ENVIRONMENTAL PROTECTION ACT 1994 - SECT 603C Deciding application if additional conditions requested

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 603C

603C Deciding application if additional conditions requested

(1) This section applies if the conversion application is for a non-code compliant authority for a level 2 mining project and additional conditions are requested in the application.

(2) The administering authority must, within 10 business days after it receives the application, decide whether—

(a) to grant the application; and

(b) if it decides to grant—to impose the additional conditions.

(3) However, an additional condition may be imposed only if the administering authority considers—

(a) the condition is necessary or desirable; and

(b) that, if the condition is imposed, the proposed non-code compliant authority would still be for a level 2 mining project.

(4) In making the decisions, the administering authority must consider the criteria mentioned in section 173(2).

(5) On, the granting of the application, the relevant transitional authority is taken to be a non-code compliant authority for a level 2 mining project.

(6) If additional conditions are imposed on the non-code compliant authority, the administering authority must, within 10 business days after the granting of the application—

(a) amend the non-code compliant authority to include the conditions; and

(b) record particulars of the amendment in the appropriate register; and

(c) give the applicant a copy of the amended non-code compliant authority.