Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 802

802 Particular holders may apply for PRC plan approval for pt 27

(1) This section applies if—

(a) a PRCP schedule is not approved for an environmental authority to which part 27 applies (including because of the operation of this division) because—

(i) the holder of the authority has failed to comply with a notice given under 754; or

(ii) the holder of the authority has not received a notice required to be given to the holder under section 754; or

(iii) the administering authority has given the holder of the environmental authority a written notice refusing to approve a proposed PRCP schedule; and

(b) a PRCP schedule is required under this Act for an environmentally relevant activity carried out under the authority; and

(c) no other provision of this Act enables the holder to apply for approval of a PRCP schedule for the authority.

(2) The holder of the environmental authority may ask the administering authority to assess a proposed PRC plan for the environmental authority.

(3) If the application is made within 5 years after the commencement of this section, sections 754(3) to (9) and 755 to 756 apply in relation to the proposed PRC plan as if—

(a) a notice had been given to the holder under section 754(1); and

(b) the proposed PRC plan had been given to the administering authority in compliance with the notice.

(4) If subsection (3) does not apply, the administering authority must assess the proposed PRC plan under chapter 5, parts 2 to 5, as if the PRC plan accompanied an application for an environmental authority for a relevant activity made under section 125(1)(n).

(5) Nothing in this section limits the application of section 431A to the holder of an environmental authority.