MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                  [s 189]

189      Land Court mediation of objections
        (1)   At any time before the objections decision is made, any party
              to the proceeding may ask the Land Court to conduct or
              provide mediation for the objector’s submission.
        (2)   The mediation must be conducted by the Land Court or a
              mediator chosen by the Land Court.

190      Nature of objections decision
        (1)   The objections decision for the application must be a
              recommendation to the administering authority that—
              (a)    if a draft environmental authority was given for the
                     application—
                     (i)   the application be approved on the basis of the
                           draft environmental authority for the application;
                           or
                     (ii) the application be approved, but on stated
                          conditions that are different to the conditions in the
                          draft environmental authority; or
                     (iii) the application be refused; or
              (b)    if a draft environmental authority was not given for the
                     application—
                     (i)   the application be approved subject to conditions;
                           or
                     (ii) the application be refused.
        (2)   However, if a relevant mining lease is, or is included in, a
              coordinated project, any stated conditions under subsection
              (1)(a)(ii) or (b)(i)—
              (a)    must include the Coordinator-General’s conditions; and
              (b)    can not be inconsistent with a Coordinator-General’s
                     condition.



Current as at 20 February 2014                                                 Page 141