ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 9 Insertion new ss 41A and 41B

ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 9

9 Insertion new ss 41A and 41B

After section 41 —

insert—

41A Decision on draft terms of reference

(1) The chief executive must, within 15 business days after the draft terms of reference is submitted—

(a) review the draft and any documents accompanying the draft; and

(b) decide whether to allow the draft to proceed to public notification under subdivision 2 ; and

(c) give the proponent a notice under subsection (4) or section 42 (1) .

(2) The period mentioned in subsection (1) may be extended if, before the decision is made, the proponent agrees in writing to the extension.

(3) The chief executive must refuse to allow the draft to proceed to public notification if, having regard to the draft—

(a) the chief executive is satisfied it is unlikely the project could proceed under this Act or another law, including, for example, because the project—

(i) would contravene a law of the Commonwealth or the State; or

(ii) would give rise to an unacceptable risk of serious or material environmental harm; or

(iii) would have an unacceptable adverse impact on a matter of State environmental significance or a matter of national environmental significance; or

(iv) would have an unacceptable adverse impact on an area of cultural heritage significance; or

(b) the chief executive is required to refuse to allow the draft to proceed under a regulatory requirement.

(4) If the chief executive refuses to allow the draft to proceed to public notification, the chief executive must give the proponent an information notice for the decision that also states—

(a) if the proponent has not previously resubmitted the draft under section 41B — that the proponent may resubmit an amended draft terms of reference for a decision under section 41B within 20 business days after the notice is given or, if the chief executive agrees to a different period, the different period; or

(b) if the proponent has previously resubmitted the draft under section 41B —

(i) that the proponent can not further resubmit the draft terms of reference; but

(ii) the proponent may submit a new draft terms of reference under section 41 in relation to the project.

41B Proponent may resubmit draft terms of reference

(1) This section applies if the chief executive refuses, under section 41A , to allow the draft terms of reference to proceed.

(2) The proponent may resubmit, with changes, the submitted draft terms of reference to the chief executive within—

(a) 20 business days after the information notice for the decision is given under section 41A (4) ; or

(b) if the chief executive and the proponent have, within the 20 business days, agreed to a different period—the different period.

(3) The proponent may resubmit the draft under this section only once.

(4) Section 41A applies in relation to the resubmitted draft terms of reference.

(5) Nothing in this section prevents the proponent from submitting a new draft terms of reference under section 41 in relation to the same project.