MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                    [s 172]

              (b)    that the applicant be issued an environmental authority
                     subject to the standard conditions for the activity or
                     authority.

172      Deciding site-specific application
        (1)   This section applies for a site-specific application.
        (2)   The administering           authority     must     decide      that      the
              application—
              (a)    be approved subject to conditions; or
              (b)    be refused.

173      When particular applications must be refused
        (1)   The administering authority must refuse an application if—
              (a)    the applicant is not a registered suitable operator; and
              (b)    an application for registration made by the applicant
                     under section 318F is refused.
        (2)   Subsection (3) applies if—
              (a)    under section 115, a development application is taken to
                     also be an application for an environmental authority;
                     and
              (b)    either—
                     (i)   if the administering authority is a concurrence
                           agency for the development application—the
                           authority tells the assessment manager to refuse the
                           development application or that any approval must
                           be a preliminary approval only under the Planning
                           Act, section 287; or
                     (ii) if the administering authority is the assessment
                          manager for the development application—the
                          authority refuses the development application or
                          gives a preliminary approval only under the
                          Planning Act, section 324.
Current as at 20 February 2014                                                 Page 133