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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3921 ..

49B Consideration of suggestions and comments

(1) The authority must consider the suggestions and comments made to it during the consultation period about the proposed environmental authorisation and the relevant application.

(2) In this section:

consultation period-see section 49A (1).

relevant application-see section 49A (1).

49C Grant of environmental authorisations

(1) If the authority-

(a) is not required to comply with section 49A in relation to a proposed environmental authorisation for an activity; and

(b) is satisfied that it is appropriate to grant an environmental authorisation for the activity;

the authority must grant the authorisation for the period and subject to the conditions (if any) specified in the authorisation.

(2) If the authority-

(a) is required to comply with section 49A in relation to a proposed environmental authorisation for an activity; and

(b) has complied with sections 49A and 49B in relation to the proposed authorisation; and

(c) is satisfied that it is appropriate to grant an environmental authorisation for the activity;

the authority must grant the authorisation for the period and subject to the conditions (if any) specified in the authorisation.

(3) The authority may only grant an environmental authorisation in relation to a development if an application to conduct that development has been approved under the Land Act, part 4.

Note In making a decision about whether it is appropriate to grant an environmental authorisation under this section, 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).

(4) To remove any doubt, this section does not apply to the granting of an environmental authorisation under section 49 (5).

8M Notification of grant

Section 50 (1)

substitute

(1) The authority must tell the applicant in writing of its decision to grant an environmental authorisation under section 49C.

13

Clause 9

Page 3, line 19-

Omit the clause, substitute the following clause:

9 New section 50 (7) to (9)

insert

(7) However, if a declaration under subsection (8) is made in relation to an environmental authorisation, the following do not apply in relation to the authorisation:

(a) subsection (5);

(b) the requirement under subsection (6) to publish the notice in a daily newspaper.

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