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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 150
Notification stage does not apply to particular applications
150 Notification stage does not apply to particular applications
(1) This section applies if— (a) for an EIS under this Act— (i) the EIS
for each relevant activity the subject of the application has been notified
under section 51 ; and
(ii) for a site-specific application for a mining
activity relating to a mining lease—the notification of the EIS for the
mining activity under section 51 included a notification of a proposed PRC
plan for the application; and
(b) for an EIS under the State Development Act
— (i) the EIS for each relevant activity the subject of the application has
been notified under section 33 of that Act; and
(ii) for a site-specific
application for a mining activity relating to a mining lease—the
notification of the EIS for the mining activity under section 33 of that Act
included a notification of a proposed PRC plan for the application; and
(c)
for an application for an environmental authority, since the EIS mentioned in
paragraph (a) or (b) was notified— (i) the environmental risks of the
relevant activity and the way it will be carried out have not changed; or
(ii) if the application proposes a change to the way the relevant activity
will be carried out—the administering authority is satisfied the change
would not be likely to attract a submission objecting to the thing the subject
of the change, if the notification stage were to apply to the change; and
(d)
for a proposed PRC plan notified with an EIS mentioned in paragraph (a) or (b)
, since the EIS was notified— (i) a post-mining land use or non-use
management area has not changed; or
(ii) the day by which rehabilitation of
land to a stable condition will be achieved has not changed.
(2) The
notification stage does not apply to the application.
(3) However, a properly
made submission about the EIS is taken to be a properly made submission about
the application.
(4) In this section—
"EIS" means an EIS under this Act or the State Development Act .
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