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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 268A
Criteria for decision—prescribed resource activities in overlapping area
268A Criteria for decision—prescribed resource activities in overlapping
area
(1) This section applies if— (a) the environmental authority the subject of
the surrender application— (i) is for a prescribed resource activity; and
(ii) relates to land in an overlapping area; and
(b) another prescribed
resource activity (the
"overlapping prescribed resource activity" ) is being, or is proposed to be,
carried out in the overlapping area.
(2) In deciding the surrender
application, the administering authority must also consider— (a) the extent
to which compliance with a rehabilitation condition of the environmental
authority, or a PRCP schedule, is impossible or impractical due to the
carrying out of the overlapping prescribed resource activity; and
(b) whether
an environmental authority or PRCP schedule for the
overlapping prescribed resource activity has been amended to include a
condition equivalent to the rehabilitation condition of the environmental
authority to be surrendered.
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