ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51E

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51E

51E .         How applications for clearing permits are made and dealt with

        (1)         An application for a clearing permit must —

            (a)         be made in the form and in the manner approved by the CEO; and

            (b)         indicate whether it relates to —

                  (i)         the clearing of a particular area specified in the application; or

                  (ii)         the clearing of different areas from time to time for a purpose specified in the application;

                and

            (c)         be accompanied by the fee prescribed by or determined under the regulations; and

            (d)         contain or be accompanied by any information required as indicated in the form or in material accompanying the form.

        (1A)         If the CEO requires further information to determine the application, the CEO may, by written notice given to the applicant, require the applicant to give the CEO further specified information within a specified time.

        (2)         An application for a clearing permit can only be made —

            (a)         if it relates to clearing referred to in subsection (1)(b)(i) —

                  (i)         by the owner of the land on which the clearing is proposed to be done or a person acting on the owner’s behalf; or

                  (ii)         by a person who satisfies the CEO that the person is likely to become the owner of the land on which the clearing is proposed to be done;

                or

            (b)         if it relates to clearing referred to in subsection (1)(b)(ii), by the person by or on whose behalf the clearing is to be done.

        (3)         If an application does not comply with subsections (1) and (2), or further information is not provided in accordance with subsection (1A), the CEO must decline to deal with the application and advise the applicant accordingly.

        (4)         If, under subsection (3), the CEO declines to deal with the application, the CEO does not have to perform any function under any of subsections (4A) to (12) in relation to the application.

        (4A)         The CEO must invite comments on the application within a period specified by the CEO from any public authority or person which or who has, in the opinion of the CEO, a direct interest in the subject matter of the application.

        (4B)         The CEO must publish —

            (a)         the application; and

            (b)         the information mentioned in subsection (1)(d).

        (4C)         When publishing the application and information under subsection (4B) the CEO must —

            (a)         invite any person who wishes to comment on the application and information to do so; and

            (b)         specify the period within which comments can be made.

        (5)         The CEO must, subject to this Division —

            (a)         grant a clearing permit subject to such of the conditions referred to in section 51H as the CEO specifies in the permit; or

            (b)         refuse to grant a clearing permit.

        (5A)         In determining whether to grant a clearing permit and the conditions to which the clearing permit is to be subject, the CEO must take into account any comments made pursuant to an invitation under subsection (4A) or (4C) in respect of the application.

        (6)         The CEO must give the applicant written notice of the refusal to grant a clearing permit.

        (7)         If a clearing permit relates to clearing referred to in subsection (1)(b)(i), it —

            (a)         may be granted under subsection (5) for all or some of the clearing applied for; and

            (b)         is to describe the boundaries of the area that may be cleared; and

            (c)         is referred to for the purposes of this Division as an area permit .

        (8)         If a clearing permit relates to clearing referred to in subsection (1)(b)(ii), it —

            (a)         is to describe the purpose for which the clearing may be done; and

            (b)         is to describe the principles and criteria that are to be applied, and the strategies and procedures that are to be followed, in relation to the clearing; and

            (c)         is referred to for the purposes of this Division as a purpose permit .

        (9)         In the case of an application made under subsection (2)(a)(ii), the CEO may, under subsection (5)(a), give the applicant a written undertaking that if the person becomes the owner of the land on which the clearing is proposed to be done, the CEO will, subject to subsection (10), grant a clearing permit to the applicant subject to such of the conditions referred to in section 51H as the CEO specifies in the undertaking.

        (10)         A clearing permit cannot be granted pursuant to an undertaking mentioned in subsection (9) unless —

            (a)         the applicant becomes the owner of the land on or before such day as is specified in the undertaking; and

            (b)         the CEO has been notified in writing that the applicant has become the owner of the land.

        (10A)         The CEO must publish notice of —

            (a)         the grant of a clearing permit; or

            (b)         a refusal to grant a clearing permit.

        (11)         A reference in subsection (5), (5A), (6), (7)(a) or (10A) or in section 51P(2) or 101A to granting or refusing to grant a clearing permit includes a reference to giving or refusing to give an undertaking mentioned in subsection (9).

        (12)         A reference in section 101A to the specification of a condition in a clearing permit includes a reference to the specification of a condition in an undertaking mentioned in subsection (9).

        [Section 51E inserted: No. 54 of 2003 s. 110(1); amended: No. 40 of 2020 s. 45.]