ENVIRONMENT PROTECTION REGULATIONS 2021 (SR NO 47 OF 2021) - REG 22 Referral of development licence applications to prescribed agencies

ENVIRONMENT PROTECTION REGULATIONS 2021 (SR NO 47 OF 2021) - REG 22

    (1)     For the purposes of section 69(2) of the Act, the following agencies are prescribed—

        (a)     in the case of an application to conduct extractive industry or mining activities, the Minister administering the Mineral Resources (Sustainable Development) Act 1990 ;

        (b)     in the case of an application relating to an activity that is to be engaged in within one or more municipal districts, any responsible authority within the meaning of the Planning and Environment Act 1987 ;

        (c)     in the case of a significant development licence application, the Secretary to the Department of Health;

        (d)     any agency to which the Authority considers it appropriate in the circumstances to refer the application for comment.

    (2)     If the Minister administering the Mineral Resources (Sustainable Development) Act 1990 is referred an application under section 69(2) of the Act, the Minister must advise the Authority, within 15 business days after the referral—

        (a)     whether the proposed activity that is the subject of the application is prohibited by the planning scheme for the area in which that activity is to be engaged in; and

        (b)     if so, whether an amendment to the planning scheme is to be prepared to allow the activity in the area.

    (3)     If a responsible authority is referred an application under section 69(2) of the Act, the responsible authority—

        (a)     must advise the Authority in writing, within 15 business days after the referral, whether any of the following apply to the activity that is the subject of the application—

              (i)     the activity is allowed by the planning scheme with or without conditions or prohibited by the planning scheme;

              (ii)     a permit under the Planning and Environment Act 1987 for the activity is required, has been issued or is being considered; and

        (b)     may provide written comments to the Authority, within 32 business days after the referral, stating whether the responsible authority—

              (i)     supports, does not object to or objects to the application; and

              (ii)     recommends that the Authority issue the development licence subject to any specific conditions the responsible authority considers appropriate.

    (4)     If the Secretary to the Department of Health is referred an application under section 69(2) of the Act, the Secretary, within 15 business days after the referral, may provide written comments to the Authority that include any objections or recommendations the Secretary has in relation to the application.

    (5)     For the purposes of section 69(4)(c) of the Act, the following are prescribed circumstances—

        (a)     the proposed activity that is the subject of the application is prohibited by a planning scheme, unless the Authority has been advised under subregulation (2)(b) that an amendment to the planning scheme is to be prepared;

        (b)     the Secretary to the Department of Health provides written comments under subregulation (4) objecting to the issue of the development licence on the ground that public health is likely to be endangered if the development licence is issued.