Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 238

238 Effect on assessment of amendment application—other changes

(1) Subsections (2) to (5) apply to a changed amendment application if—

(a) the change is not a minor change; and

(b) the administering authority has not given its written agreement to the change.

(2) The assessment of the application under parts 3 to 5 , as applied under section 232 (1) , stops on the day notice of the change is received.

(3) If the information stage applies to the changed application—

(a) the administering authority may, within 10 business days after notice of the change is received, ask the applicant to give further information needed to assess the application; and

(b) a request under paragraph (a) is taken to be an information request under section 140 , as applied under section 232 ; and

(c) if no information request is made under paragraph (a) —the information stage for the changed application is taken to have ended; and

(d) if the notification stage also applies to the changed application—the applicant may start the notification stage the day notice of the change is given.

(4) If the information stage does not apply to the changed application, but the notification stage applies, the assessment of the application restarts from section 152 .

(5) If neither the information stage nor the notification stage apply to the changed application, the assessment of the application restarts from the start of the decision stage.

(6) Subsection (7) applies to a changed application if—

(a) the assessment of the application has stopped under subsection (2) ; and

(b) the notification stage applied to the original application; and

(c) the change was made during the notification stage or after the notification stage ended.

(7) The notification stage must be repeated unless the administering authority is satisfied the change would not be likely to attract a submission objecting to the thing the subject of the change, if the notification stage were to apply to the change.