AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 42R

Notice of decision by Board in relation to variation

(1)  The Board must, as soon as practicable after making a decision under section 42Q(2) or (3) in relation to a relevant application within the meaning of section 42Q(1) , give a relevant notice to –
(a) the person who made the application; and
(b) if the application is an application to which section 25 or 25A relates, the planning authority for the area of land, or area of State waters, to which the application relates; and
(c) if the application is an application to which section 25A relates, the Commission.
(2)  The Board must, as soon as practicable after making a decision under section 42Q(3) in relation to an EL activity, give a relevant notice to each person who has made a representation under the Land Use Planning and Approvals Act 1993 or section 27G(2) in relation to the activity.
(3)  The Board must, as soon as practicable after making a decision under section 42Q(3) in relation to a proposal, for a variation of an environmental licence, that is referred to the Board in accordance with section 42P(6), (7) or (8), give a relevant notice to the person who is the holder of the licence.
(4)  For the purposes of this section, a relevant notice, in relation to a decision, to be given to a person or body is a notice –
(a) specifying whether the Board has varied, or refused to vary, the environmental licence to which the decision relates and the reasons for making the decision; and
(b) if the decision is a decision to vary an environmental licence, specifying details of the variation and the reason for the variation; and
(c) if the person is a person who has a right under Subdivision 9 to appeal to the Appeal Tribunal in relation to the decision, of the person's right under Subdivision 9 to appeal to the Appeal Tribunal in relation to the decision.


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