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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 54U
Conditions
54U Conditions
(1) This section applies if the Coordinator-General decides to approve the
undertaking of the coordinated project in relation to a specified provision.
(2) The Coordinator-General may decide to impose a condition in relation to
the specified provision if satisfied the condition is necessary or convenient
to— (a) protect an environmental matter protected by the provision (whether
or not the protection is from the impact of the coordinated project); or
(b)
repair or mitigate damage to an environmental matter protected by the
provision (whether or not the damage has been, will be or is likely to be
caused by the coordinated project).
(3) A condition may, for example, require
1 or more of the following— (a) an environmental offset as mentioned in the
bilateral agreement;
(b) a stated amount to be paid to a stated person for
the purpose of activities related to protecting, or repairing or mitigating
damage to, an environmental matter protected by the specified provision;
(c)
an environmental audit of the coordinated project to be carried out
periodically by a person who is independent of the project;
(d) the
preparation and implementation of a plan to manage the impacts of the
coordinated project on the environmental matters protected by the specified
provision;
(e) stated environmental monitoring or testing to be carried out;
(f) compliance with a stated industry standard or code of practice.
(4)
However, the Coordinator-General may only impose a condition on an
environmental approval for a coordinated project that is not reasonably
related to the project if the proponent consents to the condition being
imposed.
(5) The proponent may not withdraw consent to the imposition of a
condition under subsection (4) after the condition has been imposed on the
environmental approval.
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