Western Australian Current Acts

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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 38F

38F .         Request for further information

        (1)         This subsection applies if the Authority considers that it does not have enough information about a referred proposal to enable it to decide —

            (a)         whether or not to assess the proposal; or

            (b)         whether or not to agree to a request made under section 38E(2).

        (2)         If subsection (1) applies, the Authority may, by written notice (a requisition ), request any person to provide it with additional information about the proposal before the end of a period specified in the notice (the compliance period ).

        (3)         In determining whether the 28 day period set by section 38G(1) has ended the following are to be disregarded —

            (a)         if a requisition is complied with within the compliance period — the period from the day on which it was issued until the day on which it was complied with;

            (b)         if a requisition is not complied with within the compliance period — the compliance period.

        (4)         If a requisition in relation to a proposal is issued to the person who referred the proposal and the compliance period ends without the requisition having been complied with, the Authority may, by written notice to the person, declare the referral to have been withdrawn.

        (5)         If the proposal was not referred by the proponent, the Authority must obtain the consent of the proponent before giving notice under subsection (4).

        [Section 38F inserted: No. 40 of 2020 s. 15.]



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