ENVIRONMENT PROTECTION ACT 1997 - SECT 41 Notification of environmental protection agreements

ENVIRONMENT PROTECTION ACT 1997 - SECT 41

    (1)     If the authority enters into an environmental protection agreement under section 38 (Entering agreements), the authority must prepare a notice stating that the agreement—

        (a)     has been entered into; and

        (b)     is available for public inspection under section 19 (Inspection of documents).

    (2)     The notice is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (3)     Within 10 working days after the day an environmental protection agreement is notified under the Legislation Act

, the authority must give additional public notice of the accreditation.

Note     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

    (4)     The Minister may declare that this section does not apply to an environmental protection agreement if satisfied that the implementation of the agreement—

        (a)     is not likely to cause environmental harm; or

        (b)     is likely to cause environmental harm, but not material environmental harm.

    (5)     A declaration under subsection (4) is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.