Environmental Protection Act 1994

This section applies if 1 of the following decisions is stayed—

an original decision that is an ERC decision;

an original decision appealed against to the Land Court if the decision is an ERC decision that is confirmed or varied by a review decision.

Despite the stay the decision remains in effect for section 297 and the Mineral and Energy Resources (Financial Provisioning) Act 2018.

However, if the holder of the environmental authority in relation to which the ERC decision has been made is required to give a surety under the Mineral and Energy Resources (Financial Provisioning) Act 2018, the holder is only required, during the period of the stay, to give a surety of 75% of the amount required.