ENVIRONMENTAL PROTECTION ACT 1986 - SECT 38

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 38

38 .         Referral of proposals

        (1)         The proponent of a significant proposal, or any other person, may refer the proposal to the Authority.

        (2)         In the case of a proposal under an assessed scheme, only the proponent can refer the proposal to the Authority under subsection (1).

        (3)         If it appears to the Minister that there is public concern about the likely effect of a proposal, if implemented, on the environment, the Minister may refer the proposal to the Authority.

        (4)         A decision-making authority must refer a proposal to the Authority as soon as it has notice of the proposal if the proposal appears to it to be —

            (a)         a significant proposal; or

            (b)         a proposal of a prescribed class.

        (5)         Subsection (4) does not apply if the proposal has been referred to the Authority under subsection (1) or (3).

        (6)         In the case of a proposal under an assessed scheme, the application of subsection (4)(a) is subject to section 48I.

        (7)         The proponent of a strategic proposal may refer the proposal to the Authority.

        [Section 38 inserted: No. 40 of 2020 s. 15.]