ENVIRONMENTAL PROTECTION ACT 1994 - SECT 398
Deciding whether to approve draft site management plan
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 398
Deciding whether to approve draft site management plan
398 Deciding whether to approve draft site management plan
(1) If section 397(2) does not apply, the administering authority must,
within 20 business days after receiving a draft site management plan, decide
whether to approve the draft plan.
(2) The administering authority may decide
to extend the period mentioned in subsection (1) if the authority—
(a) has
made a requirement under section 397(3) ; or
(b) is satisfied special
circumstances exist that justify extending the period.
(3) The administering
authority must give an information notice for the decision to—
(a) the
submitter; and
(b) if the submitter is not the land’s owner—the owner.
(4) The information notice must be given before the end of whichever of the
following happens last—
(a) the period mentioned in subsection (1) ; or
(b)
if the period is extended under subsection (2) —the extended period.
(5) If
the administering authority fails to decide whether to approve a draft site
management plan within the period required under this section, the authority
is taken to have refused to approve the draft plan at the end of the period.
