AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 27

Assessment of activities which do not require a permit

(1)  Where a person proposes to undertake a level 2 activity which does not require a permit under the Land Use Planning and Approvals Act 1993 , that person must refer the proposed activity to the Board for assessment under this Act.
(1A)  Subsection (1) does not apply to a waste transport business in respect of the transport of controlled waste to Tasmania from another State or a Territory or from Tasmania to another State or a Territory if –
(a) that business is permitted under the laws of the State or Territory in which it has its principal place of business; and
(b) the transfer of the controlled waste is conducted in accordance with any conditions or restrictions imposed by or under the laws of that State or Territory.
(2)  Where the Director is of the opinion that it is expedient in the public interest to do so, having regard to the environmental impact of any other proposed environmentally relevant activity (other than a level 1 activity, level 2 activity or level 3 activity) for which a permit is not required, the Director may direct the person who proposes to undertake the environmentally relevant activity to refer details of the proposed activity to the Board for assessment under this Act and that person must comply with that direction.
(3)  Subject to subsection (4) , the Board must undertake, in accordance with the Environmental Impact Assessment Principles and Division 1A , an assessment of an activity which has been referred to the Board under this section.
(4)  If the Board is of the opinion that an activity which has been referred to the Board under this section will not result in serious or material environmental harm, the Board may notify the person who proposes to undertake the activity that an assessment under this Act is not required and must, if required by any person, give written reasons in support of that opinion.
(5)  Subject to subsection (4) , a person must not commence an activity which must be referred to the Board under this section until the assessment by the Board has been made.
Penalty:  Fine not exceeding 500 penalty units.
(6)  On completion of an assessment, the Board must –
(a) cause the Director to, within 7 days after completion of the assessment –
(i) issue and serve on the person who proposes to undertake the activity which has been referred to the Board under this section an environment protection notice containing the conditions or restrictions (if any) which the Board requires to apply to the activity and the reasons for those conditions or restrictions; and
(ii) by notice in writing served on any person who has made a representation in relation to the activity in accordance with section 74(6) , notify that person of the issue of the environment protection notice and the conditions or restrictions (if any) that the Board requires to apply to the activity and the reasons for those conditions or restrictions; or
(b) by notice in writing served within 7 days after completion of the assessment –
(i) on the person who proposes to undertake the activity, notify that person that the activity must not proceed, together with reasons in support of the Board's decision; and
(ii) on any person who has made a representation in relation to the activity in accordance with section 74(6) , notify that person that the activity must not proceed, together with reasons in support of the Board's decision.
(7)  A person aggrieved by the decision of the Board may, within 14 days after the day on which the notice was served under subsection (6) , appeal to the Appeal Tribunal.
(8)  This section does not apply in relation to an activity to which section 27AA applies.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]