Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 228

228 Assessment level decision for amendment application

(1) The administering authority must, after receiving an amendment application, decide whether the proposed amendment is a major or minor amendment—

(a) if the administering authority gives the applicant a notice under section 227AAB (2) —within 10 business days after the applicant gives the administering authority the notice mentioned in section 227AAB (2) (d) ; or

(b) otherwise—within 10 business days after receiving the amendment application.

(2) Despite section 223 , definition minor amendment (PRCP threshold) , paragraphs (e) and (f) , the administering authority may decide under subsection (1) that a proposed amendment changing the order of at least 2 of the days when rehabilitation of land to a stable condition will be achieved is a minor amendment if the administering authority is satisfied the applicant has—

(a) undertaken adequate consultation with the community in relation to the proposed amendment; and

(b) adequately addressed any matters raised by the community during consultation.

(3) The decision under subsection (1) is the
"assessment level decision" for the application.

(4) If the assessment level decision is that the amendment is a major amendment, the applicant must pay an assessment fee prescribed by regulation.