ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51F

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51F

51F .         Effect of referred proposal on decisions about clearing

        (1)         In this section —

        clearing decision means —

            (a)         a decision under section 51DA(3) as to whether or not a clearing permit is needed for proposed clearing; or

            (b)         a decision under section 51E(5) to grant or refuse to grant a clearing permit for proposed clearing.

        (2)         For the purposes of this section, proposed clearing is related to a referred proposal if the clearing, while not part of the referred proposal, is connected or associated with it in such a way that the clearing would not need to be done if the implementation of the referred proposal did not proceed.

        (3)         Despite subsection (2), clearing that is proposed so that tests, surveys, investigations or other work —

            (a)         can be done to comply with a requirement made under section 40(2)(a), (aa) or (b); or

            (b)         can be done under section 40(2a),

                for the purposes of assessing a referred proposal is not related to the referred proposal for the purposes of this section.

        (4)         While any decision-making authority is precluded by section 41 from making a decision that could have the effect of causing or allowing a referred proposal to be implemented, the CEO must not make a clearing decision concerning proposed clearing that is related to the referred proposal.

        (5)         The CEO must not make a clearing decision concerning proposed clearing that is related to a referred proposal if the decision is contrary to, or otherwise than in accordance with, a Ministerial statement.

        (6)         Subsections (4) and (5) do not apply if the proposed clearing is for the purpose of doing minor or preliminary work to which the Authority has consented under section 41A(3).

        (7)         If a decision-making authority makes a decision that has the effect of preventing the implementation of a proposal to which proposed clearing is related, the CEO does not have to make a clearing decision concerning the proposed clearing while the decision-making authority’s decision has effect.

        [Section 51F inserted: No. 40 of 2020 s. 46.]