• Specific Year
    Any

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.