another activity prescribed under section 17B as an environmentally relevant activity.
‘17B
Environmentally relevant activity may be prescribed
A regulation may prescribe an activity, other than a mining activity, as an environmentally relevant activity if the Governor in Council is satisfied—
(a)
a contaminant will or may be released into the environment when the activity is carried out; and
(b)
the release of the contaminant will or may cause environmental harm.
‘17C
Levels for environmentally relevant activities
(1)
An environmentally relevant activity, other than a mining activity, must be prescribed under a regulation as a level 1 or level 2 environmentally relevant activity, depending on the risk of environmental harm.
(2)
A standard mining activity is a level 2 environmentally relevant activity.
(3)
A mining activity other than standard mining activity is a level 1 environmentally relevant activity.’.
5-
Replacement of s 20 (Effect of Act on other Acts)
Section 20— omit, insert—
‘20
‘Relationship with other Acts
(1)
This Act is in addition to, and does not limit, any other Act.
(2)
If this Act conflicts with an Act as follows, that Act prevails, but only to the extent of the conflict—
an EIS requirement is in force in relation to an application for an environmental authority (mining activities) and a relevant mining activity for the application is, or is part of, the project; or
(b)
an EIS has been required for the project under an Act as follows for which it has, under the Act, been decided or required that this part applies to the preparation of the EIS—
(i)
the Commonwealth Environment Act;
(ii)
the State Development Act;3
(iii)
another State Act or another Commonwealth Act; or
(c)
the voluntary preparation of an EIS for the project has been approved under part 2;4 or
(d)
the project is of a type prescribed under a regulation for which approval by a Commonwealth or State authority is required.
(2)
However, an EIS under this Act can not be used for making a decision under the Integrated Planning Act, other than a decision in relationto a project mentioned in subsection (1)(a).
(3)
In this section—
“authority”, for the Commonwealth, includes the Minister of the Commonwealth for the time being administering the CommonwealthEnvironment Act.
“EIS” includes a statement, however called, that is similar to an EIS.
“project” includes—
(a)
a development or proposed development; and
(b)
an action or proposed action; and
(c)
a plan or policy.
‘Subdivision 2—Definitions for pt 1
‘34AA.
‘Who is an “affected person” for a project
(1)
A person is an “affected person” for a project if the person is—
(a)
a person mentioned in subsection (2) for the operational land or any land joining it; or
(b)
any of the following under the Native Title Act 1993 (Cwlth) for the operational land or for an area that includes any of the land—
(i)
a registered native title body corporate;
(ii)
a registered native title claimant;
(iii)
a representative Aboriginal/Torres Strait Islander body; or
(c)
a relevant local government for the operational land.
(2)
For subsection (1)(a), the persons are as follows—
(a)
for freehold land—a registered proprietor;
(b)
for land that is held from the State for an estate or interest less than fee simple and for which the interest is recorded in a register mentioned in the Land Act 1994 (“Land Act”), section 2765—a person recorded in the register as the registered holder of the interest;
(c)
for land subject to a mining claim, mineral development licence or mining lease—a holder of, or an applicant for, the tenement;
(d)
for land subject to an authority to prospect or a lease or licence under the Petroleum Act 1923—
(i)
a holder of the authority; or
(ii)
a lessee under the lease; or
(iii)
a licensee under the licence;
(e)
for land under the Land Act or the Nature Conservation Act 1992 (“NCA”) for which there are trustees—a trustee of the land;
(f)
for Aboriginal land under the Aboriginal Land Act 1991 (“ALA”) that is taken to be a reserve because of section 87(2) or 87(4)(b)6 of that Act—a grantee of the land;
(g)
for DOGIT land under the ALA or the Torres Strait Islander Land Act 1991—a trustee for the land;
(h)
for land held under a lease under the Local Government (Aboriginal Lands) Act 1978, section 67—a relevant local government;
(i)
for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 84(2) or 84(4)(b)8 of that Act—a grantee of the land;
(j)
for land under a lease from the State under the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 that has been
excised from land granted in trust for Aboriginal or Torres Strait Islander purposes under the Land Act—a trustee of the land;
(k)
for land that is any of the following, the State—
(i)
unallocated State land;
(ii)
a reserve under the Land Act for which there is no trustee;
(iii)
a national park, national park (Aboriginal land), national park (scientific), national park (Torres Strait Islander land), national park (recovery) or forest reserve under the NCA;
(iv)
a conservation park under the NCA for which there are no trustees;
(v)
a lessee under the lease; or
(vi)
a State forest or timber reserve under the Forestry Act 1959;
