Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 49A

49A Proponent may resubmit EIS

(1) This section applies if—

(a) the chief executive decides, under section 49 , to refuse to allow the EIS to proceed, or to allow the EIS to proceed on conditions; and

(b) the EIS has not previously been resubmitted under this section.

(2) The proponent may resubmit, with changes, the EIS to the chief executive within—

(a) 3 months after the day notice of the decision is given to the proponent under section 49 (6) ; or

(b) if the chief executive and the proponent have, within the 3 months, agreed to a different period—the different period.

(3) The proponent may resubmit the EIS under subsection (2) only once.

(4) The resubmitted EIS must be accompanied by the fee prescribed by regulation.

(5) The following provisions apply to the resubmitted EIS as if a reference in the provision to an EIS or submitted EIS were a reference to the resubmitted EIS—

(a) section 48 ;

(b) section 49 .

(6) If the EIS is resubmitted because the chief executive decided to allow the EIS to proceed on conditions—

(a) without limiting section 49 (3) , the chief executive may allow the EIS to proceed only if the chief executive considers the conditions have been met; and

(b) the notice given under section 49 (6) must include the decision mentioned in paragraph (a) .