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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 49
Decision on whether EIS may proceed
49 Decision on whether EIS may proceed
(1) The chief executive must consider the submitted EIS and, within 20
business days after the EIS is submitted (the
"decision period" ), decide to— (a) allow the submitted EIS to proceed under
division 4 , with or without conditions; or
(b) refuse to allow the submitted
EIS to proceed.
(2) The chief executive may extend the decision period by up
to 12 months if— (a) the proponent agrees in writing to the extension; and
(b) the chief executive has not previously extended the decision period for
the submitted EIS.
(3) The chief executive may allow the EIS to proceed only
if the chief executive considers it addresses the final terms of reference in
an acceptable form.
(3A) Also, the chief executive must refuse to allow the
EIS to proceed if, having regard to the submitted EIS— (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
EIS to proceed under a regulatory requirement.
(4) If the decision is to
allow the EIS to proceed, the chief executive may also fix a minimum period
for the making of submissions about the EIS.
(5) However, the period fixed
must be at least 30 business days and must end at least 30 business days after
the EIS notice is published.
(5A) Subsection (5B) applies if— (a) under the
final terms of reference for the EIS, the EIS submitted by the proponent
includes a proposed PRC plan; and
(b) the proposed PRCP schedule for the plan
identifies an area of land as a non-use management area under section 126D (2)
(b) ; and
(c) the chief executive decides to allow the EIS to proceed.
(5B)
The chief executive must, as soon as practicable after making the decision,
ask a qualified entity to— (a) carry out a public interest evaluation for
each area of land mentioned in subsection (5A) (b) ; and
(b) give the chief
executive a report about the evaluation that complies with section 316PB .
(5C) The request under subsection (5B) — (a) must be in writing; and
(b)
must require the report to be given to the chief executive within— (i) a
stated period of not more than 12 months; or
(ii) if the chief executive
decides to extend the period mentioned in subparagraph (i) by not more than 6
months—the extended period.
(6) The chief executive must, within 10
business days after the decision is made, give the proponent written notice of
the decision and of any submission period fixed.
(7) If the decision is to
refuse to allow the EIS to proceed, or to allow the EIS to proceed on
conditions, the notice must be an information notice for the decision that
also states— (a) if the proponent has not previously resubmitted the EIS
under section 49A —that the proponent may resubmit the EIS under that
section; or
(b) if the proponent has previously resubmitted the EIS under
section 49A —that the proponent can not further resubmit the EIS under that
section.
(8) In this section—
"qualified entity" means an entity, other than the proponent, that has the
experience and qualifications, prescribed by regulation, necessary to carry
out a public interest evaluation.
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