PLANNING AND DEVELOPMENT ACT 2005 - SECT 82

PLANNING AND DEVELOPMENT ACT 2005 - SECT 82

82 .         Environmental review, when required etc.

        (1)         When the EPA has acted under section 48C(1)(a) of the EP Act in relation to a proposed local planning scheme or a proposed amendment to a local planning scheme referred to the EPA under section 81, the local government concerned, if it wishes to proceed with that local planning scheme or amendment, is to undertake, or cause under subsection (5) to be undertaken, an environmental review of that local planning scheme or amendment in accordance with the relevant instructions issued under that section.

        (2)         The local government is not to advertise that local planning scheme or amendment under section 84 until —

            (a)         the local government has forwarded the environmental review to the EPA; and

            (b)         the EPA has advised that that review has been undertaken in accordance with those instructions, or 30 days have elapsed since that forwarding without the EPA having advised whether or not that review has been undertaken in accordance with those instructions, whichever first occurs.

        (3)         If the EPA has advised that the review has not been undertaken in accordance with the relevant instructions issued under section 48C(1)(a) of the EP Act, the local government may —

            (a)         comply with subsection (1) in respect of the local planning scheme or amendment concerned; or

            (b)         request the Minister to consult the Minister for the Environment and, if possible, agree with that Minister on whether or not the review has been undertaken in accordance with those instructions.

        (4)         If the Minister, having complied with a request made under subsection (3), and the Minister for the Environment —

            (a)         agree on whether or not the review has been undertaken in accordance with the relevant instructions, their decision is final and without appeal or review; or

            (b)         cannot so agree, section 48J of the EP Act applies.

        (5)         If —

            (a)         the resolution to prepare or adopt a local planning scheme, or an amendment to a local planning scheme, referred to in subsection (1) was passed at the request of the owner of land to which that local planning scheme or amendment relates; and

            (b)         the local government referred to in that subsection by written notice served on that owner requests the owner to undertake an environmental review of that local planning scheme or amendment in accordance with the relevant instructions issued under section 48C(1)(a) of the EP Act; and

            (c)         that owner wishes that local planning scheme or amendment to proceed,

                the owner is to undertake the environmental review and forward that review to that local government.

        (6)         The local government may, in accordance with regulations made under section 259, recover the expenses incurred by the local government in undertaking an environmental review in accordance with instructions issued under section 48C(1)(a) of the EP Act.

        [Section 82 amended: No. 26 of 2020 s. 46.]