ENVIRONMENT PROTECTION ACT 1997 - SECT 48 Consultation on application for environmental authorisation

ENVIRONMENT PROTECTION ACT 1997 - SECT 48

    (1)     If the authority receives an application under section 47 in relation to a prescribed activity (other than a prescribed activity to which a declaration under subsection (6) applies), the authority must prepare a notice—

        (a)     containing a brief description of the prescribed activity and its location; and

        (b)     indicating where copies of the application may be obtained; and

        (c)     inviting anyone to make submissions about the application to the authority, at the place stated in the notice, no later than the date (the relevant date ) stated in the notice.

    (2)     The relevant date must be at least 15 working days after the day the notice is notified under the Legislation Act

.

    (3)     The notice is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (4)     Within 10 working days after the day the notice mentioned in subsection (1) is notified under the Legislation Act

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

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 (4) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

    (5)     The Minister may declare that this section does not apply to a prescribed activity.

    (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

.