AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 27FA

Acceptance by Board of case for assessment

(1)  In this section –
applicant or proponent , in respect of a case for assessment, means the applicant or proponent in respect of the application or proposal to which the case for assessment relates;
required information , in relation to a case for assessment, means the information required in order to satisfy the Board’s requirements, as referred to in section 74(3) , in respect of the application or proposal to which the case for assessment relates.
(2)  An applicant or proponent in respect of a case for assessment may request the Board to accept the case for assessment.
(3)  The Board, within 42 days after the day on which a request is made to the Board under subsection (2) in relation to a case for assessment, is to, by notice in writing to the applicant or proponent in respect of the case for assessment, advise the applicant or proponent as to whether the case for assessment has been accepted by the Board or has not been accepted by the Board.
(4)  If the Board, within 40 days after the day on which a request is made to the Board under subsection (2) in relation to a case for assessment, is not satisfied that the case for assessment includes the required information, the Board is to, by notice in writing to the applicant or proponent in respect of the case for assessment –
(a) advise the applicant or proponent that the information included in the case for assessment is insufficient or unsatisfactory, or both, as the case may be; and
(b) request the applicant or proponent to provide to the Board a case for assessment that includes the information specified in the notice.
(5)  If the Board gives, under subsection (4) or this subsection, a notice (the relevant notice ) to an applicant or proponent, the Board must, within 8 days from the day on which it receives a case for assessment in accordance with the relevant notice, if the Board is not satisfied that the information specified in the relevant notice has been included in the case for assessment, by notice in writing to the applicant or proponent –
(a) advise the applicant or proponent that the Board is not satisfied that the information specified in the relevant notice has been included in the case for assessment; and
(b) request the applicant or proponent to provide to the Board a case for assessment that includes the information specified in the notice under this subsection.
(6)  If the Board gives, under subsection (4) or subsection (5) , a notice to an applicant or proponent in respect of a case for assessment, the 42-day period referred to in subsection (3) does not continue to run, in relation to the case for assessment, during the period –
(a) beginning on the day on which the first such notice is given to the applicant or proponent; and
(b) ending on the day on which the applicant or proponent provides to the Board a case for assessment that the Board is satisfied includes the information specified in the notice under subsection (4) or subsection (5) , respectively.



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