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MCU14/0028 Appendix 2 EnvProtAct 1994

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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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