ENVIRONMENTAL PROTECTION ACT 1986 - SECT 45B

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 45B

45B .         Implementation of derived proposal

        (1)         In this section —

        section 38E declaration means a declaration under section 38E that a proposal is a derived proposal.

        (2)         Subject to subsection (3), when the Minister is notified under section 38E(6)(b) of a section 38E declaration, the previous Ministerial statement relating to the derived proposal takes effect and the Minister must cause written notice of the taking effect of the Ministerial statement to be served on —

            (a)         the Authority; and

            (b)         each decision-making authority that received the Ministerial statement under section 45(8)(a)(ii); and

            (c)         the proponent of the derived proposal; and

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

        (3)         If the previous Ministerial statement relating to the derived proposal included implementation conditions relating generally to 2 or more future proposals, the Minister may, in the notice under subsection (2), specify which of those implementation conditions apply to the derived proposal and, subject to sections 46 and 46A, the conditions and procedures so specified are the implementation conditions relating to the derived proposal.

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