ENVIRONMENTAL PROTECTION ACT 1994 - SECT 150 Notification stage does not apply to particular applications

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 150

150 Notification stage does not apply to particular applications

(1) This section applies if—

(a) for an EIS under this Act—

(i) the EIS for each relevant activity the subject of the application has been notified under section 51 ; and

(ii) for a site-specific application for a mining activity relating to a mining lease—the notification of the EIS for the mining activity under section 51 included a notification of a proposed PRC plan for the application; and

(b) for an EIS under the State Development Act —

(i) the EIS for each relevant activity the subject of the application has been notified under section 33 of that Act; and

(ii) for a site-specific application for a mining activity relating to a mining lease—the notification of the EIS for the mining activity under section 33 of that Act included a notification of a proposed PRC plan for the application; and

(c) for an application for an environmental authority, since the EIS mentioned in paragraph (a) or (b) was notified—

(i) the environmental risks of the relevant activity and the way it will be carried out have not changed; or

(ii) if the application proposes a change to the way the relevant activity will be carried out—the administering authority is satisfied the change would not be likely to attract a submission objecting to the thing the subject of the change, if the notification stage were to apply to the change; and

(d) for a proposed PRC plan notified with an EIS mentioned in paragraph (a) or (b) , since the EIS was notified—

(i) a post-mining land use or non-use management area has not changed; or

(ii) the day by which rehabilitation of land to a stable condition will be achieved has not changed.

(2) The notification stage does not apply to the application.

(3) However, a properly made submission about the EIS is taken to be a properly made submission about the application.

(4) In this section—


"EIS" means an EIS under this Act or the State Development Act .