ENVIRONMENTAL PROTECTION ACT 1986 - SECT 54
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 54
54 . Works approvals, applying for, granting, refusing etc.
(1) An application for
a works approval shall be —
(a) made
in the form and in the manner approved by the CEO; and
(b)
accompanied by such fee as is prescribed by or determined under the
regulations; and
(c)
supported by such plans, specifications and other documents and information,
including a summary thereof, as the CEO requires.
(2) On receiving an
application made under subsection (1), the CEO shall —
(a) if
that application does not comply with that subsection, decline to deal with
that application and advise the applicant accordingly; or
(b) if
that application complies with that subsection, advise the applicant that his
application has been received and seek comments thereon from any public
authority or person which or who has, in the opinion of the CEO, a direct
interest in the subject matter of that application.
(2a) As well as
seeking comments under subsection (2)(b) the CEO is to advertise the
application in the prescribed manner, inviting any person who wishes to
comment on it to do so within such period as is specified in the
advertisement.
(3) Subject to
subsections (4) and (5), the CEO shall, after having taken into account any
comments received from any public authority or person from which or whom
comments were sought under subsection (2)(b) or (2a) and subject to section 60
—
(a)
grant a works approval subject to such of the conditions referred to in
section 62 as the CEO specifies in the works approval; or
(b)
refuse to grant a works approval.
(3a) The CEO is to
give the applicant written notice of the refusal to grant a works approval.
(4) If an application
for a works approval made under subsection (1) is related to a proposal which
has been referred to the Authority under section 38, the CEO shall not perform
any duty imposed on him by subsection (3) —
(a)
while any decision-making authority is precluded by section 41 from making any
decision which could have the effect of causing or allowing that proposal to
be implemented; or
(b)
contrary to, or otherwise than in accordance with, an implementation agreement
or decision.
(5A) Subsection (4)
does not apply if the application is for a works approval for the purpose of
doing minor or preliminary work to which the Authority has consented under
section 41A(3).
(5) If a
decision-making authority makes a decision that has the effect of preventing
the implementation of a proposal to which an application for a works approval
made under subsection (1) is related, the CEO does not have to perform any
duty imposed under subsection (3) while that decision has effect.
[Section 54 amended: No. 54 of 2003 s. 72 and
140(2); No. 40 of 2010 s. 16.]