Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 316PA

316PA Public interest evaluations

(1) The purpose of a public interest evaluation of a proposed non-use management area identified in a proposed PRCP schedule is to provide a recommendation about whether the approval of the area as a non-use management area is in the public interest.

Note—

See sections 49 (5A) and (5B) and 136A for when a public interest evaluation must be carried out.

(2) A public interest evaluation for a proposed PRCP schedule must include a consideration of the following matters—

(a) the benefit, including the significance of the benefit, to the community resulting from the mining activity or resource project the subject of the environmental authority application to which the PRCP schedule relates;

(b) any impacts, including long-term impacts for the environment or the community, that may reduce the benefit mentioned in paragraph (a) or have other negative impacts on the environment or community;

(c) whether there are any alternative options to approving the area as a non-use management area having regard to—

(i) the costs or other consequences of the alternative options; and

(ii) the impact of the costs or other consequences on the financial viability of the mining activity or resource project;

(d) whether the benefit to the community mentioned in paragraph (a) , weighed against the impacts mentioned in paragraph (b) , is likely to justify the approval of the non-use management area having regard to any alternative options mentioned in paragraph (c) ;

(e) another matter prescribed by regulation.

(3) Each matter mentioned in subsection (2) is a
"public interest consideration" .

(4) A regulation may prescribe the following in relation to the carrying out of a public interest evaluation—

(a) how the evaluation must be carried out;

(b) the matters to be considered in evaluating each public interest consideration.