MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 68]

68        Substantial compliance with notice requirements may be
          accepted
          (1)   If the proponent has not complied with the notice
                requirements under division 2, subdivision 2 or division 4,
                subdivision 1, the chief executive must decide whether to
                allow the EIS to proceed under this part as if the
                noncompliance had not happened.
          (2)   The chief executive may decide to allow the EIS to proceed
                only if the chief executive is satisfied there has been
                substantial compliance with the requirements.
          (3)   If the chief executive decides not to allow the EIS to proceed,
                the chief executive must, within 10 business days after the
                decision is made—
                (a)   fix a new period for compliance with the requirements
                      (the new notice period); and
                (b)   either fix—
                      (i)   if the noncompliance was with division 2,
                            subdivision 2—a new comment period; or
                      (ii) if the noncompliance was with division 4,
                           subdivision 1—a new submission period; and
                (c)   give the proponent an information notice about the
                      decision not to allow the EIS to proceed and the decision
                      about the new notice period.
          (4)   The information notice must state the new notice period and
                the new comment or submission period.
          (5)   The new notice period applies despite the period for giving
                the notice under section 43(3) or 51(2).




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