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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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