Era Ap Amalgamated Authority

Total Page:16

File Type:pdf, Size:1020Kb

Era Ap Amalgamated Authority

Application form Environmental Protection Act 1994 Application to amalgamate two or more environmental authorities into an amalgamated project or local government authority

This document is the approved form that is to be used by the holder of two or more environmental authorities to apply to the administering authority1 for either an amalgamated project authority or an amalgamated local government authority under sections 243 to 250 of the Environmental Protection Act 1994 (EP Act).

Only use this form if you would like to amalgamate two or more environmental authorities into one amalgamated environmental authority. Once amalgamated, there will only be one environmental authority with a combined set of conditions. Please note that this form cannot be used to apply for an amalgamated corporate authority. Please use the application form—Application to Amalgamate two or More Environmental Authorities into an Amalgamated Corporate Authority (ESR/2015/17342). If you would like to have a pre-lodgement meeting:  For prescribed ERAs 2, 3 and 4—contact the Department of Agriculture and Fisheries by email at [email protected]  For any other ERA—please fill out and lodge the form Application for a Pre- Design/Pre-Lodgement Meeting (ESR/2015/16642), prior to lodging this site-specific application for an environmental authority. Checklist for making an application You must complete this checklist before you continue with the application form. If your application is for: an amalgamated local government authority → fill in Section 1 and Section 2 of the checklist below an amalgamated project authority → fill in Section 2 only of the checklist below Depending on the results of your answers to the checklist questions, you may not be able to use this application form. Checklist questions Guidance

1 The Department of Environment and Heritage Protection is the administering authority under the Environmental Protection Act 1994. 2 This is the publication number. The publication number can be used as a search term to find the latest version of a publication at www.qld.gov.au. Page 1 of 11 • ESR/2015/1735 • Version 3.01 • Effective: 29 APR 2014 ABN 46 640 294 485 Section 1

If no, you cannot make this application. The Are all the environmental authorities to YES administering authority may only approve an be amalgamated held by the same local application for an amalgamated local government? NO government authority if the applicant is a local government.

If yes, you cannot make an application for Are any of the environmental authorities an amalgamated local government authority as a government owned corporation is not a to be amalgamated held by a YES government owned corporation (refer to local government authority. NO the ‘Definitions of terms used in this form’ You may be able to apply for an below)? amalgamated project authority. Refer to section 2 of this checklist.

If yes, you cannot make this application. The administering authority can only Will the amalgamated ERAs constitute a approve an application for an amalgamated significant business activity as defined YES local government authority if the relevant under section 43 of the Local NO activities for the existing environmental Government Act 2009? authorities do not constitute a significant business activity.

Section 2

If no, you cannot make this Are all the environmental authorities that YES application. All environmental are to be amalgamated issued by the authorities must be issued by the same administering authority? NO same administering authority.

If no, you cannot make this application. All of the environmental authorities must be held by the same joint holders. Only answer this question if there are joint holders on any of the environmental For example, a common holder of authorities that will be the subject of this YES the environmental authorities cannot application. NO amalgamate if there are different joint holders on some or all of the Are all of the environmental authorities to N/A environmental authorities. This be amalgamated, held by the same joint would create confusion about which holders? legal entity is responsible for compliance with the conditions of the amalgamated environmental authority.

Page 2 of 11 • ESR/2015/1735 • Version 3.01 • Effective: 29 APR 2014 Department of Environment and Heritage Protection Application form Application to amalgamate two or more environmental authorities into an amalgamated project or local government authority Definitions of terms used in this form Where there is inconsistency between the definition of terms here and the terms used in the EP Act, the terms in the EP Act apply. Environmentally A resource activity or a prescribed ERA. relevant activity (ERA)

Government owned A GOC (or government owned corporation) is a government entity corporation that is – (a) established as a body corporate under an Act or the Corporations Act; and (b) declared by regulation to be a GOC

Single integrated Environmentally relevant activities are carried out as a single operation integrated operation if: (a) the activities are carried out under the day-to-day management of a single responsible individual, for example, a site or operations manager (b) the activities are operationally interrelated (c) the activities are, or will be, carried out at 1 or more places (d) the places where the activities are carried out are separated by distances short enough to make feasible the integrated day-to-day management of the activities.

Page 3 of 11 • ESR/2015/1735 • Version 3.01 • Effective: 29 APR 2014 Department of Environment and Heritage Protection GUIDE Application details

If you require assistance in Environmental authorities to be amalgamated answering any part of this form, or have any questions about your application please contact the ENVIRONMENTAL AUTHORITY NUMBER ENVIRONMENTAL AUTHORITY HOLDER NAMES relevant department. Contact details are at the end of this form. The environmental authority number and details may be found on the existing environmental authority or quoted in other correspondence received from the administering authority. If more space is required for any responses, please attach additional information as a separate page. If there is an agent acting on behalf of the environmental Agent details/address for service authority holder, provide details in this section. An agent could be a The address supplied here will also be used as a service address for consultant or a contact for the sending statutory documents. If this section is left blank, statutory environmental authority holder. documents will be sent to the address previously supplied for the As statutory documents need to be sent to all applicants, this holder or principal applicant for the continuing environmental authority. section can also be used when there are multiple environmental INDIVIDUAL OR BUSINESS NAME (INCLUDE TRADING NAME IF RELEVANT) authority holders to nominate an address for statutory documentation to be sent ‘care of’ to. RESIDENTIAL ADDRESS OR REGISTERED BUSINESS ADDRESS (NOT A POST OFFICE BOX ADDRESS)

POSTAL ADDRESS (IF DIFFERENT FROM ABOVE)

CONTACT PERSON

PHONE FACSIMILE

EMAIL

CROSS IF YOU DO NOT WANT TO RECEIVE CORRESPONDENCE VIA EMAIL

Page 4 of 11 • ESR/2015/1735 • Version 3.01 • Effective: 29 APR 2014 Department of Environment and Heritage Protection Application form Application to amalgamate two or more environmental authorities into an amalgamated project or local government authority What amalgamation type are you applying for? → Amalgamated local government authority—go to question Degree of integration between the activities → Amalgamated project authority—go to question Single integrated operation

Degree of integration between the activities Demonstrate that there is an appropriate degree of integration between the ERAs that are to be amalgamated. Provide details below, and then go to question Does this application involve either a mining activity authorised under a mining lease or a petroleum activity authorised under a petroleum lease, where a plan of operations is in effect?.

DETAILS

Page 5 of 11 • ESR/2015/1735 • Version 3.01 • Effective: 29 APR 2014 Department of Environment and Heritage Protection The definition of a single Single integrated operation integrated operation has been provided at the front end of this document. Demonstrate that each Demonstrate that the ERAs to be amalgamated can be carried out as component of the definition can a single integrated operation. Provide details below, and then go to be met. question Does this application involve either a mining activity authorised under a mining lease or a petroleum activity authorised under a petroleum lease, where a plan of operations is in effect?.

DETAILS

Does this application involve either a mining activity authorised under a mining lease or a petroleum activity authorised under a petroleum lease, where a plan of operations is in effect? → Yes—you must submit an amended version of the plan of operations which covers all the applicable sites requested for amalgamation. → No

Page 6 of 11 • ESR/2015/1735 • Version 3.01 • Effective: 29 APR 2014 Department of Environment and Heritage Protection Application form Application to amalgamate two or more environmental authorities into an amalgamated project or local government authority The administering authority may Common conditions use the table provided to create an amalgamated environmental authority with combined common One of the benefits of an amalgamated authority is that any identical conditions for two or more project common conditions that apply to multiple project sites can be sites. However this will be at the discretion of the administering combined so that there is a single set of conditions that apply to all or authority. some of your project sites, along with site specific conditions. To assist the administering authority in identifying the identical common conditions across all or some project sites, you must attach a table to indicate which conditions in each environmental authority you consider to be common. An example table has been provided below which shows that Condition 10 on environmental authority 1 and Condition 8 of environmental authority 2 have the identical reporting condition. Note once amalgamated, each existing environmental authority will become a project site on the amalgamated environmental authority. → Tick to indicate attachment

Environmental authority number

Condition text Environmental Environmental authority 1 authority 2

Any breach of a condition of this environmental authority and any monitoring or reporting required by this approval must Condition 10 Condition 8 be reported to the administering authority on request.

Page 7 of 11 • ESR/2015/1735 • Version 3.01 • Effective: 29 APR 2014 Department of Environment and Heritage Protection The form Application to Change Is the anniversary day currently the same for each the Anniversary Day of an Environmental Authority is environmental authority proposed to be amalgamated? available at www.qld.gov.au. Use ‘ESR/2015/1732’ as a search → Yes—go to question Payment. term. → No—the anniversary day for the amalgamated authority will be the same as that for the existing environmental authority with the highest annual fee3. If you wish to amend the anniversary day to a date other than this, you will need to lodge a separate application to change the anniversary day of the amalgamated authority. Please tick the box below if you are lodging an application to change the anniversary date at the same time as this amalgamation application. Tick if the application form for an Application to Change the Anniversary Day of an Environmental Authority (ESR/2015/1732) is enclosed.

The first step towards payment is Payment of fees to calculate the fees payable. Information on these fees can be located in the information sheets The application fee is: $ ‘Fees for permits for environmentally relevant activities You may pay your fee via cheque, money order or credit card. (ERAs)’ (publication number ESR/2015/1721) and ‘Summary Select the payment method below: of annual fees for environmentally relevant activities (ERAs)’ Payment by cheque or money order made payable to the (publication number ESR/2015/1746), available at Department of Environment and Heritage Protection www.qld.gov.au using the (attached). publication number as a search term. Payment by cheque or money order made payable to the To pay by credit card you will Department of Agriculture and Fisheries (attached). need to provide contact details so you can be contacted for your credit card payment to be made Please contact me (the applicant) for credit card over the phone. payment: Phone number:

3 If two or more of the existing environmental authorities have the same annual fee, and this is the highest fee for all of the environmental authorities to be amalgamated, whichever anniversary date of these authorities is furthest into the future will be adopted for the amalgamated authority.

Page 8 of 11 • ESR/2015/1735 • Version 3.01 • Effective: 29 APR 2014 Department of Environment and Heritage Protection Application form Application to amalgamate two or more environmental authorities into an amalgamated project or local government authority Where there is more than one Declaration holder of the environmental authority, this declaration is to be signed by all holders, unless there Note: If you have not told the truth in this application you may be is an agreement between all prosecuted. holders that one can sign on behalf of the other. Where an agreement is in place between all holders of the Note: If only one holder is signing environmental authority, that one holder can sign on behalf of the other this application form, they are committing all holders to the joint holders, please tick the below checkbox. content of the application and the declaration. I have the authority to sign this form on behalf of all the joint Where the environmental holders of the environmental authority. authority holder is a company, this form must be signed by an I declare that: authorised person for that company.  I am the holder of the environmental authorities or an authorised signatory for the environmental authorities to be amalgamated. Privacy statement  The information provided is true and correct to the best of The Departments of Environment my knowledge. I understand that it is an offence under section and Heritage Protection (EHP) and Agriculture and Fisheries 480 of the Environmental Protection Act 1994 to give to the (DAF) are collecting the administering authority or an authorised person a document information on this form to process your application for an containing information that I know is false, misleading or amalgamated authority. This incomplete in a material particular. collection is authorised under sections 243 to 250 of the Environmental Protection Act  I understand that I am responsible for managing the 1994. Some information may be environmental impacts of the activities covered by this given to the Department of Natural Resources and Mines application and that approval of this application is not an (DNRM) for the purposes of endorsement by the administering authority of the effectiveness processing this application and/or the administration of the Strategic of management practices proposed or implemented. Cropping Land Act 2011. Your personal information will only be  I understand that all information supplied on or with this accessed by authorised application form may be disclosed publicly in accordance with employees within these departments and will not be the Right to Information Act 2009 and the Evidence Act 1977. disclosed to any other parties unless authorised or required by  I understand that an incomplete application (including law. For queries about privacy matters please email applications that do not include the correct fee) may be invalid. [email protected] or Invalid applications will be returned without processing and will telephone: (07) 3330 6270. only be processed if resubmitted with all invalidating issues addressed.

APPLICANT’S NAME

APPLICANT’S SIGNATURE

POSITION OF SIGNATORY DATE

JOINT HOLDER’S NAME (IF APPLICABLE) JOINT HOLDER’S SIGNATURE (IF APPLICABLE)

JOINT HOLDER’S NAME (IF APPLICABLE) JOINT HOLDER’S SIGNATURE (IF APPLICABLE)

Page 9 of 11 • ESR/2015/1735 • Version 3.01 • Effective: 29 APR 2014 Department of Environment and Heritage Protection Further information Applicant checklist The latest version of this publication and other publications referenced in this document can Application form for an amalgamated authority signed and be found at www.qld.gov.au completed. using the relevant publication number (ESR/2015/1735) as a Question Degree of integration between the activities: Supporting search term. information demonstrating that there is a degree of integration between the activities has been attached (if applicable). Question Single integrated operation: Supporting information demonstrating that the ERAs can be managed as a single integrated operation has been attached (if applicable). Question Does this application involve either a mining activity authorised under a mining lease or a petroleum activity authorised under a petroleum lease, where a plan of operations is in effect?: An updated plan of operations has been attached (if required). Question Common conditions: Common conditions have been identified and attached. Fees enclosed or contact details provided for credit card payment.

Page 10 of 11 • ESR/2015/1735 • Version 3.01 • Effective: 29 APR 2014 Department of Environment and Heritage Protection Application form Application to amalgamate two or more environmental authorities into an amalgamated project or local government authority Please submit your completed application kit to: For ERA 2, ERA 3 or ERA 4 Post: Enquiries: Senior Environmental Scientist Phone: (07) 4688 1374 Animal Industries Fax: (07) 4688 1192 Department of Agriculture and Email: Fisheries [email protected] PO Box 102 ov.au TOOWOOMBA QLD 4350 For all other ERAs Post: Courier or hand delivery: Permit and Licence Permit and Licence Management Management Department of Environment Department of Environment and Heritage Protection and Heritage Protection GPO Box 2454 Level 3, 400 George Street BRISBANE QLD 4001 BRISBANE QLD 4000 Business hours: 8:30am– 4:30pm business days Enquiries: Permit and Licence Management Website: www.business.qld.gov.au Email: [email protected] Phone: 13 QGOV (13 74 68)

Page 11 of 11 • ESR/2015/1735 • Version 3.01 • Effective: 29 APR 2014 Department of Environment and Heritage Protection

Recommended publications