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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 136A

Administering authority must obtain report about public interest evaluation for particular applications

136A Administering authority must obtain report about public interest evaluation for particular applications

(1) This section applies if—
(a) the application stage for a site-specific application for a mining activity relating to a mining lease has ended; and
(b) there is a proposed PRC plan for the application that includes a proposed PRCP schedule identifying an area of land as a non-use management area under section 126D (2) (b) ; and
(c) either—
(i) a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has not been carried out for an EIS; or
(ii) a public interest evaluation by a qualified entity for the area of land mentioned in paragraph (b) has been carried out for an EIS and, since the evaluation was carried out, the proposed non-use management area has changed.
(2) The administering authority must, as soon as practicable after the later of the application stage ending or the proposed PRC plan being submitted, ask a qualified entity to—
(a) carry out a public interest evaluation for each area of land mentioned in subsection (1) (b) ; and
(b) give the administering authority a report about the evaluation that complies with section 316PB .
Note—
See section 167A (4) for when particular reports must be given to the administering authority under paragraph (b) .
(3) In this section—

"EIS" includes an EIS under the State Development Act .

"qualified entity" means an entity, other than the applicant, that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation.



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