• Specific Year
    Any

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 45

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 45

45 .         Procedure for deciding if assessed proposal may be implemented

        (1)         This section applies after the Minister has caused a report to be published under section 44(3)(a).

        (2)         For the purposes of this section the Minister must determine which or whom of the decision-making authorities in relation to the assessed proposal the Minister considers to be a key decision-making authority.

        (3)         If the key decision-making authority, or one or more of the key decision-making authorities, is or are another Minister or other Ministers, the Minister must consult and, if possible, agree with that Minister or those Ministers on the implementation issues.

        (4)         If neither the key decision-making authority, nor any of the key decision-making authorities, as the case requires, is another Minister, the Minister must consult and, if possible, agree with that key decision-making authority or those key decision-making authorities on the implementation issues.

        (5)         If the Minister and the other Minister or Ministers referred to in subsection (3) cannot agree on an implementation issue, the Minister must refer the matter or matters in dispute to the Governor for decision, and the decision of the Governor on that matter or matters is final and without appeal.

        (6)         If the Minister and the decision-making authority or decision-making authorities referred to in subsection (4) cannot agree on an implementation issue, the Minister must appoint an appeals committee to consider and report to the Minister on the matter or matters in dispute.

        (7)         Sections 106, 107, 108, 109 and 110 apply to and in relation to a matter in respect of which the Minister has appointed an appeals committee under subsection (6) as if that matter were the subject of an appeal from a decision of the Minister.

        (8)         If the implementation agreement or decision is that the assessed proposal may be implemented, or may be implemented subject to implementation conditions, the Minister must within 30 days of the agreement or decision being made —

            (a)         cause copies of a statement setting out the implementation agreement or decision to be served on —

                  (i)         the Authority; and

                  (ii)         each key decision-making authority and any other decision-making authority to which or whom notice of the Authority’s decision to assess the proposal was given under section 38G(1)(b)(iii) or (5); and

                  (iii)         the proponent of the assessed proposal; and

                  (iv)         the person who referred the assessed proposal (if it was not referred by a person referred to in subparagraph (ii) or (iii));

                and

            (b)         cause the statement to be published as soon as is practicable after it is served under paragraph (a).

        (9)         Section 45A sets out some kinds of implementation conditions that may be agreed or decided in relation to the assessed proposal, but nothing in that section prevents any other implementation condition from being agreed or decided.

        (10)         Despite anything in this section —

            (a)         an implementation issue cannot be agreed or decided under this section during the period of 21 days referred to in section 100(3a)(b); and

            (b)         if an appeal is lodged under section 100(1)(d) in respect of the report mentioned in subsection (1) —

                  (i)         an implementation issue cannot be agreed or decided under this section while the appeal is pending; and

                  (ii)         if the decision on the appeal is to remit the assessed proposal to the Authority for further assessment or reassessment — an implementation issue cannot be agreed or decided under this section before the report on that further assessment or reassessment has been published under section 44(3)(a).

        (11)         Subsection (12) applies if —

            (a)         a statement has been published under subsection (8)(b) in relation to the assessed proposal; and

            (b)         the Minister is satisfied that there is no reason why the assessed proposal should not be implemented.

        (12)         As soon as this subsection applies, the Minister may cause to be served on the decision-making authority precluded by section 41 from making a DMA decision an authority in writing permitting a DMA decision to be made.

        (13)         If the implementation agreement or decision is that the assessed proposal may not be implemented, the Minister must within 30 days of the agreement or decision being made give written notice of the implementation agreement or decision to —

            (a)         the Authority; and

            (b)         each key decision-making authority and any other decision-making authority to which or whom notice of the Authority’s decision to assess the proposal was given under section 38G(1)(b)(iii) or (5); and

            (c)         the proponent of the assessed proposal; and

            (d)         the person who referred the assessed proposal (if it was not referred by a person referred to in paragraph (b) or (c)).

        (14)         If notice is given under subsection (13) of an implementation agreement or decision for a significant amendment of an approved proposal, that implementation agreement or decision does not affect the implementation of the approved proposal.

        [Section 45 inserted: No. 40 of 2020 s. 28.]