ENVIRONMENTAL PROTECTION ACT 1986 - SECT 38A

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 38A

38A .         Calling in a proposal

        (1)         If a proposal has not been referred to the Authority under section 38, the Authority must require the proponent or a decision-making authority to refer the proposal to the Authority if the Authority considers that the proposal is —

            (a)         a significant proposal; or

            (b)         a proposal of a prescribed class.

        (2)         A requirement under subsection (1) must be in writing and must specify the period within which it has to be complied with.

        (3)         A proponent or decision-making authority that is required under subsection (1) to refer a proposal to the Authority must do so within the period specified in the requirement.

        (4)         In the case of a proposal under an assessed scheme, the Authority can only require the referral of the proposal if it did not, when it assessed the assessed scheme under Division 3, have sufficient scientific or technical information to enable it to assess the environmental issues raised by the proposal.

        (5)         A requirement under subsection (1) has effect despite section 48I(2).

        (6)         A proposal referred to the Authority under subsection (3) is taken to have been referred to the Authority under section 38.

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