ENVIRONMENT PROTECTION ACT 2017 - SECT 182 Authority may accept proposed better environment plans

ENVIRONMENT PROTECTION ACT 2017 - SECT 182

    (1)     On receiving a submission that complies with section 181, the Authority must, within 30 business days after receiving the submission—

        (a)     accept the proposed better environment plan; or

        (b)     refuse to accept the proposal.

    (2)     When determining whether to accept a proposed better environment plan, the Authority must take into account—

        (a)     any guidelines issued under section 188; and

        (b)     any prescribed matter.

    (3)     The Authority may—

        (a)     require the person who made the submission to provide the Authority with information relating to the proposed better environment plan that the Authority considers necessary to determine whether to accept the proposed plan; and

        (b)     require the person who made the submission to provide that information within the time period specified in the request.

    (4)     If the Authority requires information under subsection (3), the time in which the Authority must deal with the submission does not include the period from the date that the Authority makes the request until the date on which the Authority receives the information.

    (5)     The Authority may accept a proposed better environment plan—

        (a)     if the Authority is satisfied that—

              (i)     the objectives of the proposed plan are consistent with the purposes set out in section 180; and

              (ii)     the implementation of the proposed plan is likely to deliver the objectives of the proposed plan; and

        (b)     subject to any conditions the Authority considers appropriate.

    (6)     The Authority must, as soon as practicable after making a decision whether or not to accept a proposed better environment plan, give the person who made the submission written notice stating—

        (a)     the decision; and

        (b)     in the case of a decision to refuse to accept the proposed plan, the reasons for the decision.

S. 183 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).