ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 49 Insertion of new ch 5, pt 14, div 1, sdiv 3 and sdiv 4, hdg

ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 49

49 Insertion of new ch 5, pt 14, div 1, sdiv 3 and sdiv 4, hdg

After section 299 —

insert—

Subdivision 3 - Changing applications

299A Meaning of minor ERC change A
"minor ERC change" , for an application for an ERC decision for a resource activity, is any of the following changes to the application—

(a) a change that merely corrects a mistake about the name or address of the applicant;

(b) a change that merely corrects a spelling or grammatical error;

(c) a change that the administering authority is satisfied would not adversely affect the ability of the authority to assess the changed application.

299B Changing application

(1) Before an ERC decision is made, the applicant may change the application by giving the administering authority written notice of the change.

(2) However, the applicant can not change the application in a way that would result in section 298 not being complied with for the application.

(3) A notice may be given under this section only once in relation to the application.

299C Effect on ERC decision process

(1) The periods mentioned in section 299 and 300 are not affected by the making of a change to the application if—

(a) the change is a minor ERC change; or

(b) the administering authority agrees in writing to this subsection applying in relation to the change.

(2) If subsection (1) does not apply in relation to the change, sections 299 and 300 apply in relation to the changed application as if it were a new application received by the administering authority when notice of the change was given to the administering authority under section 299B(1).

Subdivision 4 - ERC decisions