MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 3 Environmental impact statements
Part 1 EIS process

[s 50]

          (4)   However, the period fixed must be at least 30 business days
                and must end at least 30 business days after the EIS notice is
                published.
          (5)   The chief executive must, within 10 business days after the
                decision is made, give the proponent written notice of the
                decision and of any submission period fixed.
          (6)   If the decision is to refuse to allow the EIS to proceed, the
                notice must also state—
                (a)   the reasons for the decision; and
                (b)   that the proponent may, under section 50, apply to the
                      Minister to review the decision; and
                (c)   how to apply for a review.

50        Ministerial review of refusal to allow to proceed
          (1)   If the chief executive decides to refuse to allow the EIS to
                proceed, the proponent may, by written notice, apply to the
                Minister to review the decision.
          (2)   The notice must—
                (a)   state why the proponent considers the EIS should be
                      allowed to proceed; and
                (b)   be given within 10 business days after the proponent
                      receives a notice under section 49(6) about the decision.
          (3)   However, the Minister may, at any time, extend the time for
                giving the notice.
          (4)   In reviewing the decision, the Minister—
                (a)   has the same powers as the chief executive; and
                (b)   may confirm the chief executive’s decision or decide to
                      allow the EIS to proceed under division 4.
          (5)   The Minister’s decision on the review is taken for this part,
                other than section 49(6), to be the chief executive’s decision.



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