Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 56A

56A Assessment of adequacy of response to submission and submitted EIS

(1) This section applies if—

(a) a submission is accepted by the chief executive under section 55 ; or

(b) a public interest evaluation is carried out for a proposed non-use management area for the project.

(2) The chief executive must, within 20 business days after the relevant period under section 56 —

(a) consider the submitted EIS and the documents given under section 56 (2) ; and

(b) decide whether to allow the submitted EIS to proceed under divisions 5 and 6 .

(3) The period may be extended if, at any time before the decision is made, the proponent has agreed in writing to the extension.

(4) The chief executive may allow the submitted EIS to proceed only if the chief executive considers—

(a) the proponent’s response to the submission, and any report about a public interest evaluation, is adequate; and

(b) the submitted EIS is consistent with the recommendations made in any report about a public interest evaluation; and

(c) the proponent has made all appropriate amendments to the submitted EIS because of the submission and any report about a public interest evaluation.

(4A) The chief executive must refuse to allow the submitted EIS to proceed if, having regard to the submitted EIS—

(a) the chief executive is satisfied it is unlikely the project could proceed under this Act or another law, including, for example, because the project—

(i) would contravene a law of the Commonwealth or the State; or

(ii) would give rise to an unacceptable risk of serous or material environmental harm; or

(iii) would have an unacceptable adverse impact on a matter of State environmental significance or a matter of national environmental significance; or

(iv) would have an unacceptable adverse impact on an area of cultural heritage significance; or

(b) the chief executive is required to refuse to allow the submitted EIS to proceed under a regulatory requirement.

(5) The chief executive must, within 10 business days after the decision is made, give the proponent written notice of the decision.

(6) If the decision is to refuse to allow the submitted EIS to proceed, the chief executive must give the proponent an information notice for the decision that also states—

(a) if the proponent has not previously resubmitted the EIS under section 56AA —that the proponent may resubmit the EIS under that section; or

(b) if the proponent has previously resubmitted the EIS under section 56AA —that the proponent can not further resubmit the EIS under that section.