STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 35A Lapsing of Coordinator-General’s report

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 35A

35A Lapsing of Coordinator-General’s report

(1) The Coordinator-General’s report for the EIS or IAR for a project lapses—

(a) if the report for the EIS or IAR states or implies a time for the report to lapse—at the stated or implied time; or

(b) otherwise—3 years after the day the report is publicly notified under section 34D (4) (b) or 34L (4) (b) .

(2) Subsection (3) applies if—

(a) the project the subject of the Coordinator-General’s report requires 1 or more relevant approvals; and

(b) the proponent applies for each relevant approval before the Coordinator-General’s report would otherwise lapse under subsection (1) .

(3) Despite subsection (1) , the Coordinator-General’s report does not lapse, to the extent it relates to the relevant approval applied for, until—

(a) if the application for the relevant approval is refused—the application is decided and any appeal against the decision is finalised or withdrawn; or

(b) if the application for the relevant approval is approved—the approval takes effect.

(4) Subsection (5) applies if, before the report would otherwise lapse under subsection (1) or (3) , the Coordinator-General gives the proponent written notice stating a later time for the report to lapse.

(5) Despite subsections (1) and (3) , the Coordinator-General’s report does not lapse until the later time stated in the notice.

(6) Subsection (7) applies if—

(a) division 8 applies to the project; and

(b) the undertaking of the project substantially starts before the Coordinator-General’s report would otherwise lapse under subsection (1) , (3) or (5) .

(7) Despite subsections (1) , (3) and (5) , the Coordinator-General’s report does not lapse and continues to have effect to the extent it imposes conditions for the undertaking of the project.

(8) In this section—


"relevant approval" means—

(a) a development approval; or

(b) a mining lease under the Mineral Resources Act ; or

(c) an environmental authority; or

(d) a petroleum lease, pipeline licence or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act 2004 ; or

(e) a GHG injection and storage lease under the Greenhouse Gas Storage Act 2009 ; or

(f) a geothermal production lease under the Geothermal Energy Act 2010 ; or

(g) another approval under an Act if the application for the approval requires, other than under the Planning Act or the Environmental Protection Act , chapter 5 , an EIS or a similar statement to address the environmental effects of the approval.