ENVIRONMENTAL PROTECTION ACT 1986 - SECT 43

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 43

43 .         Minister may direct Authority as to assessing proposal

        (1)         The Minister may —

            (a)         if the Authority considers that a referred proposal should not be assessed by it under this Part; or

            (b)         during or after the assessment by the Authority of a proposal referred to it under that section,

                and after consulting the Authority, direct the Authority to assess that proposal, or to assess or re-assess that proposal more fully or more publicly or both, as the case requires, in accordance with that direction, and the Authority shall comply with that direction.

        (2)         Sections 38G(1), 39, 40(2) to (8), 41, 42 and 44 apply to the assessment or reassessment of a proposal under a direction given under subsection (1) as if that direction were a referral under section 38 of the proposal.

        (3)         A direction cannot be given under subsection (1) if a statement has been served under section 45(8)(a) or a notification has been given under section 45(13).

        (3A)         A direction can be given under subsection (1) even if the Minister has dismissed an appeal under section 100(1)(a) against a decision by the Authority that the proposal is not to be assessed.

        (4)         The Minister is to cause copies of the reasons for giving a direction under subsection (1) to be —

            (a)         given to the Authority; and

            (b)         published as soon as practicable after the direction is given.

        [Section 43 amended: No. 57 of 1997 s. 54(3); No. 54 of 2003 s. 13; No. 40 of 2020 s. 25.]