ENVIRONMENTAL PROTECTION ACT 1986 - SECT 48A
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 48A
48A . Authority to decide whether or not schemes to be assessed
(1) When a scheme is
referred to the Authority under the relevant scheme Act, the Authority shall,
if it considers that the scheme —
(a)
should not be assessed by it under this Division, so inform in writing the
responsible authority within 28 days after that referral, but may nevertheless
give advice and make recommendations to the responsible authority and any
other relevant person on the environmental issues raised by the scheme; or
(b)
should be assessed by it under this Division —
(i)
so inform in writing the responsible authority within 28
days after that referral and send within 60 days after that referral any
instructions issued by the Authority under section 48C(1)(a) concerning the
scope and content of an environmental review of the scheme; and
(ii)
assess under this Division changes in reservation and
zoning proposed by the scheme;
or
(c) is
by its nature incapable of being made environmentally acceptable, so inform in
writing the responsible authority and the Minister within 28 days after that
referral.
(2) On being informed
under subsection (1)(c), the Minister may —
(a)
under section 48E direct the Authority to assess the relevant scheme; or
(b) with
the agreement of the responsible Minister, advise —
(i)
the Authority; and
(ii)
the responsible authority,
[(iii) deleted]
that the responsible
authority cannot be informed under subsection (1)(a) and that a statement
cannot be delivered and published under section 48F(2).
(3) If the Minister
and the responsible Minister cannot agree on whether or not advice should be
given under subsection (2)(b), section 48J applies.
[Section 48A inserted: No. 23 of 1996 s. 20;
amended: No. 40 of 2020 s. 33.]