ENVIRONMENTAL PROTECTION ACT 1986 - SECT 41A

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 41A

41A .         Proposal not to be implemented before action under s. 45 taken

        (1)         If a decision of the Authority that a proposal is to be assessed has been set out in the public record under section 39, a person who does anything to implement the proposal before a statement is published under section 45(8)(b) or a notification is given under section 45(13) commits an offence.

        (2)         Subsection (1) applies even if the assessment of the proposal has been terminated under section 40A and applies as if the references to section 45(8)(b) and (13) were references to the application of those provisions to any new proposal referred to the Authority under section 38 in place of the terminated proposal.

        (3)         Subsection (1) does not apply to minor or preliminary work done with the Authority’s consent.

        [Section 41A inserted: No. 54 of 2003 s. 12; amended: No. 40 of 2020 s. 23.]