Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 318ZB

318ZB Continuing responsibility of holder relating to certified area

(1) This section applies if progressive certification has been given for a relevant tenure.

(2) The holder of the environmental authority to which the relevant tenure relates must maintain the certified area for the relevant tenure under the conditions of the authority, or rehabilitation milestones or management milestones under a PRCP schedule, in force when the certification was given (the
"existing conditions" ).

(3) Any change to the conditions of the environmental authority, or rehabilitation milestones or management milestones under the schedule, is of no effect to the extent it purports to impose a more stringent obligation for the certified area than an obligation applying under the existing conditions or milestones.

Example of a change to impose a more stringent requirement—

A change to an existing condition to require rehabilitation to alter a gradient to a lower slope is more stringent because of the necessarily increased costs of recontouring the gradient.

(4) The obligation under subsection (2) ends on the last of the following to happen—

(a) the surrender under resource legislation of the relevant tenure, or part of the relevant tenure;

(b) the environmental authority or PRCP schedule ends or ceases to have effect;

(c) if the existing conditions include a condition requiring compliance with an obligation after the authority ends or ceases to have effect—compliance with the condition.