Queensland Numbered Acts

MINERAL AND ENERGY RESOURCES (FINANCIAL PROVISIONING) ACT 2018 - SECT 123

123 Replacement of ss 195 and 197

Sections 195 and 197—
omit, insert —

195 Issuing environmental authority or PRCP schedule

(1) This section applies if the administering authority—

(a) decides to approve an application for an environmental authority; or

(b) decides to approve a draft PRCP schedule for a proposed PRC plan; or

(c) makes a decision under section 170(2)(b) or 171(2)(b).

(2) The administering authority must, within the period stated in section 196—

(a) for a decision mentioned in subsection (1)(a) or (c)—issue an environmental authority to the applicant; or

(b) for a decision mentioned in subsection (1)(b)—issue a PRCP schedule to the applicant.

196 Requirements for issuing environmental authority or PRCP schedule For section 195(2), the period within which an environmental authority or PRCP schedule must be issued is—

(a) if the application is referred to the Land Court under section 185—within 5 business days after a final decision for the application and schedule is made under section 194; or

(b) if notice of the decision is given under section 181 and the application is not referred to the Land Court under section 185—within 25 business days after the notice is given under section 181; or

(c) for an application for a development approval that, under section 115, is taken to be an application for an environmental authority—

(i) if the administering authority is the assessment manager for the development application—when the decision notice is given under the Planning Act for the development application; or

(ii) if the administering authority is a referral agency for the development application—when the administering authority gives its referral agency’s response under the Planning Act to the applicant for the development application; or

(iii) if the planning chief executive is a referral agency for the development application—within 5 business days after the planning chief executive gives its referral agency’s response under the Planning Act to the applicant for the development application; or

(iv) if the planning chief executive is the assessment manager for the development application—within 5 business days after the planning chief executive gives the applicant a decision notice under the Planning Act for the development application;

(d) otherwise—within 5 business days after the decision mentioned in section 194(2) is made.

197 Including environmental authorities and PRC plans in register After an environmental authority or PRCP schedule is issued, the administering authority must include a copy of the environmental authority or PRC plan for the PRCP schedule in the relevant register.