ENVIRONMENTAL PROTECTION ACT 1986 - SECT 57

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 57

57 .         Licences, applying for, granting, refusing etc.

        (1)         An application for a licence 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 —

                  (i)         does not comply with that subsection; or

                  (ii)         relates to a matter in respect of which a works approval —

                        (A)         has been granted and, in the opinion of the CEO, the works concerned have not been completed satisfactorily in accordance with the conditions to which the works approval is subject (to the extent to which that completion and those conditions are relevant to that application); or

                        (B)         is required to be, and has not been, granted and the works concerned have not been completed,

                decline to deal with that application and advise the applicant accordingly; or

            (b)         if that application complies with that subsection and does not relate to a matter referred to in paragraph (a)(ii), advise the applicant that that application has been received and seek comments thereon from —

                  (i)         any public authority or person which or who in the opinion of the CEO has a direct interest in the subject matter of that application; and

                  (ii)         in the case of an application for a licence for the discharge of waste into a designated area, a person nominated by the Minister (Water Resources).

        (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)         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)         in the case of an application for a licence made under subsection (1) relating to a matter in respect of which a works approval has not been granted and subject to subsection (4) —

                  (i)         grant a licence subject to such of the conditions referred to in section 62 as the CEO specifies in the licence; or

                  (ii)         refuse to grant the licence;

                or

            (b)         in the case of an application for a licence made under subsection (1) relating to a matter in respect of which a works approval has been granted —

                  (i)         if, in the opinion of the CEO, the works concerned have been completed in accordance with the conditions to which the works approval is subject, grant the licence subject to such of the conditions referred to in section 62 as are not inconsistent with any conditions to which the works approval is for the time being subject and as are specified by the CEO in the licence; or

                  (ii)         refuse to grant the licence.

        (3a)         The CEO is to give the applicant written notice of the refusal to grant a licence.

        (4)         If an application for a licence made under subsection (1) is related to a proposal which has been referred to the Authority under section 38, the CEO shall not perform the 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.

        (4AA)         Subsection (4) does not apply if the application is for a licence for the purpose of doing minor or preliminary work to which the Authority has consented under section 41A(3).

        (4a)         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 licence made under subsection (1) is related, the CEO does not have to perform any duty imposed under subsection (3) while that decision has effect.

        (5)         In this section —

        designated area means —

            (a)         catchment area or water reserve constituted under the Country Areas Water Supply Act 1947 or the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 ; or

            (b)         Underground Water Pollution Control Area constituted under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 ; or

            (c)         watercourse or wetland to and in relation to which Division 1B of Part III of the Rights in Water and Irrigation Act 1914 applies; or

            (d)         proclaimed area declared under section 26B, or irrigation district constituted under section 28, of the Rights in Water and Irrigation Act 1914 ;

        Minister (Water Resources) means the Minister administering the Water Agencies (Powers) Act 1984 .

        [Section 57 amended: No. 73 of 1995 s. 188; No. 49 of 2000 s. 84; No. 54 of 2003 s. 75 and 140(2); No. 38 of 2007 s. 194; No. 40 of 2010 s. 17; No. 25 of 2012 s. 211.]