Environmental approval to prevail over other statutory authorisations
92 Environmental approval to prevail over other statutory authorisations
(1) An environmental approval has effect despite anything to the contrary in any other statutory authorisation.
(2) Despite anything to the contrary in any other Act, a statutory decision-maker must not make a decision in relation to a statutory authorisation (including an amendment to an authorisation) that is inconsistent with an environmental approval.
(3) A statutory authorisation granted before or after an environmental approval is of no effect to the extent that it is inconsistent with an environmental approval.
(4) Nothing in this section prevents a statutory decision-maker from refusing to grant a statutory authorisation on the basis of a potential economic, social, health or cultural impact.
(5) For this section, a statutory authorisation is not inconsistent with an environmental approval on the basis that the statutory authorisation includes conditions that:
are more stringent than the environmental approval; or
(b) address matters that are not included in the environmental approval.
This Act’s bill:Explanatory statementSecond reading speech
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