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MCU14/0028 Appendix 2 EnvProtAct 1994
Original PDF page 134, section 1. The text section number identifies this passage in the reader.
Environmental Protection Act 1994
Chapter 5 Environmental authorities and environmentally relevant activities
Part 5 Decision stage
[s 170]
decision under subdivision 2 must be made within the
decision-making period for the development application under
the Planning Act, including any extension of that period.
(3) If the administering authority is a concurrence agency for the
development application under the Planning Act, a decision
under subdivision 2 must be made within the referral agency’s
assessment period for the development application under the
Planning Act, including any extension of that period.
Subdivision 2 Decision
170 Deciding standard application
(1) This section applies for a standard application.
(2) The administering authority must decide—
(a) that the application be approved subject to the standard
conditions for the relevant activity or authority; or
(b) if the application is for a mining activity relating to a
mining lease and a properly made submission is made
for the application—that the applicant be issued an
environmental authority on conditions that are different
to the standard conditions for the activity or authority.
(3) However, the administering authority may only make a
decision under subsection (2)(b) if the properly made
submission relates to the subject of the standard condition to
be changed.
171 Deciding variation application
(1) This section applies for a variation application.
(2) The administering authority must decide—
(a) that the application be approved subject to conditions
that are different to the standard conditions for the
activity or authority; or
Page 132 Current as at 20 February 2014
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