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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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