER REEF WATER QUALITY OFFSETS

• 87 Definitions for part
87A. (Repealed)
• 88 Application of Environmental Offsets Act 2014 to Great Barrier Reef water quality offsets

PART 6 - GENERAL

• 89 Regulation-making power for particular records and returns
89D. (Repealed) 89E. (Repealed) 89F. (Repealed) 89G. (Repealed) 89H. (Repealed) 89I. (Repealed) 89J. (Repealed) 90. (Repealed) 91. (Repealed) 92. (Repealed) 93. (Repealed) 94. (Repealed) 95. (Repealed) 95A. (Repealed) 96. (Repealed) 97. (Repealed) 98. (Repealed) 99. (Repealed) 100. (Repealed) 101. (Repealed) 102. (Repealed) 103. (Repealed) 104. (Repealed) 105. (Repealed)

PART 7 - (Repealed)

PART 8 - (Repealed)

PART 9 - (Repealed)

CHAPTER 5 - ENVIRONMENTAL AUTHORITIES, PRC PLANS AND ENVIRONMENTALLY RELEVANT ACTIVITIES

PART 1 - PRELIMINARY

Division 1 - Key definitions for chapter 5

• 106 What is a prescribed ERA
• 107 What is a resource activity
• 108 What is a geothermal activity
• 109 What is a GHG storage activity
• 110 What is a mining activity
• 111 What is a petroleum activity
• 111A Meaning of stable condition
• 112 Other key definitions for ch 5

Division 2 - Single integrated operations

• 113 Single integrated operations

Division 3 - Stages and application of assessment process

• 114 Stages of assessment process
• 114A Application of assessment process for proposed PRC plans

Division 4 - Relationship with the Planning Act

• 115 Development application taken to be application for environmental authority in particular circumstances

PART 2 - APPLICATION STAGE

Division 1 - Preliminary

• 116 Who may apply for an environmental authority
• 117 Restriction for applications for resource activities
• 118 Single application required for ERA projects
118D. (Repealed)
• 119 Single environmental authority required for ERA projects
• 120 Application for environmental authority can not be made in particular circumstances

Division 2 - Types of applications

• 121 Types of applications
• 122 What is a standard application
• 123 What is a variation application
• 124 What is a site-specific application

Division 3 - Applying for environmental authorities and requirements for PRC plans

• 125 Requirements for applications generally
• 126 Requirements for site-specific applications—CSG activities
• 126A Requirements for site-specific applications—particular resource projects and resource activities
• 126B Main purpose of PRC plan
• 126C Requirements for PRC plan
• 126D Requirements for proposed PRCP schedule
• 127 When application is a properly made application

Division 4 - Notices about not properly made applications

• 128 Notice about application that is not a properly made application
128A. (Repealed) 128B. (Repealed) 128C. (Repealed) 128D. (Repealed) 128E. (Repealed) 128F. (Repealed) 128G. (Repealed) 128H. (Repealed) 128I. (Repealed) 128J. (Repealed) 128K. (Repealed) 128L. (Repealed) 128M. (Repealed) 128N. (Repealed) 128O. (Repealed) 128P. (Repealed)
• 129 When application lapses

Division 5 - Joint applicants

• 130 Nomination of principal applicant

Division 6 - Changing applications

• 131 Meaning of minor change
Subdivision 2 - Procedure for changing applications
• 132 Changing application or proposed PRC plan
Subdivision 3 - Changed applications—effect on assessment process
• 133 Effect on assessment process—minor changes and agreed changes
• 134 Effect on assessment process—other changes

Division 7 - Withdrawing applications

• 135 Withdrawing an application

Division 8 - End of application stage

• 136 When does application stage end
• 136A Administering authority must obtain report about public interest evaluation for particular applications

PART 3 - INFORMATION STAGE

Division 1 - Preliminary

• 137 Purpose of information stage
• 138 When information stage applies
• 139 Information stage does not apply if EIS process complete

Division 2 - Information requests

• 140 Information request to applicant
140A. (Repealed)
• 141 Content of information request
142. (Repealed)
• 143 EIS may be required
• 143A Proposed PRC plan required for particular applications
• 144 When information request must be made
• 145 Extending information request period
145A. (Repealed) 145B. (Repealed) 145C. (Repealed) 145D. (Repealed) 145E. (Repealed) 145F. (Repealed) 145G. (Repealed) 145H. (Repealed) 145I. (Repealed) 145J. (Repealed) 145K. (Repealed) 145L. (Repealed) 145M. (Repealed) 145N. (Repealed) 145O. (Repealed) 145P. (Repealed) 145Q. (Repealed) 145R. (Repealed) 145S. (Repealed) 145T. (Repealed) 145U. (Repealed) 145V. (Repealed)

Division 3 - Responding to information request

• 146 Applicant responds to any information request
• 147 Lapsing of applications if no response to information request

Division 4 - End of information stage

• 148 When does information stage end

PART 4 - NOTIFICATION STAGE

Division 1 - Preliminary

• 149 When notification stage applies
• 150 Notification stage does not apply to particular applications
• 151 When notification stage can start

Division 2 - Public notice

• 152 Public notice of application
• 153 Required content of application notice
• 154 Submission period for application—mining activities
• 155 Submission period for application—other resource activities
• 156 Publication of application notice and documents on website
• 157 Public access to application documents
• 158 Declaration of compliance
• 159 Substantial compliance may be accepted

Division 3 - Submissions about applications

• 160 Right to make submission
• 161 Acceptance of submission
• 162 Amendment of submission
• 163 Particular submissions apply for later applications
163A. (Repealed) 163B. (Repealed)

Division 4 - End of notification stage

• 164 When does notification stage end

PART 5 - DECISION STAGE

Division 1 - Preliminary

• 165 When does decision stage start—general
• 166 When does decision stage start—application relating to development applications
• 167 When does decision stage start—site-specific application relating to coordinated project
• 167A Particular site-specific applications—when decision stage starts and when report about public interest evaluation is required
• 167B Decision stage may be suspended in particular circumstances

Division 2 - Deciding application

• 168 When decision must be made—generally
168A. (Repealed) 168B. (Repealed)
• 169 When decision must be made—particular applications
169A. (Repealed) Subdivision 2 - Decision
• 170 Deciding standard application
• 171 Deciding variation application
171A. (Repealed) 171B. (Repealed) 171C. (Repealed) 171D. (Repealed) 171DA. (Repealed)
• 172 Deciding site-specific application and approving PRCP schedule
• 173 When particular applications must be refused
174. (Repealed)
• 175 Criteria for decision—standard application
• 176 Criteria for decision—variation or site-specific application
• 176A Criteria for decision—proposed PRCP schedule
• 177 Automatic decision for standard application in particular circumstances
• 178 Automatic decision for variation application in particular circumstances
• 179 Automatic decision for site-specific application in particular circumstances

Division 3 - Applications for mining activities relating to a mining lease

• 180 Application of div 3
Subdivision 2 - Notice of decision
• 181 Notice of decision
• 182 Submitter may give objection notice
• 183 Applicant may give notice about referral to Land Court
Subdivision 3 - Referrals to Land Court
• 184 Application of sdiv 3
• 185 Referral to Land Court
• 186 Parties to Land Court proceedings
• 187 Notice of referral
• 188 Objections decision hearing
• 188A Striking out objection notices
189. (Repealed)
• 190 Requirements for objections decision
• 191 Matters to be considered for objections decision
• 192 Notice of objections decision
• 193 Advice from MRA and State Development Ministers about objections decision
Subdivision 4 - Final decision on application
• 194 When administering authority must make final decision on application
• 194A Final decision on application
• 194B Matters to be considered in making final decision

Division 4 - Steps after deciding application

• 195 Issuing environmental authority or PRCP schedule
• 196 Requirements for issuing environmental authority or PRCP schedule
• 197 Including environmental authorities and PRC plans in register
• 198 Information notice about particular decisions

Division 5 - Environmental authorities

• 199 Requirements for environmental authority
• 200 When environmental authority takes effect
• 201 Term of environmental authority
• 202 Environmental authority includes conditions

Division 5A - PRCP schedules

• 202A Requirements for PRCP schedule
• 202B When PRCP schedule takes effect
• 202C Term of PRCP schedule
• 202D PRCP schedule includes conditions
• 202E Environmental authority overrides PRCP schedule

Division 6 - Conditions

• 203 Conditions generally
• 204 Conditions that must be imposed for standard or variation applications
• 205 Conditions that must be imposed if application relates to coordinated project
• 206 Environmental authority for particular resource activities includes condition prohibiting use of restricted stimulation fluids
• 206A Conditions for PRCP schedules
• 207 Conditions that may be imposed on environmental authority
• 208 Condition requiring statement of compliance
• 209 Environmental offset conditions
• 210 Inconsistencies between particular conditions of environmental authorities

PART 6 - AMENDMENTS BY ADMINISTERING AUTHORITY

Division 1 - Amendments

• 211 Corrections
• 212 Amendment to reflect NNTT conditions
• 212A Amendment to reflect regional interests development approval conditions
• 213 Amendment of environmental authorities to reflect new standard conditions
214. (Repealed)
• 215 Other amendments

Division 2 - Procedure for particular amendments

• 216 Application of division
• 217 Notice of proposed amendment
• 218 Considering representations
• 219 Decision on proposed amendment
• 220 Notice of amendment decision

Division 3 - Steps for amendments

• 221 Steps for amendment

Division 4 - (Repealed)

Division 5 - (Repealed)

Division 6 - (Repealed)

Division 7 - (Repealed)

Division 8 - (Repealed)

PART 7 - AMENDMENT BY APPLICATION

Division 1 - Preliminary

• 222 Exclusions from amendment under pt 7
• 223 Definitions for part

Division 2 - Making amendment application

• 224 Who may apply
• 225 Amendment application can not be made in particular circumstances
• 226 Requirements for amendment applications generally
• 226AA Requirement for amendment application by holder of environmental authority and PRCP schedule
• 226A Requirements for amendment applications for environmental authorities
• 226B Requirements for amendment applications for PRCP schedules
• 227 Requirements for amendment applications—CSG activities
• 227AA Requirements for amendment applications—underground water rights
• 227AAA When amendment application is a properly made amendment application

Division 2AA - Notices about not properly made amendment applications

• 227AAB Notice about amendment application that is not a properly made amendment application
• 227AAC When amendment application lapses

Division 2A - Provision for particular amendment applications

• 227A Early refusal of particular amendment applications and requirement to replace environmental authority

Division 3 - Assessment level decisions

• 227B Amendment applications to which div 3 does not apply
• 228 Assessment level decision for amendment application
• 229 Notice of assessment level decision
• 230 Administering authority must require public notification for particular amendment applications

Division 4 - Process if proposed amendment is a major amendment

• 231 Application of div 4
• 232 Relevant application process applies
233. (Repealed)
• 233A (Expired)
• 234 Submission period
• 235 Criteria for deciding amendment application
• 236 Changing amendment application
• 236A (Expired)
• 237 Effect on assessment of amendment application—minor change
• 238 Effect on assessment of amendment application—other changes

Division 5 - Process if proposed amendment is minor amendment

• 239 Application of div 5
• 240 Deciding amendment application
• 241 Criteria for deciding amendment application

Division 6 - Steps after deciding amendment application

• 242 Steps after deciding amendment application

PART 8 - AMALGAMATING AND DE-AMALGAMATING ENVIRONMENTAL AUTHORITIES AND PRCP SCHEDULES

Division 1 - Preliminary

• 243 Definitions for pt 8
• 244 Types of amalgamated environmental authorities

Division 1A - Amalgamating environmental authorities

• 245 Who may apply
• 246 Requirements for amalgamation application

Division 2 - Deciding amalgamation application

• 247 Deciding amalgamation application

Division 3 - Miscellaneous provisions for amalgamation applications

• 247A Anniversary day for amalgamated local government authority or amalgamated project authority
• 248 Steps after deciding amalgamation application
• 249 Information notice about particular decisions
• 250 Relationship between amendment application and amalgamation application

Division 4 - De-amalgamating environmental authorities

• 250A Who may apply for de-amalgamation
• 250B Requirements for de-amalgamation application
• 250C De-amalgamation
• 250D When de-amalgamation takes effect

PART 9 - TRANSFERRING ENVIRONMENTAL AUTHORITIES FOR PRESCRIBED ERAS

• 251 Application of pt 9
• 252 Who may apply for transfer
• 253 Requirements for transfer application
• 254 Deciding transfer application
• 255 Steps after deciding transfer application
• 256 Notice to owners of transfer

PART 9A - (Repealed)

PART 10 - SURRENDER OF ENVIRONMENTAL AUTHORITIES

Division 1 - Preliminary

• 257 Who may apply for surrender
• 258 Notice by administering authority to make surrender application
258A. (Repealed)
• 259 When surrender notice ceases to have effect
• 260 Failure to comply with surrender notice
260A. (Repealed)
• 261 Surrender may be partial

Division 2 - Surrender applications

• 262 Requirements for surrender application
• 263 Amending surrender application

Division 3 - Final rehabilitation reports and post-surrender management reports

• 264 Requirements for final rehabilitation report
• 264A Requirements for post-surrender management report

Division 4 - Requests for information

• 265 Administering authority may request further information

Division 5 - Deciding surrender applications

• 266 Deciding surrender application
266A. (Repealed) 266B. (Repealed) 266C. (Repealed) 266D. (Repealed) 266E. (Repealed) 266F. (Repealed) 266G. (Repealed) 266H. (Repealed) 266I. (Repealed) 266J. (Repealed) 266K. (Repealed) 266L. (Repealed) 266M. (Repealed) 266N. (Repealed) 266O. (Repealed) 266P. (Repealed)
• 267 Advice from relevant resource legislation chief executive about surrender application
• 268 Criteria for decision generally
• 268A Criteria for decision—prescribed resource activities in overlapping area
• 269 Restrictions on giving approval
• 269A Effect of approval of surrender application on PRCP schedule
• 270 When application may be refused

Division 6 - Residual risk requirements

• 271 Payment may be required for residual risks
• 272 Criteria for decision to make residual risks requirement
• 273 Amount and form of payment

Division 7 - Directions about rehabilitation

• 274 Directions to carry out rehabilitation may be given if surrender refused

Division 8 - Miscellaneous provisions

• 275 Steps after deciding surrender application
• 275A Administering authority may amend PRCP schedule
• 275B Recording of residual risks
• 276 Restriction on surrender taking effect if payment required for residual risks

PART 11 - CANCELLATION OR SUSPENSION OF ENVIRONMENTAL AUTHORITIES

Division 1 - Preliminary

• 277 Automatic cancellation if replacement environmental authority given
• 277A Cancellation of particular environmental authority on holder’s request
• 278 Cancellation or suspension by administering authority
• 278A Effect of cancellation or suspension of environmental authority on PRCP schedule
• 278B Effect of suspension generally

Division 2 - Procedure for cancellation or suspension by administering authority

• 279 Application of div 2
279A. (Repealed)
• 280 Notice of proposed action
• 281 Considering representations
• 282 Decision on proposed action
• 283 Notice of proposed action decision

Division 3 - Steps after making decision

• 284 Steps for cancellation or suspension
• 284AA Cancellation after suspension if annual fee not paid

Division 4 - (Repealed)

PART 11A - SUSPENSION OF ENVIRONMENTAL AUTHORITIES BY APPLICATION

Division 1 - Preliminary

• 284A Who may apply

Division 2 - Suspension applications

• 284B Requirements for suspension application

Division 3 - Deciding suspension applications

• 284C Deciding suspension application
• 284D Criteria for deciding suspension application
284E. (Repealed)
• 284F Steps after deciding suspension application

Division 4 - Termination of suspension

• 284G Termination of suspension

PART 12 - AUDITING PRCP SCHEDULES

Division 1 - Requirements for audit

• 285 PRCP schedule must be audited
• 286 Requirements for report about PRCP schedule audit

Division 2 - Steps after receiving audit report and rehabilitation auditors

• 287 Administering authority may request further information
• 288 Rehabilitation auditors

Division 3 - (Repealed)

Division 4 - (Repealed)

Division 5 - (Repealed)

PART 13 - PLAN OF OPERATIONS

• 289 Definition for part
• 290 Application of part
290A. (Repealed)
• 291 Plan of operations required to act under petroleum lease
• 292 Requirements for plan of operations
• 293 Amending or replacing plan
• 294 Failure to comply with plan of operations
• 295 Environmental authority overrides plan

PART 14 - MATTERS RELATING TO COSTS OF REHABILITATION

Division 1 - Estimated rehabilitation costs for resource activities and ERC decisions

• 296 Definitions for division
• 297 Condition about ERC decision
Subdivision 2 - Applications
• 298 Applying for ERC decision
• 299 Administering authority may require additional information
Subdivision 3 - Changing applications
• 299A Meaning of minor ERC change
• 299B Changing application
• 299C Effect on ERC decision process
Subdivision 4 - ERC decisions
• 300 Making ERC decision
• 301 Notice of decision
• 302 Application for new ERC decision before expiry
302A. (Repealed)
• 303 Administering authority may direct holder to re-apply for ERC decision
• 304 When holder must re-apply for ERC decision
• 305 Current decision continues in force if application made but not decided before ERC period ends
• 306 Effect of amalgamation of environmental authority on ERC decision
306A. (Repealed)

Division 2 - Financial assurance for prescribed ERAs

• 307 Application of division
307A. (Repealed)
• 308 Requirement to give financial assurance for environmental authority
• 309 Application for decision about amount and form of financial assurance
309A. (Repealed) 309B. (Repealed) 309C. (Repealed) 309D. (Repealed) 309E. (Repealed) 309F. (Repealed) 309G. (Repealed) 309H. (Repealed) 309I. (Repealed) 309J. (Repealed) 309K. (Repealed) 309L. (Repealed) 309M. (Repealed) 309N. (Repealed) 309O. (Repealed) 309P. (Repealed) 309Q. (Repealed) 309R. (Repealed) 309S. (Repealed) 309T. (Repealed) 309U. (Repealed) 309V. (Repealed) 309W. (Repealed) 309X. (Repealed) 309Y. (Repealed) 309Z. (Repealed)
• 310 Deciding amount and form of financial assurance
310A. (Repealed) 310B. (Repealed) 310C. (Repealed) 310D. (Repealed) 310E. (Repealed) 310F. (Repealed) 310G. (Repealed) 310H. (Repealed) 310I. (Repealed) 310J. (Repealed) 310K. (Repealed) 310L. (Repealed) 310M. (Repealed) 310N. (Repealed) 310O. (Repealed) 310P. (Repealed) 310Q. (Repealed) 310R. (Repealed) 310S. (Repealed) 310T. (Repealed) 310U. (Repealed) 310V. (Repealed) 310W. (Repealed) 310X. (Repealed) 310Y. (Repealed) 310Z. (Repealed)
• 311 Notice of decision
311A. (Repealed) 311B. (Repealed) 311C. (Repealed) 311D. (Repealed) 311E. (Repealed) 311F. (Repealed) 311G. (Repealed) 311H. (Repealed) 311I. (Repealed) 311J. (Repealed) 311K. (Repealed) 311L. (Repealed) 311M. (Repealed) 311N. (Repealed) 311O. (Repealed) 311P. (Repealed) 311Q. (Repealed) 311R. (Repealed) 311S. (Repealed) 311T. (Repealed) 311U. (Repealed) 311V. (Repealed) 311W. (Repealed) 311X. (Repealed) 311Y. (Repealed) 311Z. (Repealed)
• 312 Application to amend or discharge financial assurance
312A. (Repealed) 312B. (Repealed) 312C. (Repealed) 312D. (Repealed) 312E. (Repealed) 312F. (Repealed) 312G. (Repealed) 312H. (Repealed) 312I. (Repealed) 312J. (Repealed) 312K. (Repealed) 312L. (Repealed) 312M. (Repealed) 312N. (Repealed) 312O. (Repealed) 312P. (Repealed) 312Q. (Repealed) 312R. (Repealed) 312S. (Repealed) 312T. (Repealed) 312U. (Repealed) 312V. (Repealed) 312W. (Repealed)
• 313 Administering authority may require compliance statement
• 314 Deciding application
• 315 Power to require a change to financial assurance
315A. (Repealed) 315B. (Repealed) 315C. (Repealed) 315D. (Repealed)
• 316 Replenishment of financial assurance

Division 3 - Claiming

• 316A Definitions for division
• 316B References to EPA assurance or surety
• 316C Application of division
• 316D Administering authority may claim or realise EPA assurance or ask scheme manager for payment
• 316E Notice about claiming or realising EPA assurance or asking scheme manager for payment
• 316F Considering representations
• 316G Decision

PART 14A - TEMPORARY AUTHORITIES FOR EMERGENCY SITUATIONS

Division 1 - Preliminary

• 316GA Definitions for part
• 316GB Exclusion of s 23 in particular circumstances

Division 2 - Temporary authorities

• 316GC Making application
• 316GD Deciding application
• 316GE Administering authority may impose conditions
• 316GF Granting authority
• 316GG Effect

PART 15 - GENERAL PROVISIONS

Division 1 - Requirement for holders of PRC plans

• 316H Obligation to give amended rehabilitation planning part to administering authority

Division 2 - Annual notices, fees and returns

• 316I Annual fee
• 316IA Annual returns
• 316J Particular requirement for annual returns for PRCP schedule holders
• 316K Particular requirement for annual return for CSG environmental authority

Division 3 - Changing anniversary day

• 316L Changing anniversary day
• 316M Deciding application
• 316N Notice of decision
• 316O When decision takes effect

Division 4 - Non-compliance with eligibility criteria

• 316P Requirement to replace environmental authority if non-compliance with eligibility criteria

Division 4A - Public interest evaluations

• 316PA Public interest evaluations
• 316PB Requirements for report about particular public interest evaluations
• 316PC Review of report
• 316PD Costs of public interest evaluations and reviews
• 316PE Confidentiality of public interest evaluation

Division 5 - Miscellaneous provisions

• 316Q Administering authority may seek advice, comment or information about application
• 316R Decision criteria are not exhaustive

CHAPTER 5A - GENERAL PROVISIONS ABOUT ENVIRONMENTALLY RELEVANT ACTIVITIES

PART 1 - ERA STANDARDS

• 317 Definitions for pt 1
• 318 Chief executive may make ERA standard
• 318A Notice of proposed ERA standards
• 318B Consideration of submissions
• 318C Publication of ERA standard
• 318D Approval of ERA standard by regulation
• 318DA Minor amendment of ERA standard

PART 2 - (Repealed)

PART 3 - (Repealed)

PART 4 - REGISTRATION OF SUITABLE OPERATORS

Division 1 - Applications for registration

• 318F Application for registration
• 318G Deciding application
• 318H Grounds for refusing application for registration
• 318I Steps after deciding application for registration
• 318J Term of registration

Division 2 - Cancelling or suspending registration

• 318K Cancellation or suspension of registration
• 318L Notice of proposed action
• 318M Considering representations
• 318N Decision on proposed action
• 318O Notice of proposed action decision
• 318P When decision takes effect
• 318Q Steps for cancelling or suspending registration

Division 3 - Investigating suitability

• 318R Investigation of applicant suitability or disqualifying events
• 318S Use of information in suitability report
• 318T Notice of use of information in suitability report
• 318U Confidentiality of suitability reports
• 318V Destruction of suitability reports

PART 5 - WORK DIARY REQUIREMENTS FOR PARTICULAR REGISTERED SUITABLE OPERATORS

• 318W Application of pt 5
• 318X Requirement to keep work diary
• 318Y Requirement to notify chief executive if work diary lost or stolen

PART 5A - ACCREDITATION PROGRAMS FOR AGRICULTURAL ERAS

Division 1 - Preliminary

• 318YA Definitions for part
• 318YB What is an accreditation program

Division 2 - Recognition of accreditation program

• 318YC Application
• 318YD Criteria for recognition
• 318YE Conditions of recognition
• 318YF Term of recognition

Division 3 - Renewal of recognition of accreditation program

• 318YG Assessment of program
• 318YH Renewal of recognition of program
• 318YI Approval continues pending decision about renewal

Division 4 - Application to amend recognised accreditation program or conditions

• 318YJ Application to approve amendment of recognised accreditation program or condition
• 318YK Deciding amendment application

Division 5 - General provisions for applications

• 318YL Application of division
• 318YM Inquiry about application
• 318YN Decision on application
• 318YO Failure to decide application

Division 6 - Amendment, suspension and cancellation by chief executive

• 318YP Amendment by chief executive
• 318YQ Grounds for suspending or cancelling program recognition
• 318YR Show cause notice
• 318YS Representations about show cause notice
• 318YT Ending show cause process without further action
• 318YU Amendment, suspension or cancellation
• 318YV Immediate suspension of recognition of accreditation program
• 318YW Required action after amendment, suspension, cancellation or end of accreditation program or recognition

PART 6 - PROGRESSIVE CERTIFICATION FOR RESOURCE ACTIVITIES

Division 1 - Preliminary

• 318Z What is progressive certification
• 318ZA Effect of progressive certification
• 318ZB Continuing responsibility of holder relating to certified area

Division 2 - Applying for progressive certification

• 318ZC Who may apply for progressive certification
• 318ZD Requirements for progressive certification application
• 318ZE Amending progressive certification application

Division 3 - Progressive certification report and further information

• 318ZF Requirements for progressive certification report
• 318ZG Administering authority may request further information

Division 4 - Deciding progressive certification application

• 318ZH Deciding progressive certification application
• 318ZI Criteria for decision
• 318ZJ Steps after making decision
• 318ZJA Administering authority may amend PRCP schedule
318ZK. (Repealed) 318ZL. (Repealed) 318ZM. (Repealed) 318ZN. (Repealed)

CHAPTER 6 - (Repealed)

CHAPTER 7 - ENVIRONMENTAL MANAGEMENT

PART 1 - ENVIRONMENTAL DUTIES

Division 1 - Duty to prevent and minimise environmental harm

• 319 General environmental duty
• 319A Special provision for activities involving relevant industrial chemicals

Division 2 - Duty to notify of environmental harm

• 320 Definitions for div 2
• 320A Application of div 2
Subdivision 2 - Duty of person carrying out an activity
• 320B Duty of particular employees to notify employer
• 320C Duty of other persons to notify particular owners and occupiers
Subdivision 3 - Duty of employer
• 320D Duty of employer to notify particular owners and occupiers
Subdivision 3A - Duty of owner, occupier or auditor
• 320DA Duty of owner, occupier or auditor to notify administering authority
Subdivision 3B - Duty of local government
• 320DB Duty of local government to notify administering authority
Subdivision 4 - Miscellaneous
• 320E Notice to occupiers of affected land
• 320F Defences and excuses for div 2
• 320G Use of notice in legal proceedings

PART 2 - ENVIRONMENTAL EVALUATIONS

Division 1 - Preliminary

• 321 What is an environmental evaluation

Division 2 - Environmental audits

• 322 Administering authority may require environmental audit about environmental authority or PRCP schedule
• 322A Chief executive may require environmental audit about recognised accreditation program for agricultural ERA
• 323 Administering authority may require environmental audit about other matters
• 324 Content of audit notice
• 325 Failure to comply with audit notice
Subdivision 2 - Audits by administering authority
• 326 Administering authority may conduct environmental audit for particular activities
• 326A Administering authority’s costs of environmental audit or report

Division 3 - Environmental investigations

• 326B When environmental investigation required—environmental harm
• 326BA When environmental investigation required—contamination of land
• 326C Content of investigation notice
• 326D Failure to comply with investigation notice
• 326DA Procedure to be followed if recipient is not owner

Division 4 - Requirement for declarations

• 326E Declarations to accompany report

Division 5 - Steps after receiving environmental reports

• 326F Administering authority may request further information
• 326G Decision about environmental report
• 326H Action following acceptance of report
• 326I Action following refusal of report

Division 6 - Miscellaneous

• 327 Costs of environmental evaluation and report
328. (Repealed)
• 329 Failure to make decision on environmental report taken to be refusal

PART 3 - TRANSITIONAL ENVIRONMENTAL PROGRAMS

Division 1 - Preliminary

• 330 What is a transitional environmental program

Division 2 - Applications for issue of transitional environmental programs

• 331 Requirements for applications generally
• 332 Administering authority may require particular entities to apply for issue of program
• 333 Voluntary application for issue of transitional environmental program
• 334 Administering authority may request further information
• 334A When application lapses
• 335 Public notice of making of particular applications
• 336 Authority may call conference
• 336A Administering authority may seek advice, comment or information about application
• 337 When decision must be made—generally
• 338 Criteria for deciding application
• 339 Deciding application
• 340 Notice of decision
• 340A Period of transitional environmental program
• 341 Content of transitional environmental program
• 342 Substantial compliance with Act may be accepted as compliance
• 343 Failure to approve application taken to be refusal
• 343A Notation of issue of transitional environmental program on particular environmental authorities

Division 3 - Amendment of transitional environmental programs

• 344 Application of particular provisions

Division 3A - Financial assurances

• 344A Administering authority may claim or realise financial assurance
• 344B Considering representations
• 344C Decision
• 344D Discharging financial assurance

Division 3B - Cancellation of transitional environmental programs

• 344E Cancelling transitional environmental program
• 344F Cancelling without holder’s agreement
• 344G Cancelled program noted under s 343A

Division 4 - Miscellaneous

• 345 Annual return
• 346 Effect of compliance with program
• 347 Notice of disposal by holder of program
• 348 Notice of ceasing to carry out activity by holder of program
• 349 Compliance with Act at completion of program

PART 4 - SPECIAL PROVISIONS ABOUT VOLUNTARY APPLICATIONS FOR TRANSITIONAL ENVIRONMENTAL PROGRAMS

• 350 Program notice
• 351 Program notice privileged
• 352 Authority to act on notice
• 353 Effect of program notice
• 354 Effect of failure to comply with program
• 355 Authority may apply to Court for order setting aside immunity from prosecution
• 356 Court to decide application
• 357 Power of Court to make order pending decision on application

PART 4A - TEMPORARY EMISSIONS LICENCES

• 357AAA Definition for pt 4A
• 357A What is an applicable event
• 357B Who may apply for temporary emissions licence
• 357C Deciding application
• 357D Criteria for decision
• 357E Decision about temporary emissions licence
• 357F Information notice
• 357G Temporary emissions licence
• 357H No transfer of licence
• 357I Failure to comply with conditions of licence
• 357J Amendment, cancellation or suspension of temporary emissions licence

PART 5 - ENVIRONMENTAL PROTECTION ORDERS

Division 1 - General

• 358 When order may be issued
• 359 Standard criteria to be considered before issue of order
• 360 Form and content of order
• 361 Offence not to comply with order
• 362 Notice of disposal by recipient
• 363 Notice of ceasing to carry out activity

Division 2 - Issue of orders to related persons of companies

• 363AA Definitions for division
• 363AB Who is a related person of a company
• 363ABA Decision whether to issue an order
• 363AC Order may be issued to related person
• 363AD Order may be issued to related person of high risk company
• 363AE Order may provide for joint and several liability
• 363AF Procedure if related person is not the owner of land on which action is required
• 363AG Taking action in place of related person
• 363AH Obstruction of recipient complying with notice
• 363AI Administering authority may issue cost recovery notice
• 363AJ Review of operation of division

PART 5A - DIRECTION NOTICES

• 363A Prescribed provisions
• 363B Authorised person may issue a direction notice
• 363C Matters to consider before issuing a direction notice relating to particular emissions
• 363D Requirements of direction notices
• 363E Offence not to comply with a direction notice

PART 5B - CLEAN-UP NOTICES

• 363F Definitions for pt 5B
• 363G Who are the prescribed persons for a contamination incident
• 363H Administering authority may issue clean-up notice
• 363I Offence not to comply with clean-up notice
• 363J Procedure if recipient is not the owner of land on which action is required
• 363K Taking action in place of recipient
• 363L Obstruction of recipient complying with notice

PART 5C - COST RECOVERY NOTICES

• 363M Who are the prescribed persons for a contamination incident
• 363N Administering authority may issue cost recovery notice
• 363O Several recipients of a cost recovery notice

PART 6 - (Repealed)

PART 7 - (Repealed)

PART 8 - CONTAMINATED LAND

Division 1 - Interpretation

• 370 Definitions for pt 8
• 370A References to owner

Division 2 - Including land in relevant land register

• 371 Grounds for including land in environmental management register
• 372 Grounds for including land in contaminated land register
Subdivision 2 - Show cause process for including land in relevant land register
• 373 Application of sdiv 2
• 374 Process for including land in relevant land register
• 375 Show cause notice to be given to owner of land
• 376 Making and considering submission
• 377 Decision about including land in relevant land register etc.
• 378 Notice of decision about including land in relevant land register
• 379 Notice to registrar of titles about including land in contaminated land register
Subdivision 2A - Voluntary inclusion of land in relevant register
• 379A Purpose of subdivision
• 379B Voluntary inclusion of land in relevant land register
• 379C Administering authority may request further information
• 379D Deciding inclusion request
• 379E Criteria for decision
• 379F Steps after making decision
• 379G Notice to registrar of titles about including land in contaminated land register
Subdivision 3 - Amending or removing particulars in relevant land register
• 380 Amending or removing particulars of land
• 381 Site investigation report or validation report
382. (Repealed)
• 383 Site management plan
• 384 Minor amendment
• 385 Notice to be given if particulars of land amended in or removed from register
• 386 Notice to registrar of titles if particulars of land amended in or removed from contaminated land register

Division 3 - Contaminated land investigation documents

• 387 Definition for div 3
Subdivision 2 - Content and submission of contaminated land investigation documents
• 388 Application of sdiv 2
• 389 Content of contaminated land investigation document
• 390 Requirements for submission of contaminated land investigation document
Subdivision 3 - Preparation of draft site management plan
• 391 Show cause notice
• 392 Making and consideration of submission
• 393 Decision about taking action
• 394 Notice of decision
• 395 Procedure to be followed if recipient is not owner
Subdivision 4 - Consideration of draft site management plans
• 396 Application of sdiv 4
• 397 Requiring another site management plan or additional information
• 398 Deciding whether to approve draft site management plan
• 399 Approval of draft site management plan
• 400 Refusal to approve draft site management plan
Subdivision 5 - Preparation of site management plan by administering authority
• 401 Procedure if administering authority prepares site management plan
Subdivision 6 - Amendment of site management plan
• 402 Voluntary amendment of site management plans
• 403 Amendment of site management plan with written agreement
• 404 Amending or requiring amendment of site management plan

Division 4 - Miscellaneous provisions

• 405 Registrar of titles to maintain records about contaminated land
• 406 Local government must not allow contravention of site management plan
• 407 Owner to give notice to occupant or proposed occupant
• 408 Owner to give notice to proposed purchaser

Division 5 - (Repealed)

Division 6 - (Repealed)

Division 7 - (Repealed)

CHAPTER 8 - GENERAL ENVIRONMENTAL OFFENCES

PART 1 - OFFENCES RELATING TO ENVIRONMENTALLY RELEVANT ACTIVITIES

Division 1 - Offences

• 426 Environmental authority required for particular environmentally relevant activities
426A. (Repealed) 427. (Repealed) 428. (Repealed)

Division 2 - Exemptions

• 429 Special provisions for interstate transporters of controlled waste

PART 2 - OFFENCES RELATING TO ENVIRONMENTAL REQUIREMENTS

Division 1 - Environmental authorities

• 430 Contravention of condition of environmental authority
• 431 Environmental authority holder responsible for ensuring conditions complied with

Division 1A - PRC plans

• 431A PRCP schedule required for particular environmentally relevant activities
• 431B Contravention of condition of PRCP schedule
• 431C Holder of PRCP schedule responsible for ensuring conditions of PRCP schedule complied with

Division 2 - Transitional environmental programs

• 432 Offence not to comply with program
432A. (Repealed)
• 433 Holder responsible for ensuring program complied with

Division 3 - Site management plans

• 434 Contravention of plan

Division 5 - (Expired)

Division 6 - (Expired)

PART 2A - OFFENCES RELATING TO CONDITIONS

• 435A Offence to contravene prescribed conditions for particular activities
435B. (Repealed)

PART 3 - OFFENCES RELATING TO ENVIRONMENTAL HARM

• 437 Offences of causing serious environmental harm
• 438 Offences of causing material environmental harm
• 439 Court may find defendant guilty of causing material environmental harm if charged with causing serious environmental harm
• 440 Offence of causing environmental nuisance

PART 3A - (Repealed)

PART 3B - OFFENCES RELATING TO NOISE STANDARDS

Division 1 - Preliminary

• 440K Definitions for pt 3B
• 440L Meaning of audible noise
• 440M Reference to making a noise
• 440N Noise levels measured at an affected building

Division 2 - Application of noise standards

• 440O Local law may prescribe noise standards
• 440P Default noise standards under div 3
• 440Q Offence of contravening a noise standard

Division 3 - Default noise standards

• 440R Building work
• 440S Regulated devices
• 440T Pumps
• 440U Air-conditioning equipment
• 440V Refrigeration equipment
• 440W Indoor venues
• 440X Open-air events
• 440Y Amplifier devices other than at indoor venue or open-air event
• 440Z Power boat sports in waterway
• 440ZA Operating power boat engine at premises, jetty or pontoon
• 440ZB Blasting
• 440ZC Outdoor shooting ranges

PART 3C - OFFENCES RELATING TO WATER CONTAMINATION

• 440ZD Definitions for pt 3C
• 440ZE Meaning of deposits for pt 3C
• 440ZF Prescribed water contaminants
• 440ZG Depositing prescribed water contaminants in waters and related matters

PART 3D - (Repealed)

PART 3E - OFFENCES RELATING TO AIR CONTAMINATION

• 440ZL Sale of solid fuel-burning equipment for use in residential premises and related matters
• 440ZM Permitted concentration of sulfur in liquid fuel for use in stationary fuel-burning equipment

PART 3F - OFFENCES RELATING TO FUEL STANDARDS

Division 1 - Preliminary

• 440ZN Purpose of pt 3F
• 440ZO Definitions for pt 3F

Division 2 - Offences

• 440ZP Non-application of div 2
• 440ZQ Supply of fuel that does not comply with Commonwealth fuel standard determinations
• 440ZR Permitted Reid vapour pressure—fuel with particular ethanol content
• 440ZS Permitted Reid vapour pressure—other fuel

Division 3 - Exemptions

• 440ZT Making applications
• 440ZU Request for further information
• 440ZV Deciding applications
• 440ZW Giving exemptions
• 440ZX Refusing applications

Division 4 - Record keeping

• 440ZY Record keeping requirements

PART 4 - OTHER OFFENCES

• 442 Offence of releasing prescribed contaminant
• 443 Offence to place contaminant where serious or material environmental harm may be caused
• 443A Offence to place contaminant where environmental nuisance may be caused
• 444 Offence of interfering with monitoring equipment

CHAPTER 8A - REHABILITATION COMMISSIONER

PART 1 - APPOINTMENT

• 444A Appointment
• 444B Term of appointment
• 444C Remuneration and conditions
• 444D Leave of absence
• 444E Vacancy in office
• 444F Removal from office
• 444G Acting rehabilitation commissioner
• 444H Preservation of rights

PART 2 - FUNCTIONS AND POWERS

• 444I Functions
• 444J Powers
• 444K Publication of advice, reports and guidance
• 444L Delegation
• 444M Staff services from government agency
• 444N Ministerial direction
• 444O Annual report

CHAPTER 9 - INVESTIGATION AND ENFORCEMENT

PART 1 - ADMINISTRATION GENERALLY

• 445 Appointment of authorised persons
• 446 Terms of appointment of authorised persons
• 447 Powers of authorised persons
• 448 Issue of identity cards
• 449 Production of identity card
• 450 Protection from liability
• 451 Administering authority may require relevant information

PART 2 - POWERS OF AUTHORISED PERSONS FOR PLACES AND VEHICLES

• 452 Entry of place—general
• 453 Entry of land—search, test, sample etc. for release of contaminant
• 454 Entry of land—preliminary investigation
• 455 Entry of land for access
• 456 Warrants
• 457 Warrants—applications made otherwise than in person
• 458 Order to enter land to conduct investigation or conduct work
• 459 Entry or boarding of vehicles
• 460 General powers for places and vehicles
• 461 Power to seize evidence
• 462 Procedure after seizure of evidence
• 463 Forfeiture of seized thing on conviction

PART 2A - (Repealed)

PART 3 - OTHER ENFORCEMENT POWERS OF AUTHORISED PERSONS

• 464 Power to require name and address
• 465 Power to require answers to questions
• 466 Power to require production of documents

PART 4 - EMERGENCY POWERS OF AUTHORISED PERSONS

• 466A Application of pt 4
• 466B What is an emergency
• 467 Authorised person may take or direct someone to take stated action
468. (Repealed)

PART 5 - OFFENCES

• 469 Failure of authorised person to return identity card
• 470 Failure to give information to administering authority
• 471 Failure to comply with signal
• 472 Failure to comply with requirements about vehicles
• 473 Failure to help authorised person—emergency
• 474 Failure to help authorised person—other cases
474A. (Repealed)
• 475 Failure to give name and address etc.
• 476 Failure to attend, answer questions or nominate representative
• 477 Failure to produce document
• 478 Failure to comply with authorised person’s direction in emergency
479. (Repealed)
• 480 False or misleading documents
• 480A Incomplete documents
• 481 False or misleading information
• 482 Obstruction of authorised persons
• 483 Impersonation of authorised person
• 484 Attempts to commit offences

PART 5A - OBTAINING CRIMINAL HISTORY REPORTS

• 484A Purpose of part
• 484B Definition for part
• 484C Chief executive may obtain criminal history report

PART 6 - GENERAL

• 485 Consent to entry
• 486 Authorised person to give notice of seizure or damage
• 487 Compensation
• 488 Administering authority to reimburse costs and expenses incurred
• 489 Costs of investigation or remediation to be paid by recipient

CHAPTER 10 - LEGAL PROCEEDINGS

PART 1 - EVIDENCE

• 490 Evidentiary provisions
• 491 Special evidentiary provision—particular emissions
• 491A Further special evidentiary provisions for noise
• 492 Responsibility for acts or omissions of representatives

PART 2 - EXECUTIVE OFFICER LIABILITY

• 493 Executive officers must ensure corporation complies with Act

PART 2A - UNLAWFULNESS OF PARTICULAR ACTS

• 493A When environmental harm or related acts are unlawful

PART 3 - LEGAL PROCEEDINGS

• 494 Indictable and summary offences
• 495 Proceedings for indictable offences
• 496 Limitation on who may summarily hear indictable offence proceedings
• 497 Limitation on time for starting summary proceedings
• 498 Notice of defence
• 499 Proof of authority
• 500 Fines payable to local government
• 501 Recovery of costs of rehabilitation or restoration etc.
• 502 Court may make particular orders
• 502A Administering authority may take action and recover costs
• 503 Recovery of costs of investigation
• 504 Offences relating to Great Barrier Reef World Heritage Area

PART 4 - RESTRAINT ORDERS

• 505 Restraint of contraventions of Act etc.
• 506 Power of Court to make order pending determination of proceeding
• 506A Orders against persistent offenders

PART 5 - ENFORCEABLE UNDERTAKINGS

• 507 Administering authority may accept enforceable undertakings
• 508 Effect of enforceable undertaking
• 509 Withdrawal or variation of enforceable undertaking
• 510 Amending enforceable undertaking—with agreement
• 511 Amending enforceable undertaking—clerical or formal errors
• 512 Amending or suspending enforceable undertaking—after show cause process
• 513 Contravention of enforceable undertaking

CHAPTER 11 - ADMINISTRATION

PART 1 - DEVOLUTIONS

• 514 Devolution of powers

PART 2 - DELEGATIONS

• 515 Delegation by Minister
• 516 Delegation by chief executive
• 517 Delegation by administering executive or local government chief executive officer
• 518 Delegation by administering authority

PART 3 - REVIEW OF DECISIONS AND APPEALS

Division 1 - Interpretation

• 519 Original decisions
• 520 Dissatisfied person

Division 2 - Internal review of decisions

• 521 Procedure for review

Division 3 - Appeals

• 523 Review decisions subject to Land Court appeal
• 524 Right of appeal
• 525 Appeal period
• 526 Land Court mediation
• 527 Nature of appeal
• 528 Land Court’s powers for appeal
529. (Repealed)
• 530 Decision for appeals
Subdivision 2 - Appeals to Court
• 531 Who may appeal
• 532 How to start appeal
• 533 Appellant to give notice of appeal to other parties
• 534 Persons may elect to become respondents to appeal
535B. (Repealed) 535C. (Repealed)
• 536 Hearing procedures
• 537 Assessors
• 538 Appeals may be heard with planning appeals
• 539 Powers of Court on appeal

Division 4 - Stays

• 539A Stay of operation of original decisions for internal review
• 539B Stay of operation of decisions appealed against to Land Court or Court
• 539C Stay of decision about financial assurance
• 539D Stay of particular decisions if unacceptable risk of environmental harm
• 539E Stay of decision to issue a clean-up notice
• 539F Effect of stay of ERC decision

PART 4 - GENERAL

• 540 Registers to be kept by administering authority
• 540A Registers to be kept by chief executive
• 541 Keeping of registers
• 542 Inspection of register
• 542A Personal information on register
• 543 Appropriate fee for copies
• 544 Approved forms
• 545 Advisory committees
• 546 Chief executive may require administering authority to report
• 546A Chief executive to provide annual report
• 547 State of environment report

CHAPTER 11A - (Expired)

CHAPTER 12 - MISCELLANEOUS

PART 1 - GUIDELINES

• 548 Chief executive may make guidelines for administering authorities
• 548A Guidelines about issuing particular environmental protection orders
• 549 Chief executive may make guidelines to inform persons
549A. (Repealed)
• 550 Chief executive may make guidelines for particular matters under ch 5
550A. (Repealed)

PART 1A - CODES OF PRACTICE

• 551 Codes of practice

PART 2 - GENERAL PROVISIONS ABOUT APPLICATIONS AND SUBMISSIONS

• 552 When documents are served
• 553 Electronic applications and submissions
• 554 Electronic notices about applications and submissions
555. (Repealed) 556. (Repealed) 557. (Repealed)
• 558 Publication of decision or document by administering authority
559. (Repealed) 560. (Repealed) 561. (Repealed) 562. (Repealed) 563. (Repealed)

PART 3 - SUITABLY QUALIFIED PERSONS

• 564 Definitions for pt 3
• 565 Only suitably qualified person can perform regulatory functions
• 566 Declaration to accompany document

PART 3A - AUDITORS

Division 1 - Preliminary

• 567 Who is an auditor
• 568 Auditor’s functions

Division 2 - Obtaining approval as auditor

• 569 Who may apply
• 570 Requirements for application
• 571 Deciding application
• 572 Criteria for decision
• 573 Notice of decision
• 574 Term of approval

Division 3 - Performance of auditor’s functions

• 574A Who may perform auditor’s functions
• 574B Auditor must comply with approval
• 574BA Administering authority may recover costs or expenses
• 574C Declaration to accompany particular documents

Division 4 - Amendment, suspension or cancellation of approval

• 574D Grounds for amendment, suspension or cancellation
• 574E Show cause notice
• 574F Representations about show cause notice
• 574G Amendment, suspension or cancellation

Division 5 - Complaints

• 574H Making a complaint against an auditor
• 574I What happens after a complaint is made
• 574J Notice of decision

Division 6 - Miscellaneous

• 574K Obligation to keep certificate of approval
• 574L Impersonation of auditor
• 574M False or misleading reports, certifications or declarations

PART 4 - ENTRY TO LAND TO COMPLY WITH ENVIRONMENTAL REQUIREMENT

• 575 Entry orders
• 576 Procedure for entry under entry order
• 577 Duty to avoid damage
• 578 Notice of damage
• 579 Compensation

PART 4A - VALIDATION

• 579A Validation of amendment of environmental authority MIM800098402

PART 4B - PROTOCOLS AND STANDARDS

• 579B Protocols
• 579C Prescribed standards

PART 4C - (Expired)

PART 5 - REGULATIONS

• 580 Regulation-making power
• 581 Integrated development approval system regulations and guidelines

CHAPTER 13 - SAVINGS, TRANSITIONAL AND RELATED PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 1997

• 582 Transfer of certain land on contaminated sites register to environmental management register
• 583 Transfer of certain land on contaminated sites register to contaminated land register

PART 2 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2000

Division 1 - Preliminary

• 584 Definitions for pt 2

Division 2 - Existing environmental authorities and mining activities

• 585 What is a condition of a mining tenement for div 2
Subdivision 2 - Existing authorities for mining activities
• 586 Existing authority becomes an environmental authority (mining activities)
• 586A Existing authority becomes an environmental authority (mining activities)
• 587 Conditions of environmental authority
Subdivision 3 - Existing mining activities without environmental authority
• 588 New environmental authority (mining activities) for existing activities
• 589 Conditions of environmental authority

Division 3 - Unfinished applications

• 590 Procedure if certificate of application issued and conditions decided
• 591 Procedure for other unfinished applications

Division 4 - Transitional authorities for mining activities

• 592 Meaning of transitional authority for div 4
Subdivision 2 - Special provisions for transitional authorities
• 593 Transitional authority taken to be non-code compliant
• 594 Limited application of s 426 for transitional authority
• 595 Requirement to apply to amend, surrender or transfer transitional authority
• 596 Notice by administering authority to amend, surrender or transfer transitional authority
• 597 Consequences of failure to comply with reminder notice
• 598 Financial assurance for transitional authority
• 599 Effect of financial assurance on security
• 600 Plan of operations
• 601 Annual fee and return for first year of transitional period
• 602 Anniversary day for certain transitional authorities
Subdivision 3 - Amendment and consolidation of transitional authorities
• 603 Application to convert transitional authority to environmental authority for a level 2 mining project
• 603A Requirements for conversion application
• 603B Automatic conversion for particular applications
• 603C Deciding application if additional conditions requested
• 604 Other amendment applications
• 605 Additional grounds for amendment by administering authority
• 606 Ministerial power to amend
• 607 Consolidation of conditions for same mining project
Subdivision 4 - Environmental management plan requirements
• 608 Environmental management plan may be required
• 609 Consequence of failure to comply with requirement

Division 5 - Transitional provisions other than for mining activities

• 610 Application of div 5
• 611 Unfinished applications under existing Act
• 612 Environmental authorities under existing Act

Division 6 - Original provisions about special agreement Acts

• 614 Existing Act continues to apply for special agreement Acts until div 7 commences

Division 7 - Provisions about special agreement Acts inserted under Environmental Protection and Other Legislation Amendment Act 2008

• 615 Definitions for div 7
• 616 What is a condition under a special agreement Act
• 616A EPA provisions prevail
Subdivision 2 - Conversion of SAA environmental authorities (mining)
• 616B Conversion to transitional authority (SAA)
• 616C Conditions of transitional authority (SAA)
• 616D Changing conditions of transitional authority (SAA)
Subdivision 3 - Unfinished applications
• 616E Procedure for unfinished applications
Subdivision 4 - Special provisions for transitional authorities (SAA)
• 616F Transitional authority (SAA) taken to be non-code compliant
• 616G Limited application of s 426 for transitional authority (SAA)
• 616H Requirement to apply for new authority or amend etc. transitional authority (SAA)
• 616I Financial assurance for transitional authority (SAA)
• 616J Effect of financial assurance on security
• 616K Plan of operations
• 616L First anniversary day for transitional authority (SAA)
• 616M End of transitional authority (SAA)
Subdivision 5 - Applications for new authorities
• 616N Application of sdiv 5
• 616O Application of current Act to new authority application
• 616P No public notice or EIS requirement for particular new authority application
• 616Q Reference to State government agreement includes particular rights
Subdivision 6 - Amendment of transitional authorities (SAA) for conversion to new authorities
• 616R Application of sdiv 6
• 616S Application of current Act to amendment application
• 616T No public notice or EIS requirement for particular amendment applications
• 616U Reference to State government agreement includes particular rights
• 616V Consolidation of conditions for same mining project
Subdivision 7 - Amendment of transitional authorities (SAA) other than by application
• 616W Additional grounds for amendment by administering authority
• 616X Ministerial power to amend
Subdivision 8 - Provisions for chapter 4 activities
• 616Y Application of sdiv 8
• 616Z Continuing effect of environmental authority as a registration certificate and development approval
• 616ZA Additional ground for changing or cancelling development conditions
• 616ZB End of environmental authority
• 616ZC Administering authority may issue replacement documents
Subdivision 9 - Other matters
• 616ZCA Continuing effect of particular environmental authorities
• 616ZCB Validation of particular development approvals and registration certificates

Division 8 - Miscellaneous provision

• 616ZD Requirement to seek advice from MRA chief executive

PART 3 - VALIDATION PROVISION FOR ENVIRONMENTAL PROTECTION AND ANOTHER ACT AMENDMENT ACT 2002

• 617 Validation of particular environmental authorities

PART 4 - TRANSITIONAL PROVISION FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2002

• 618 Section 318A does not apply for transitional authority

PART 5 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION LEGISLATION AMENDMENT ACT 2003

• 619 Continuing effect of particular environmental authorities
• 620 Additional ground for changing or cancelling development conditions
• 621 Administering authority may issue replacement documents
622. (Repealed)
• 623 Effect of commencement on level 1 approvals for particular environmentally relevant activities
• 624 Effect of commencement on particular approvals
• 625 Effect of commencement on applications for development approvals for level 2 environmentally relevant activities
• 626 Effect of commencement on particular applications in progress
• 627 Effect of commencement on development approval applications in progress
• 628 Effect of commencement on particular actions in progress
629. (Repealed)
• 630 Continuing operation of s 611 (Unfinished applications under existing Act)

PART 6 - TRANSITIONAL PROVISIONS FOR PETROLEUM AND OTHER LEGISLATION AMENDMENT ACT 2004

• 631 Financial assurance if security for related petroleum authority is monetary
• 632 Financial assurance if security for related petroleum authority is non-monetary
• 633 Effect of financial assurance on the security
• 634 Amendment of financial assurance condition under this part

PART 7 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2004

Division 1 - Original provisions

• 635 Definitions for div 1
Subdivision 2 - Provisions for former integrated authorities
• 636 Application of sdiv 2
• 637 Continuing status of each constituent part as an environmental authority
• 638 Re-issuing of environmental authorities if they do not form a single mining or petroleum project
Subdivision 3 - Other provisions
• 639 Environmental authorities under old chapter 4A
• 640 Applications in progress under old chapter 4A
• 641 Existing environmental management documents

Division 2 - Provisions inserted under Environmental Protection and Other Legislation Amendment Act 2007

• 641A Definition for div 2
• 641B Non-standard environmental authority taken to be environmental authority for level 1 mining project
• 641C Standard environmental authority taken to be environmental authority for level 2 mining project

PART 8 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005

• 642 EISs currently undergoing EIS process
• 643 Transitional provision for amended ss 619 and 624

PART 9 - TRANSITIONAL PROVISION FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2007

• 644 References to environmental management programs or draft programs

PART 10 - SAVINGS PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2008

• 645 Definition for pt 10
• 646 Accrediting entity for s 440ZL

PART 11 - TRANSITIONAL PROVISIONS FOR GREENHOUSE GAS STORAGE ACT 2009

Division 1 - Preliminary

• 647 Definitions for div 1

Division 2 - Provisions for Zerogen

• 648 New environmental authority for Zerogen’s converted GHG permits
• 649 New environmental authority for Zerogen’s new GHG permit

Division 3 - Provisions for replacement of former chapter 4A with chapter 5A

• 650 References to former chapter 4A
• 651 Environmental authorities (petroleum activities) other than converted authorities
• 652 References to environmental authorities (petroleum activities) and their levels
• 653 Migration of undecided applications
• 654 Migration of decisions and documents
• 655 Migration of outstanding appeals

PART 12 - (Repealed)

PART 13 - TRANSITIONAL PROVISIONS FOR GREAT BARRIER REEF PROTECTION AMENDMENT ACT 2009

• 657 Deferral of automatic ERMP requirement for existing agricultural ERAs
• 658 Provision for appeals for ch 4

PART 14 - TRANSITIONAL PROVISION FOR SUSTAINABLE PLANNING ACT 2009

• 659 Continuing application of ch 4, pt 1

PART 15 - TRANSITIONAL PROVISIONS FOR SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) AND OTHER LEGISLATION AMENDMENT ACT 2010

• 660 Definitions for pt 15
• 661 Temporary prohibition on constructing CSG evaporation dams under existing CSG authority
• 662 Revised (CSG) EM plan required for existing CSG authority
• 663 First annual return for existing CSG authority

PART 16 - TRANSITIONAL PROVISIONS FOR GEOTHERMAL ENERGY ACT 2010

• 664 Deferral of requirement for environmental authority for existing authorised geothermal activities
• 665 Deferral of requirement for environmental authority for Birdsville geothermal lease

PART 17 - TRANSITIONAL PROVISIONS FOR THE ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2011

• 666 Definitions for pt 17
• 667 Existing EISs
• 668 Existing application for registration to carry out chapter 4 activity
• 669 Registration to carry out chapter 4 activity
• 670 Existing non-code compliant application for a level 1 mining project
• 671 Existing draft transitional environmental programs
• 672 Transitional environmental programs
• 673 Existing application for disclosure exemption
• 674 Existing reviews and appeals about disclosure exemptions
• 675 Existing disclosure exemptions

PART 18 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION (GREENTAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2012

Division 1 - Preliminary

• 676 Definitions for pt 18

Division 2 - Provisions for chapter 4 activities

• 676A Environmentally relevant activity may be prescribed as non-transitional ERA
Subdivision 2 - Chapter 4 activities that are not transitioned
• 676B Application of sdiv 2
• 676C Continuing effect of unamended Act for non-transitional ERA
Subdivision 3 - Chapter 4 activities that are transitioned
• 676D Application of sdiv 3
• 677 Continuing effect of existing development permit for chapter 4 activity as environmental authority
• 678 Existing development application for chapter 4 activity
• 678A Application to convert particular existing conditions into environmental authority
• 678B Requirements for conversion application
• 678C Criterion for decision
• 678D Grant of environmental authority for conversion
• 678E When environmental authority takes effect
• 678F Notice of decision
• 679 Continuing effect of existing UDA development approval for chapter 4 activity as environmental authority
• 680 Continuing effect of existing registration certificate as environmental authority
• 681 Existing application for registration to carry out chapter 4 activity

Division 3 - Provisions for environmental authorities (mining activities)

• 682 Continuing effect of existing environmental authority (mining activities) as environmental authority
• 683 Effect of commencement on particular applications
• 684 Existing progressive certification
• 685 Existing application for progressive certification
• 686 Existing surrender notice
• 687 Existing audit notices
• 688 Existing appointment of auditor
• 689 Existing notice of proposed amendment, cancellation or suspension of environmental authority

Division 4 - Provisions for other environmental authorities

• 690 Continuing effect of existing environmental authority (chapter 5A activities) as environmental authority
• 691 Existing application for environmental authority (chapter 5A activities))
• 692 Existing surrender notice
• 693 Existing notice of proposed amendment, cancellation or suspension of environmental authority

Division 5 - Transitional authorities for environmentally relevant activities

• 694 Definition for div 5
• 695 Application to convert conditions of transitional authority to standard conditions
• 696 Requirements for conversion application
• 697 Deciding conversion application
• 698 Steps after making decision

Division 5A - Suspended activities

• 698A Application of div 5A
• 698B Application to convert surrender of registration certificate to suspension of environmental authority
• 698C Application of ch 5, pt 11A, divs 2 to 4 to conversion application
• 698D Effect of conversion

Division 6 - Financial assurance

• 699 Existing financial assurance requirement

Division 7 - Provisions about codes of practice

• 700 Existing codes of practice

Division 8 - Provisions about environmental management plans

• 701 Conditions about environmental management plans for particular environmental authorities

Division 9 - Provisions about plans of operations

• 702 Existing plan of operations
• 703 Plan of operations for environmental authority for petroleum activity that relates to petroleum lease

Division 10 - Miscellaneous provisions

• 704 Existing application to change anniversary day
• 705 Particular persons taken to be registered suitable operator
• 706 Effect of proposed standard environmental conditions prepared before commencement of amending Act
• 707 Deferment of application of s 426 to newly prescribed ERAs
• 707A Eligibility criteria and standard conditions for particular environmentally relevant activities
• 707B (Expired)
• 708 References to chapter 4 activity, development approval or registration certificate
• 709 References to former chapters 5 and 5A
• 710 References to former terms

PART 19 - TRANSITIONAL PROVISIONS FOR THE MINING AND OTHER LEGISLATION AMENDMENT ACT 2013

• 711 Provision about cancellation of environmental authority
• 712 Provision about financial assurance

PART 20 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL OFFSETS ACT 2014

• 713 Continued effect to make payment
• 714 Environmental offset conditions
• 715 (Expired)

PART 21 - SAVING AND TRANSITIONAL PROVISIONS FOR STATE DEVELOPMENT, INFRASTRUCTURE AND PLANNING (RED TAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2014

• 715A Definition for pt 21
• 715B (Expired)
• 715C (Expired)
• 715D Applications for environmental authorities and amendment applications for particular resource activities
• 716 (Expired)

PART 22 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014

• 717 Contraventions of s 427 before its repeal
• 719 Pre-amended Act continues to apply for particular mining leases

PART 23 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2014

Division 1 - Preliminary

• 720 Definitions for pt 23

Division 2 - Transitional provisions for amendments commencing on assent

• 721 Submission of EIS
• 722 Decision on whether EIS may proceed
• 723 Proponent may resubmit EIS
• 724 Assessment of adequacy of response to submission and submitted EIS
• 725 Suspension application
• 726 ERA standards

Division 3 - Transitional provisions for amendments commencing by proclamation

• 727 Applicant may elect for particular application to be dealt with as standard application or variation application
• 728 Applicant may elect for particular requirements to apply to particular application
• 729 Applicant may elect for particular requirements to apply to site-specific applications—CSG activities
• 730 Conditions that must be imposed on particular applications
Subdivision 2 - Amendments related to replacement of former chapter 7, part 8
• 731 Definition for sdiv 2
• 732 Continuing effect of registration of land
• 733 Provision for land recorded under repealed Act
• 734 Continuing effect of notices given under former chapter 7, part 8
• 735 Continuing effect of site management plan made under former chapter 7, part 8
• 736 Particular existing applications
• 737 Applications for approval of draft site management plans
• 738 Notice to purchaser
• 739 Disposal permits

PART 24 - TRANSITIONAL PROVISIONS FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016

• 740 Definitions for part
• 741 Existing development application relating to prescribed ERA
• 742 Compliance permits given under repealed Planning Act
• 743 Existing development condition requiring a transitional environmental program

PART 25 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION (CHAIN OF RESPONSIBILITY) AMENDMENT ACT 2016

• 743A Definitions for part
• 744 Amendment of environmental authority because of particular pre-commencement matter
• 745 Decision about related persons based on particular pre-commencement matters
• 746 Extension of power to issue environmental protection orders to particular persons
• 747 Requirements under environmental protection orders may relate to past matters

PART 26 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION (UNDERGROUND WATER MANAGEMENT) AND OTHER LEGISLATION AMENDMENT ACT 2016

• 748 Particular applications made but not decided before commencement
• 749 Administering authority to make decision on s 683 applications

PART 27 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES (FINANCIAL PROVISIONING) ACT 2018

• 750 Definitions for part
• 751 Pre-amended Act applies to mining EA applicants
• 752 Existing plan of operations for petroleum lease
• 753 Plan of operations for mining lease
• 754 Requirement for mining EA holders to give proposed PRC plan
• 755 Administering authority must assess proposed PRC plan
• 755A Application of requirement for public interest evaluation for application stage
• 755B Application of notification stage
• 756 Administering authority may amend environmental authority
• 757 Applications for decision about amount and form of financial assurance
• 758 When existing condition requiring financial assurance ends
• 759 Claiming on or realising financial assurance started before the commencement
• 760 Existing applications to amend or discharge financial assurance
• 761 ERC decisions for environmental authorities for resource activities
• 762 ERC decisions for environmental authorities for resource activities if s 761 does not apply
• 763 Application of s 298 before PRC plan is in force
• 764 Application of s 21A of amended Act
• 765 Transfer of funds
• 765A Application of part if holder of environmental authority changes
• 765B Application of s 431A for particular mining EA holders
• 766 (Expired)

PART 28 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION (GREAT BARRIER REEF PROTECTION MEASURES) AND OTHER LEGISLATION AMENDMENT ACT 2019

• 767 Definitions for part
• 768 Initial agricultural ERA standards
• 769 Recognition of existing accreditation programs
• 770 Persons accredited under existing accreditation programs
• 771 Record keeping obligation for existing agricultural ERA continues
• 772 Proceedings for offences against previous provisions
• 773 Amnesty for environmental risk management plan offences
• 774 Review of impact of ch 4A on contaminant levels

PART 29 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION (COVID-19 EMERGENCY RESPONSE) AMENDMENT ACT 2020

• 775 Continued effect of temporary authorities under expired ch 11A, pt 1
• 776 Continuation of exemption given under expired ch 11A, pt 2

PART 30 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2020

• 777 Definition for part
• 778 Existing applications for environmental authorities
• 779 Existing amendment applications
• 780 Existing amalgamation and de-amalgamation applications
• 781 Existing transfer applications
• 782 Existing surrender applications
• 783 Existing suspension periods for environmental authorities
• 784 Existing de-amalgamated environmental authorities
• 785 Existing re-applications for ERC decisions
• 786 Application of s 303 to ERC decisions made before commencement
• 787 Application of provisions in relation to environmental authorities held by entities
• 788 Existing applications for registration of suitable operators
• 789 Existing progressive certification applications
• 790 Existing review applications
• 791 Existing applications for stays

PART 31 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023

Division 1 - Preliminary

• 792 Definitions for part

Division 2 - Transitional environmental programs

• 793 Existing submission of draft transitional environmental program
• 794 Existing transitional environmental program
• 795 Proceeding for offence against former s 432A

Division 3 - PRC plans

• 796 Meaning of terms for division
• 797 Application of pt 27 to holders of environmental authorities that have not taken effect
Subdivision 2 - Application of pt 27 to particular amalgamated or de-amalgamated environmental authorities
• 798 Definitions for subdivision
• 799 Application of subdivision
• 800 Application of applied provisions
• 801 Notice for original EA taken to have been withdrawn in particular circumstances
Subdivision 3 - Provision for approval of particular PRC plans
• 802 Particular holders may apply for PRC plan approval for pt 27

Division 4 - Miscellaneous

• 803 Existing EIS process—application of ch 3
• 804 Existing site-specific application—application of new s 172
• 805 Existing amendment application—application of s 230
• 806 Suspension—application of s 278B
• 807 Application of new s 493
• 808 Orders under new s 506A
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
FIGURE