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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 96M Amendment of environment protection policy

ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 96M

Amendment of environment protection policy

(1)  In this section,
significant change , in relation to an amendment to an environment protection policy, means an amendment to an environment protection policy that substantially alters the content or effect of the environment protection policy.
(2)  The Minister may require the Panel to determine whether a proposed amendment to an environment protection policy constitutes a significant change to the environment protection policy.
(3)  The Panel must, within 21 days after being required to make the determination or such longer period as the Minister allows –
(a) notify the Minister of its determination; and
(b) publish notice of its determination in the Gazette .
(4)  The Panel must make the determination available for inspection by the public.
(5)  If the Panel determines that the amendment is not a significant change to the environment protection policy, the Minister may –
(a) refuse to recommend to the Governor an amendment to the environment protection policy; or
(b) recommend to the Governor an amendment to the environment protection policy without following the procedure set out in sections 96G , 96H , 96I and 96J .
(6)  The Governor may amend an environment protection policy in accordance with a recommendation made under subsection (5)(b) , and fix a day on which it will take effect.
(7)  Section 96K does not apply to an amendment made under subsection (6) .
(8)  An amendment made under subsection (6) takes effect on the day specified in it or, if no day is specified, on the day on which its making is notified in the Gazette .
(9)  An amendment to an environment protection policy made under subsection (6) is not a statutory rule for the purposes of the Rules Publication Act 1953 .
(10)  The Acts Interpretation Act 1931 applies to the interpretation of an amendment to an environment protection policy as if the amendment were by-laws.
(11)  Any amendment of an environment protection policy that the Panel has determined is a significant change is to be made in accordance with sections 96G , 96H , 96I , 96J and 96K which apply in respect of the amendment as if it were the making of a new environment protection policy.