MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
              Chapter 5 Environmental authorities and environmentally relevant activities
                                                              Part 3 Information stage

                                                                                  [s 140]


Division 2                  Information requests

140      Information request to applicant
        (1)   The administering authority may ask the applicant, by written
              request (an information request), to give further information
              needed to assess the application.
        (2)   An information request must state that the application will
              lapse unless the applicant gives the administering authority a
              response under section 146.

141      Content of information request
        (1)   The administering authority must state in an information
              request the period (the information response period) within
              which the applicant must give a response under section 146.
        (2)   The information response period must be—
              (a)    if an EIS is required for the application under section
                     142(2) or 143(2)—a period of at least 2 years after the
                     final terms of reference are given to the proponent under
                     section 46(1); or
              (b)    otherwise—a period of at least 6 months after the giving
                     of the information request.

142      EIS must be required for particular applications
        (1)   This section applies for a site-specific application if—
              (a)    the application is for a mining activity, other than a
                     mining activity carried out for specified works—
                     (i)   below the surface of a wild river high preservation
                           area or a wild river special floodplain management
                           area; or
                     (ii) under a nominated waterway in a wild river
                          preservation area; and


Current as at 20 February 2014                                                 Page 117