Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 316PC

316PC Review of report

(1) This section applies if—

(a) an entity is notified under section 316PB (5) (b) that a report (the
"original report" ) has been received; and

(b) the entity—

(i) has justifiable doubts about the impartiality or independence of the qualified entity who gave the original report; or

(ii) reasonably believes the qualified entity has made a substantive error in carrying out the public interest evaluation that affects a recommendation made in the original report.

(2) The entity may, within 15 business days after being notified about the original report, ask the chief executive to arrange for another qualified entity to review the original report.

(3) If the chief executive receives a request under subsection (2) , the chief executive must ask another entity (the
"reviewing entity" ) to review the original report.

(4) The reviewing entity must be—

(a) an entity that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation; and

(b) if the original report is—

(i) a report mentioned in section 316PB (1) (a) —an entity other than the proponent for the EIS; or

(ii) a report mentioned in section 316PB (1) (b) —an entity other than the applicant.

(5) After reviewing the original report, the reviewing entity must, within 6 months after the chief executive makes the request under subsection (3) —

(a) decide to—

(i) confirm each recommendation made in the original report; or

(ii) substitute 1 or more recommendations made in the original report; and

(b) give written notice of the decision to—

(i) the chief executive; and

(ii) the entity who asked for the review under subsection (2) .

(6) The written notice must include reasons for the reviewing entity’s decision under subsection (5) (a) .

(7) The chief executive must, within 5 business days after receiving the notice—

(a) ensure the administering authority notes the decision on the register kept under section 540 ; and

(b) notify the following entities about the reviewing entity’s decision—

(i) for a report mentioned in section 316PB (1) (a) —the proponent for the EIS;

(ii) for a report mentioned in section 316PB (1) (b) —the applicant;

(iii) each entity who made a submission to the chief executive about the EIS under section 54 or the administering authority about the application under section 160 .