ENVIRONMENTAL PROTECTION ACT 1994 - SECT 143
EIS may be required
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 143
EIS may be required
143 EIS may be required
(1) This section applies for a site-specific application for a resource
activity if—
(a) the application does not relate to a coordinated project;
and
(b) any of the following apply—
(i) the chief executive has granted an
approval for the applicant to voluntarily prepare an EIS under chapter 3 ,
part 2 and the EIS process has not yet been completed under chapter 3 , part 1
;
(ii) an EIS process for an EIS for the application has otherwise not been
completed under chapter 3 , part 1 ;
(iii) an EIS assessment report relating
to the application has lapsed under section 59A.
(2) Without limiting
section 140(1) , the administering authority may include in an information
request—
(a) if subsection (1) (b) (i) applies—a requirement that the EIS
process be completed and an EIS be provided for the application; or
(b)
otherwise—a requirement that the applicant complete an EIS process and
provide an EIS for the application.
(3) If subsection (1) (b) (ii) or (iii)
applies, in deciding whether an EIS is required for an application, the
administering authority must consider the standard criteria.
(4) A
requirement under subsection (2) ceases to have effect if a relevant activity
or tenure for the application is, or is included in, a coordinated project.
(5) If the chief executive has made a decision under section 73Cthat an EIS
would not be required for an application for an environmental authority for a
project, the administering authority must not require an applicant for an
environmental authority for the project to provide an EIS for the application.
(6) Subsection (5) does not apply if the environmental risks of the activities
proposed to be carried out under the project, and the way the activities are
to be carried out, are different from the environmental risks and activities
considered by the chief executive when making the decision under section 73C.