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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3920 ..

8J Section 49 (5) (b)

omit

granting or refusing

substitute

to prepare a proposed environmental authorisation or to refuse

8K Section 49 (5) (c)

substitute

(c) if the authority is satisfied that it is appropriate to grant an environmental authorisation for the activity, grant the authorisation for the period and subject to the conditions (if any) specified in the authorisation; or

Note In making a decision about whether it is appropriate to grant an environmental authorisation under section 49 (5) (c), the authority must take into account certain matters mentioned in s 61 (Matters required to be taken into account for certain decisions under div 8.2).

8L New sections 49A to 49C

insert

49A Consultation on proposed environmental authorisations

(1) If the authority has prepared a proposed environmental authorisation, the authority must prepare a written notice-

(a) containing a brief description of the prescribed activity and its location; and

(b) stating where copies of the proposed environmental authorisation and the relevant application under section 47 (the relevant application) may be inspected and obtained; and

(c) inviting anyone to make written suggestions or comments about the proposed environmental authorisation or the relevant application (or both) to the authority, at the place stated in the notice, within 40 working days after the day the notice is published in a daily newspaper (the consultation period).

(2) The notice is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

(3) The authority must also publish the notice in a daily newspaper.

(4) During the consultation period, the authority must make copies of the proposed environmental authorisation and the relevant application available in accordance with the notice.

(5) The Minister may, in writing, declare that this section does not apply to a prescribed activity.

(6) A declaration under subsection (5) is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

(7) The authority is not required to comply with subsections (1) to (4) in relation to a proposed environmental authorisation that relates to a prescribed activity stated in a declaration under subsection (5).

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