Environmental Protection Act 1994

An application for an environmental authority must—

be made to the administering authority; and

be made in the approved form; and

describe all environmentally relevant activities for the application; and

describe the land on which each activity will be carried out; and

be accompanied by the fee prescribed under a regulation; and

if 2 or more persons (joint applicants) jointly make the application—nominate 1 joint applicant as the principal applicant; and

state whether the application is—

a standard application; or

a variation application; or

a site-specific application; and

state whether the applicant is a registered suitable operator; and

if a development permit under the Planning Act, or an SDA approval under the State Development Act, is required under either of those Acts for carrying out the environmentally relevant activities for the application—describe the permit or approval; and

if the application is a standard or variation application—include a declaration that each relevant activity complies with the eligibility criteria; and

if the application is a variation application—

for a variation application under section 123(1)—state the standard conditions for the activity or authority the applicant seeks to change; or

for a variation application under section 123(2)—state the standard conditions that are not the same as the Coordinator-General’s conditions; and

if the application is a variation or site-specific application—

include an assessment of the likely impact of each relevant activity on the environmental values, including—

a description of the environmental values likely to be affected by each relevant activity; and

details of any emissions or releases likely to be generated by each relevant activity; and

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

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

if paragraph (n) does not apply—details of how the land the subject of the application will be rehabilitated after each relevant activity ceases; and

include a description of the proposed measures for minimising and managing waste generated by each relevant activity; and

include details of any site management plan that relates to the land the subject of the application; and

if the application is for a prescribed ERA—state whether the applicant wants any environmental authority granted for the application to take effect on a day nominated by the applicant; and

if the application is a site-specific application for a mining activity relating to a mining lease—be accompanied by a proposed PRC plan; and

include any other document relating to the application prescribed under a regulation.

Despite subsection (1)(l), if the application is a variation application under section 123(1), it need only include the matters mentioned in that subsection to the extent it seeks to change the standard conditions for the activity or authority.

Subsection (1)(l) does not apply for an application if—

any of the following applies—

the EIS process for an EIS for each relevant activity the subject of the application has been completed;

the Coordinator-General has, under the State Development Act, section 34D, evaluated an EIS for each relevant activity the subject of the application and stated conditions that relate to each relevant activity;

the Coordinator-General has, under the State Development Act, section 34L, evaluated an IAR for each relevant activity the subject of the application and stated conditions that relate to each relevant activity; and

an assessment of the environmental risks of each relevant activity would be the same as the assessment in the EIS mentioned in paragraph (a)(i), or the evaluation mentioned in paragraph (a)(ii) or (iii), if completed.

Also, subsection (1)(l) does not apply for a variation application under section 123(2) if the application seeks only to apply the Coordinator-General’s conditions.

Despite subsection (1), if the application is a variation or site-specific application for the prescribed ERA mentioned in the Environmental Protection Regulation 2019, schedule 2, section 13A—

it need only include the matters mentioned in subsection (1)(l)(i)(A) to (D), (ii) and (iii) to the extent the matters relate to fine sediment, or dissolved inorganic nitrogen, entering the water of the Great Barrier Reef or Great Barrier Reef catchment waters; and

subsection (1)(l)(i)(E) does not apply for the application.

Subsection (1)(l) does not apply for a variation application or site-specific application, and subsection (1)(n) does not apply for a site-specific application for a mining activity relating to a mining lease, if—

the chief executive has, under chapter 3, part 2 or 3, approved the voluntary preparation of an EIS for the project the subject of the application and the applicant has—

started the EIS process for the application; or

stated in the application that the applicant will prepare an EIS under chapter 3, part 1; or

the chief executive has, under chapter 3, part 3, decided that an EIS is required for the application; or

the Coordinator-General has, under the State Development Act, section 26(1), declared that the project the subject of the application is a coordinated project for which an EIS or IAR under that Act is required.

Subsection (8) applies if—

an application for a prescribed ERA is accompanied by evidence showing the main purpose of applying for the environmental authority is to conduct research into, or test, technology or processes relating to an environmentally relevant activity for which information mentioned in subsection (1)(l)(i) and (ii) is not available; and

the application states that the term of the environmental authority applied for is 3 years or less.

Despite subsection (1), the application need not include the matters mentioned in subsection (1)(l)(i) and (ii) to the extent the information is not available.