Environmental Protection Act 1994

The existing Act applies to an environmental authority application if, before the commencement day—

a person applied for a mining tenement and an environmental authority in relation to the tenement; and

a certificate of application for the mining tenement application was endorsed by the mining registrar; and

the administering authority has decided conditions for the environmental authority; and

the mining tenement has not been granted and the environmental authority has not been issued.

An environmental authority issued by applying the existing Act becomes an environmental authority (mining activities) immediately after it is issued.

However, despite any provision of the existing Act, the conditions of the environmental authority must only be—

the decided conditions; and

any condition that—

under the Mineral Resources Act, would have been imposed on a relevant mining tenement had the amending Act not been enacted; and

had an environmental authority (mining activities) been granted for each relevant mining activity on the commencement day, would reasonably be expected to be a condition of the environmental authority (mining activities); and

any financial assurance condition imposed on the authority under section 598.

Chapter 5 applies to the authority, subject to division 4.

In this section—