MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 7 Environmental management
Part 3 Transitional environmental programs

[s 338]

338        Criteria for deciding draft program
          (1)   In deciding whether to approve or refuse to approve the draft
                program or the conditions (if any) of the approval, the
                administering authority—
                (a)   must comply with any relevant regulatory requirement;
                      and
                (b)   subject to paragraph (a), must also consider the
                      following—
                      (i)   the standard criteria;
                      (ii) additional information given in relation to the draft
                           program;
                      (iii) the views expressed at a conference held in relation
                            to the draft program.
          (2)   Subsection (1)(b) does not limit the criteria or matters the
                administering authority may consider in making a decision
                under section 339.
          (3)   If the draft program is prepared because of a requirement of a
                development condition of a development approval, the
                authority may approve the draft program only if it is not
                inconsistent with other conditions of the approval.

339        Decision about draft program
          (1)   The administering authority may—
                (a)   approve a draft transitional environmental program—
                      (i)   as submitted; or
                      (ii) as amended at the request, or with the agreement,
                           of the administering authority; or
                (b)   refuse to approve a draft transitional environmental
                      program.
          (2)   The administering authority may impose on an approval of a
                draft transitional environmental program—


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