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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 247
Deciding amalgamation application
247 Deciding amalgamation application
(1) Subject to subsections (3) and (4) , the administering authority must
decide to— (a) approve the application; or
(b) if the application is for an
amalgamated local government authority or amalgamated project
authority—refuse the application.
(2) The administering authority must
decide the amalgamation application— (a) within 20 business days after the
day the application is received; or
(b) if the applicant agrees to extend the
period mentioned in paragraph (a) by not more than 10 business days—within
the extended period.
(3) The administering authority may only approve an
application for an amalgamated local government authority if— (a) the
applicant is a local government; and
(b) the relevant activities for the
existing environmental authorities do not constitute a
significant business activity; and
(c) the administering authority is
satisfied there is an appropriate degree of integration between the
activities.
(4) The administering authority may only approve an application
for an amalgamated project authority if it is satisfied the relevant
activities for the existing environmental authorities are being carried out as
a single integrated operation.
(5) If the administering authority approves an
application for an amalgamated project authority for environmental authorities
for which PRCP schedules also apply, each of the schedules must also be
amalgamated.
(6) The conditions of the amalgamated environmental authority
may vary from the conditions imposed on the existing environmental
authorities— (a) to the extent necessary for, or to avoid duplication
because of, the amalgamation; and
(b) only if the applicant agrees in writing
to the variation.
(7) In this section—
"significant business activity" has the meaning given by the
Local Government Act 2009 , section 43 .
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