Queensland Consolidated Acts

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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 173

When particular applications must be refused

173 When particular applications must be refused

(1) The administering authority must refuse an application if the applicant is not a registered suitable operator.
(2) Subsection (3) applies to a development application if, under section 115 , the application is taken to also be an application for an environmental authority and either of the following applies—
(a) the administering authority or planning chief executive is a referral agency for the development application and directs the assessment manager for the application to—
(i) refuse the application; or
(ii) give any development approval only as a preliminary approval;
(b) the administering authority or planning chief executive is the assessment manager for the development application and decides to—
(i) refuse the application; or
(ii) give a preliminary approval even though the development application sought a development permit.
(3) The administering authority must refuse the application for an environmental authority.
(4) This section applies despite sections 170 , 171 and 172 .
(5) In this section—

"preliminary approval" means a preliminary approval under the Planning Act .



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