MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 194]

                      (i)    that the application be approved on the basis of the
                             draft environmental authority for the application;
                             or
                      (ii) that the application be approved, but on stated
                           conditions that are different to the conditions in the
                           draft environmental authority; or
                      (iii) that the application be refused; or
                (b)   if a draft environmental authority was not given for the
                      application—
                      (i)    that the application be approved subject to
                             conditions; or
                      (ii) that the application be refused.
          (3)   The administering authority must make a final decision on the
                application—
                (a)   if the MRA Minister or State Development Minister is
                      given a copy of the objections decision under section
                      192—within 10 business days after the end of the longer
                      period within which either Minister must give advice
                      relating to the application under section 193; or
                (b)   otherwise—within 10 business days after receipt by the
                      authority of notice under section 182(4) that the last
                      remaining objection notice for the application is
                      withdrawn.
          (4)   In making the decision, the administering authority must—
                (a)   have regard to—
                      (i)    the objections decision, if any; and
                      (ii) all advice, if any, given by the MRA Minister or
                           the State Development Minister to the
                           administering authority under section 193; and
                      (iii) if a draft environmental authority was given for the
                            application—the draft environmental authority;
                            and
Page 144                                                  Current as at 20 February 2014