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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 755A
Application of requirement for public interest evaluation for application stage
755A Application of requirement for public interest evaluation for application
stage
(1) Section 136A does not apply for the assessment of a proposed PRC plan
under section 755(2), unless— (a) the PRCP schedule for the proposed PRC
plan identifies a non-use management area under section 126D(2)(b); and
(b)
the holder is required to comply with a requirement under section 126C(1)(g)
or (h) or 126D(2) or (3) for the proposed PRCP schedule in relation to land
because section 754(3) does not apply for the area.
(2) Subsection (3)
applies if— (a) a public interest evaluation is required for the assessment
of the proposed PRC plan; and
(b) the qualified entity carrying out the
evaluation considers an alternative option to approving the area as a non-use
management area under section 316PA(2)(c); and
(c) the financial viability of
the mining activity or resource project would be jeopardised if the
alternative option were implemented.
(3) The report for the public interest
evaluation under section 136A(2) must include a consideration of the stage of,
and the land outcome documents relating to, the mining activity or resource
project.
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