Queensland Numbered Acts

MINERAL AND ENERGY RESOURCES (FINANCIAL PROVISIONING) ACT 2018 - SECT 145

145 Replacement of s 226 (Requirements for amendment application generally)

Section 226—
omit, insert—

226 Requirements for amendment applications generally

(1) An amendment application must—

(a) be made to the administering authority; and

(b) be in the approved form; and

(c) be accompanied by the fee prescribed by regulation; and

(d) describe the proposed amendment; and

(e) describe the land that will be affected by the proposed amendment; and

(f) include any other document relating to the application prescribed by regulation.

(2) However, subsection (1)(d) and (e) does not apply to an application for a condition conversion.

226A Requirements for amendment applications for environmental authorities

(1) If the amendment application is for the amendment of an environmental authority, the application must also—

(a) describe any development permits in effect under the Planning Act for carrying out the relevant activity for the authority; and

(b) state whether each relevant activity will, if the amendment is made, comply with the eligibility criteria for the activity; and

(c) if the application states that each relevant activity will, if the amendment is made, comply with the eligibility criteria for the activity—include a declaration that the statement is correct; and

(d) state whether the application seeks to change a condition identified in the authority as a standard condition; and

(e) if the application relates to a new relevant resource tenure for the authority that is an exploration permit or GHG permit—state whether the applicant seeks an amended environmental authority that is subject to the standard conditions for the relevant activity or authority, to the extent it relates to the permit; and

(f) include an assessment of the likely impact of the proposed amendment on the environmental values, including—

(i) a description of the environmental values likely to be affected by the proposed amendment; and

(ii) details of emissions or releases likely to be generated by the proposed amendment; and

(iii) a description of the risk and likely magnitude of impacts on the environmental values; and

(iv) details of the management practices proposed to be implemented to prevent or minimise adverse impacts; and

(v) if a PRCP schedule does not apply for each relevant activity—details of how the land the subject of the application will be rehabilitated after each relevant activity ends; and

(g) include a description of the proposed measures for minimising and managing waste generated by amendments to the relevant activity; and

(h) include details of any site management plan or environmental protection order that relates to the land the subject of the application.

(2) Subsection (1)(f) does not apply for an amendment application for an environmental authority if—

(a) the process under chapter 3 for an EIS for the proposed amendment has been completed; and

(b) an assessment of the environmental risk of the proposed amendment would be the same as the assessment in the EIS.

(3) Also, subsection (1)(a), (d), (e), (f), (g) and (h) does not apply to an application for a condition conversion.

226B Requirements for amendment applications for PRCP schedules An amendment application for a PRCP schedule must be accompanied by an amended rehabilitation planning part for the holder’s PRC plan that complies with section 126C in relation to the proposed amendment.