ENVIRONMENTAL PROTECTION ACT 1994 - SECT 139
Information stage does not apply if EIS process complete
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 139
Information stage does not apply if EIS process complete
139 Information stage does not apply if EIS process complete
(1) This section applies if—
(a) either—
(i) the EIS process for an EIS
for each relevant activity the subject of the application has been completed
and the EIS assessment report relating to each relevant activity has not
lapsed under section 59A; or
(ii) in evaluating an EIS under the State
Development Act , the Coordinator-General has stated conditions mentioned in
section 34D (3) (b) of that Act that relate to each relevant activity the
subject of the application; and
(b) since the EIS mentioned in paragraph (a)
(i) or the evaluation mentioned in paragraph (a) (ii) was completed—
(i) for
an environmental authority—the environmental risks of the activity and the
way the activity will be carried out have not changed; or
(ii) for a proposed
PRC plan—
(A) a post-mining land use or non-use management area has not
changed; or
(B) achieving a stable condition for land has not changed; or
(C) the way a post-mining land use will be achieved, or a non-use management
area will be managed, has not changed in a way likely to result in
significantly different impacts on environmental values compared to the
impacts on the values under the EIS; or
(D) the day by which rehabilitation
of land to a stable condition will be achieved has not changed.
(2)
However—
(a) this section applies for a variation application or
site-specific application only if the matters mentioned in section 125(1) (l)
have been provided to the administering authority (whether with the
application, through the EIS or in another way); and
(b) this section applies
for a site-specific application for a mining activity relating to a mining
lease only if there is a proposed PRC plan for the application.
(3) The
information stage does not apply to the application.