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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 228
Assessment level decision for amendment application
(1) The administering authority must, after receiving an amendment
application, decide whether the proposed amendment is a major or minor
amendment— (a) if the administering authority gives the applicant a notice
under section 227AAB (2) —within 10 business days after the applicant gives
the administering authority the notice mentioned in section 227AAB (2) (d) ;
or
(b) otherwise—within 10 business days after receiving the amendment
application.
(2) Despite section 223 , definition minor amendment (PRCP
threshold) , paragraphs (e) and (f) , the administering authority may decide
under subsection (1) that a proposed amendment changing the order of at least
2 of the days when rehabilitation of land to a stable condition will be
achieved is a minor amendment if the administering authority is satisfied the
applicant has— (a) undertaken adequate consultation with the community in
relation to the proposed amendment; and
(b) adequately addressed any matters
raised by the community during consultation.
(3) The decision under
subsection (1) is the
"assessment level decision" for the application.
(4) If the assessment level decision is that the amendment is a major amendment, the applicant must pay an assessment fee prescribed by regulation.
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