Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 41A
Decision on draft terms of reference
41A Decision on draft terms of reference
(1) The chief executive must, within 15 business days after the draft terms of
reference is submitted— (a) review the draft and any documents accompanying
the draft; and
(b) decide whether to allow the draft to proceed to public
notification under subdivision 2 ; and
(c) give the proponent a notice under
subsection (4) or section 42 (1) .
(2) The period mentioned in subsection (1)
may be extended if, before the decision is made, the proponent agrees in
writing to the extension.
(3) The chief executive must refuse to allow the
draft to proceed to public notification if, having regard to the draft— (a)
the chief executive is satisfied it is unlikely the project could proceed
under this Act or another law, including, for example, because the project—
(i) would contravene a law of the Commonwealth or the State; or
(ii) would
give rise to an unacceptable risk of serious or material environmental harm;
or
(iii) would have an unacceptable adverse impact on a matter of State
environmental significance or a matter of national environmental significance;
or
(iv) would have an unacceptable adverse impact on an area of cultural
heritage significance; or
(b) the chief executive is required to refuse to
allow the draft to proceed under a regulatory requirement.
(4) If the chief
executive refuses to allow the draft to proceed to public notification, the
chief executive must give the proponent an information notice for the decision
that also states— (a) if the proponent has not previously resubmitted the
draft under section 41B — that the proponent may resubmit an amended draft
terms of reference for a decision under section 41B within 20 business days
after the notice is given or, if the chief executive agrees to a different
period, the different period; or
(b) if the proponent has previously
resubmitted the draft under section 41B — (i) that the proponent can not
further resubmit the draft terms of reference; but
(ii) the proponent may
submit a new draft terms of reference under section 41 in relation to the
project.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback