Page 6175 - Week 14 - Thursday, 9 December 2010

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Clause 9

Proposed new section 138AB (4A)

Page 5, line 26—

insert

(4A) A regulation may prescribe criteria that a relevant agency must take into account in considering whether a proposal is not likely to have a significant adverse environmental impact.

Clause 14

Proposed new section 211 (2) and (3)

Page 9, line 18—

omit proposed new section 211 (2) and (3), substitute

(2) An exemption must include—

(a) a statement of the reasons for exempting the development application; and

(b) a copy of the other study.

(3) A regulation must prescribe the criteria that the Minister must take into account in deciding whether the environmental impact of the development proposal has been sufficiently addressed by the other study.

(3A) An exemption is a notifiable instrument.

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

Proposed new clause 25A

Page 14, line 14—

insert

25A New sections 410A and 410B

insert

410A ACAT review—environmental significance opinions

(1) This section applies if, in relation to a development proposal—

(a) a relevant agency decides to give an environmental significance opinion under section 138AB (4) (a); and

(b) a development application for development approval for the development proposal has been made.

(2) An application for review of the relevant agency’s decision must be made not later than the end of the public consultation period for the development application.

Note Public consultation period, for a development application—see s 157.

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