ENVIRONMENTAL PROTECTION ACT 1986 - SECT 44

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 44

44 .         Report by Authority on assessment of proposal

        (1)         If the Authority assesses a proposal, it must prepare a report on the outcome of its assessment of the proposal and give that report (the assessment report ) to the Minister.

        (2)         The assessment report must set out —

            (a)         what the Authority considers to be the key environmental factors identified in the course of the assessment; and

            (b)         the Authority’s recommendations as to whether or not the proposal may be implemented and, if it recommends that implementation be allowed, as to the conditions and procedures, if any, to which implementation should be subject.

        (2AA)         In considering key environmental factors and any recommendations that may be included in the assessment report the Authority may take into account other statutory decision-making processes that can mitigate the potential impacts of the proposal on the environment.

        (2a)         The Authority may, if it thinks fit, include other information, advice and recommendations in the assessment report.

        (2b)         Subject to subsection (2d), the assessment report may be given to the Minister at any time but, so far as is practicable, it must be given not later than 6 weeks after the Authority completes its assessment or reassessment of the proposal.

        (2c)         The Minister may, after consulting the Authority, direct the Authority to prepare the assessment report and give it to the Minister —

            (a)         within a specified period after the day on which —

                  (i)         the proposal was referred to the Authority under section 38; or

                  (ii)         a direction was given to the Authority under section 43(1),

                as the case requires; or

            (b)         before a specified date.

        (2d)         If a direction is given under subsection (2c) the Authority must give the assessment report to the Minister within the specified period or before the specified date.

        (3)         The Minister shall, as soon as the Minister is reasonably able to do so after receiving copies of the assessment report, simultaneously cause —

            (a)         that report to be published; and

            (b)         copies of that report to be given to —

                  (i)         any other Minister appearing to the Minister to be likely to be concerned in the outcome of the proposal to which that report relates; and

                  (ii)         each decision-making authority, if any, by which the proposal to which that report relates was referred to the Authority or which had been given notice under section 38G(1)(b)(iii) or (5) in relation to the proposal; and

                  (iii)         if the proposal to which that report relates was referred to the Authority by the proponent or another person, to the proponent or the other person.

        [Section 44 amended: No. 54 of 2003 s. 15; No. 40 of 2020 s. 27 and 111(1).]