Tasmanian Numbered Acts

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WATER LEGISLATION AMENDMENT ACT 2008 (NO. 56 OF 2008) - SECT 70

Section 155 amended (Provision of additional information or taking of action)
Section 155 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the following subsection:
(1)  A notice under section 154(1) may require that –
(a) additional information be provided or verified by specified persons or provided in a special format; or
(b) an action be taken according to specified instructions.
(b) by omitting from subsection (2) "The information required under" and substituting "Additional information required pursuant to" ;
(c) by inserting the following paragraph after paragraph (g) in subsection (2) :
(gaa) any survey, study or investigation; or
(d) by omitting subsections (4) , (5) and (6) and substituting the following subsections:
(4)  If the Assessment Committee reasonably considers that any information or action required pursuant to section 154(1) has a public benefit –
(a) it may make a recommendation to the Minister on the sharing, between the applicant and any Agency, of the costs of obtaining the information or taking the action; and
(b) on the basis of that recommendation, the Minister may determine that an Agency is to pay a share of those costs.
(5)  However, if a determination under subsection (3) relates to an Agency administered by another Minister, the relevant payment requires the approval of that Minister.
(6)  If an applicant for a permit does not, to the Assessment Committee’s satisfaction, comply with a notice under section 154(1) within 2 years after the date of the notice –
(a) the application is taken to have been withdrawn; and
(b) the Assessment Committee need not take any further action on the application.
(e) by omitting from subsection (7) "The Assessment Committee may extend the time for providing the information required under section 154(1) " and substituting "However, the Assessment Committee may extend the time for complying with a notice under section 154(1) " ;
(f) by omitting from subsection (7)(b)(i) "flora, fauna" and substituting "natural values" ;
(g) by omitting from subsection (8) "If" and substituting "Also, if" .



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