ENVIRONMENTAL PROTECTION ACT 1994 - SECT 159
Substantial compliance may be accepted
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 159
Substantial compliance may be accepted
159 Substantial compliance may be accepted
(1) This section applies if the applicant—
(a) has not complied with the
public notice requirements; or
(b) has given a declaration under section 158(1) , but not within the period mentioned in section 158(2) .
(2) The
administering authority must, within 10 business days after receiving the
declaration, decide whether to allow the application to proceed under this
part as if the noncompliance had not happened.
(3) The authority may decide
to allow the application to proceed only if it is satisfied there has been
substantial compliance with the public notice requirements.
(4) If the
decision is that the application may proceed, the authority must, within 10
business days after the decision is made, give the applicant written notice of
the decision.
(5) If the authority decides not to allow the application to
proceed—
(a) any steps purportedly taken to comply with the public notice
requirements are of no effect; and
(b) the authority must, within 10 business
days after the decision is made—
(i) fix a substituted way to give or
publish the application notice and give the applicant written notice of the
substituted way; and
(ii) fix a new submission period for the application and
give the applicant written notice of the period; and
(iii) give the applicant
an information notice about the decision.
(6) The stated substituted way to
give or publish the application notice applies instead of the requirements for
giving or publishing the notice under section 152.
(7) If the administering
authority states a substituted way to give or publish the application notice,
section 158applies to the applicant as if—
(a) a reference to section 152were a reference to the notice given under subsection (5) (b) (i) ; and
(b) a
reference to the submission period were a reference to the submission period
fixed under subsection (5) (b) (ii) .
(8) Despite subsection (5) (a) , if the
administering authority decides not to allow the application to proceed, any
properly made submissions for the application continue to have effect.