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s 61

Matters required to be taken into account for certain decisions under div 8.2

In force
Part 8Environmental authorisations
Division 8.2Grant, variation, cancellation and suspension

61 Matters required to be taken into account for certain decisions under div 8.2

In making a decision under section 49 (1), section 51, section 57 or section 60 (1), the authority must take into account—

(a)

the potential for the activity to cause environmental harm, including the likelihood over time of that potential changing or that harm being serious or material environmental harm; and

(b)

the environmental record of the applicant; and

(c)

any relevant environment protection policy; and

(d)

the actual or potential economic, social and cultural benefits that are being or would be derived from the activity; and

(e)

for a decision under section 60—

(i)

the environmental record of the applicant since the environmental authorisation was granted or last varied, as the case may be; and

(ii)

any submissions made in response to an invitation under section 62 (1) (c); and

(f)

if the activity relates to a function of the director-general under the Water Resources Act 2007—any advice of the director‑general in relation to the activity; and

Note The director-general’s functions under the Water Resources Act 2007 are set out in that Act, s 64.

(g)

any other matters that the authority considers relevant.

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Section 61 — Matters required to be taken into account for certain decisions under div 8.2 — Environment Protection Act 1997 (Australian Capital Territory) — Barrister AI