Australian Capital Territory Consolidated Acts

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 written 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)     The authority must also publish the notice in a daily newspaper.

    (4)     The notice must be notified under the Legislation Act, and published in a daily newspaper, within 10 working days after the day the environmental protection agreement is entered into.

    (5)     The Minister may, in writing, 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.

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

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