ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 68 Amendment of s 338 (Criteria for deciding draft program)

ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 68

68 Amendment of s 338 (Criteria for deciding draft program)

(1) Section 338 , heading, ‘draft program’—

omit, insert—

application

(2) Section 338 (1) , from ‘the draft’ to ‘approval’—

omit, insert—

an application for the issue of a transitional environmental program or the conditions to be imposed on the program

(3) Section 338 (1) , before paragraph (a) —

insert—

(aa) must consider whether the program sought by the application—

(i) may allow serious environmental harm to happen or cause serious environmental harm; and

(ii) will achieve full compliance with the Act for the matters dealt with by the program under section 349; and

(4) Section 338 (1) (b) , ‘(a)’—

omit, insert—

(b)

(5) Section 338 (1) (b) (ii) and (iii) , ‘the draft program’—

omit, insert—

the application

(6) Section 338 (1) (aa) to (b) —

renumber as section 338 (1) (a) to (c) .

(7) Section 338 (2) , ‘(1)(b)’—

omit, insert—

(1) (c)

(8) Section 338 —

insert—

(3) Without limiting the circumstances in which the administering authority may refuse to approve the application, the administering authority may refuse to approve the application if it considers the program sought by the applicationmay allow serious environmental harm to happen or cause serious environmental harm.

(4) However, the administering authority must refuse to approve the application if it considers the program sought by the application will not achieve full compliance with the Act for the matters dealt with by the program under section 349.