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PLANNING AND DEVELOPMENT (ENVIRONMENTAL IMPACT STATEMENTS) AMENDMENT ACT 2010 (NO. 56 OF 2010) - SECT 7

New section 124A

insert

124A     Meaning of significant adverse environmental impact

    (1)     For this Act, an adverse environmental impact is "significant" if—

        (a)     the environmental function, system, value or entity that might be adversely impacted by a proposed development is significant; or

        (b)     the cumulative or incremental effect of a proposed development might contribute to a substantial adverse impact on an environmental function, system, value or entity.

    (2)     In deciding whether an adverse environmental impact is "significant", the following matters must be taken into account:

        (a)     the kind, size, frequency, intensity, scope and length of time of the impact;

        (b)     the sensitivity, resilience and rarity of the environmental function, system, value or entity likely to be affected.

    (3)     In deciding whether a development proposal is likely to have a significant adverse environmental impact it does not matter whether the adverse environmental impact is likely to occur on the site of the development or elsewhere.



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