MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 5 Environmental authorities and environmentally relevant activities
Part 4 Notification stage

[s 158]

158        Declaration of compliance
          (1)   The applicant must give the administering authority a
                declaration about whether or not the applicant has complied
                with the following requirements (the public notice
                requirements)—
                (a)   the notice requirements under sections 152 and 153;
                (b)   if the application is a site-specific application—the
                      requirement to make a copy of the application notice
                      and the application documents available on a website
                      from the start of the submission period under section
                      156(3).
          (2)   The declaration must be given within 5 business days after the
                submission period ends.
          (3)   A copy of the application notice must be attached to the
                declaration.
          (4)   The applicant is taken to have complied with the public notice
                requirements if—
                (a)   a declaration is given within the period mentioned in
                      subsection (2); and
                (b)   the declaration states the applicant has complied with
                      the requirements.

159        Substantial compliance may be accepted
          (1)   This section applies if the applicant—
                (a)   has not complied with the public notice requirements; or
                (b)   has given a declaration under section 158(1), but not
                      within the period mentioned in section 158(2).
          (2)   The administering authority must, within 10 business days
                after receiving the declaration, decide whether to allow the
                application to proceed under this part as if the noncompliance
                had not happened.



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