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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 755
Administering authority must assess proposed PRC plan
755 Administering authority must assess proposed PRC plan
(1) The administering authority must assess a proposed PRC plan given to the
authority in compliance with a notice given under section 754.
(2) The
assessment process under chapter 5, parts 2 to 5 of the amended Act apply in
relation to the proposed PRC plan as if the PRC plan accompanied an
application for an environmental authority for a relevant activity made under
section 125(1)(n).
(3) However, for applying the assessment process under
subsection (2)— (a) the periods mentioned in sections 144(a)(ii), 168(1)(b)
and 194(2)(a)(ii) are taken to apply to the administering authority for the
assessment process; and
(b) the submission period mentioned in section 154 is
taken to be the period, of at least 20 business days after the giving and
publishing of the application notice for the PRC plan under section 152,
decided by the administering authority; and
(c) the application stage and
notification stage apply subject to sections 755A and 755B.
(4) If a
requirement for the proposed PRCP schedule does not apply to the holder under
section 754(3), section 176A(3) does not apply in relation to the
administering authority in deciding whether to approve the schedule to the
extent the requirement does not apply to the holder.
(6) In addition to the
matters the administering authority must consider in deciding whether to
approve the PRCP schedule for the proposed PRC plan under sections 176A and
194B, the authority must also have regard to— (a) each land outcome document
for land to which the proposed PRC plan relates; and
(b) to the extent
possible, the matters the administering authority would have had regard to if
the proposed PRC plan had accompanied an application for the holder’s
environmental authority.
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