Environmental Protection Act 1994

If the administering authority receives a de-amalgamation application that complies with section 250B, the administering authority must—

de-amalgamate the environmental authority to give effect to the de-amalgamation; and

for de-amalgamation of an environmental authority for relevant activities to which a PRCP schedule relates—de-amalgamate the schedule to the extent necessary to give effect to the de-amalgamation of the authority; and

issue the de-amalgamated environmental authorities to the applicant; and

give the applicant a copy of any de-amalgamated PRCP schedules; and

include a copy of each environmental authority issued under paragraph (c), and each de-amalgamated PRC plan, in the relevant register.

The administering authority must comply with subsection (1)—

within 15 business days after the day the de-amalgamation application is received; or

if the applicant agrees to extend the period mentioned in paragraph (a) by a period of not more than 10 business days—within the extended period.

If a PRCP schedule is de-amalgamated under subsection (1)(b), the holder of each de-amalgamated schedule must be the holder of the de-amalgamated environmental authority.

Despite subsection (2), if an ERC decision is, or has been, in effect for the environmental authority, the administering authority may only do the things mentioned in subsection (1)(a) to (e) after the administering authority makes an ERC decision for each of the proposed de-amalgamated environmental authorities.

The conditions of each de-amalgamated environmental authority may vary from the conditions imposed on the environmental authority immediately before the de-amalgamation—

to the extent necessary for the de-amalgamation; and

only if the applicant agrees in writing to the variation.