Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 176A

176A Criteria for decision—proposed PRCP schedule

(1) This section applies if there is a proposed PRC plan for a site-specific application.

(2) In deciding whether to approve the proposed PRCP schedule for the plan, the administering authority must—

(a) comply with any relevant regulatory requirement; and

(b) subject to paragraph (a) , have regard to each of the following—

(i) the site-specific application;

(ii) the proposed PRC plan;

(iii) any response given for an information request for the proposed PRC plan;

(iv) the standard criteria;

(v) the guidelines under section 550 ;

(vi) any relevant advice, report or guidance published by the rehabilitation commissioner under section 444K .

(3) The administering authority must not approve the proposed PRCP schedule unless—

(a) each proposed non-use management area under the schedule has been properly identified as a non-use management area; and

(b) if a public interest evaluation is required for a proposed non-use management area under the schedule—the report for the evaluation recommends it is in the public interest to approve the area as a non-use management area; and

(c) the administering authority is satisfied the schedule provides for all land the subject of the schedule to be—

(i) rehabilitated to a stable condition; or

(ii) managed as a non-use management area in a way that achieves best practice management of the area and minimises risks to the environment.