MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                  [s 175]

175      Criteria for decision—standard application
        (1)   This section applies for a standard application for a mining
              activity relating to a mining lease if a properly made
              submission is made for the application.
        (2)   In deciding the application, the administering authority
              must—
              (a)    comply with any relevant regulatory requirement; and
              (b)    subject to paragraph (a), have regard to each of the
                     following—
                     (i)   the application;
                     (ii) the standard conditions for the relevant activity or
                          authority;
                     (iii) the standard criteria.

176      Criteria for decision—variation or site-specific
         application
        (1)   This section applies for a variation or site-specific application.
        (2)   In deciding the application, the administering authority
              must—
              (a)    comply with any relevant regulatory requirement; and
              (b)    subject to paragraph (a), have regard to each of the
                     following—
                     (i)   the application;
                     (ii) any standard conditions for the relevant activity or
                          authority;
                     (iii) any response given for an information request;
                     (iv) the standard criteria.
        (3)   Despite subsection (2)(b), if the application is a variation
              application, the matters mentioned in subsection (2)(b) may
              only be considered to the extent they relate to the subject of
              the condition to be changed.
Current as at 20 February 2014                                                 Page 135