(1) The Minister must
not under section 25(2)(a) approve a proposed scheme or amendment referred to
the EPA under section 20 if the Minister has reached agreement with the
Minister for the Environment under the Environmental Protection Act 1986
section 48A(2)(b) in relation to the proposed scheme or amendment.
(2) The Minister must
not under section 25(2)(a) approve a proposed scheme or amendment referred to
the EPA under section 20 unless —
(a) the
EPA has informed the Minister under the Environmental Protection Act 1986
section 48A(1)(a) that the EPA considers that the proposed scheme or amendment
should not be assessed by the EPA under Part IV Division 3 of that Act; or
(b) the
Minister —
(i)
has received a statement under the
Environmental Protection Act 1986 section 48F(2) in respect of the
conditions, if any, to which the proposed scheme or amendment is subject; and
(ii)
is satisfied that the conditions, if any, have been
incorporated into the proposed scheme or amendment;
or
(c) both
—
(i)
a decision has been made under the
Environmental Protection Act 1986 section 48J in respect of the conditions,
if any, to which the proposed scheme or amendment is subject; and
(ii)
the Minister is satisfied that the conditions, if any,
have been incorporated into the proposed scheme or amendment;
or
(d) the
period of 28 days referred to in the Environmental Protection Act 1986
section 48A(1)(b)(i) has expired without the EPA having informed the
Commission under that section.