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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51P

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51P

51P .         Relationship between clearing permits and approved policies

        (1)         In considering —

            (a)         an application for a clearing permit; or

            (b)         an amendment of a clearing permit,

                the CEO shall ensure that the clearing permit, or its amendment, is consistent with any approved policy.

        (2)         The CEO shall not amend or shall refuse to grant a clearing permit if the CEO considers that the associated effect on the environment would be inconsistent with any approved policy.

        (3)         Despite anything in this section —

            (a)         if the CEO is satisfied that, as a result of environmental circumstances having changed, the environment or an environmental value of the area concerned requires a higher level of protection than would be provided by the standards required by or under any approved policy, the CEO may grant or amend a clearing permit so as to make the permit subject to conditions which specify standards that are more stringent than those required by or under the approved policy;

            (b)         if the CEO is satisfied that, as a result of the approval under section 31(d) of a new approved policy or as a result of an approved policy as amended being confirmed under section 37, any condition to which an existing clearing permit is subject is inconsistent with that approved policy, the CEO may amend that permit to make it consistent with that approved policy.

        (4)         Without limiting section 51F(5) or 51KB(3), subsection (3) does not authorise the imposition of a condition that is contrary to, or not in accordance with, a Ministerial statement.

        [Section 51P inserted: No. 54 of 2003 s. 110(1); amended: No. 40 of 2020 s. 56.]