Matters to be considered in granting approvals and licences
32 Matters to be considered in granting approvals and licences
(1) In determining whether to grant an environment protection approval, environment protection licence or best practice licence, the NT EPA must have regard to:
the objectives of this Act;
all relevant environment protection objectives;
a relevant compliance plan or performance agreement;
the siting, design and layout of the premises;
the sensitivity of the surrounding land use and environment;
(g) the results of an environmental audit, if any, submitted as required under section 48 or 49; and
(h) best practice environmental management for the particular activity specified in Schedule 2 to which it is intended the approval or licence is to relate.
(1A) If an activity or a proposed activity is required to be referred to the NT EPA under Part 4, Division 3 of the Environment Protection Act 2019, the NT EPA must not grant an environment protection approval or an environment protection licence or a best practice licence in relation to that activity or proposed activity unless:
(a) the NT EPA has determined that an environmental impact assessment is not required under that Act for that activity; or
(b) if the NT EPA has determined that an environmental impact assessment is required – an environmental approval has been granted under that Act for that activity; or
(c) the Environment Protection Act 2019 otherwise permits the granting of the environment protection approval or environment protection licence or best practice licence.
(2) The NT EPA must, before granting an environment protection approval, environment protection licence or best practice licence, consult with and have regard to the requirements of or comments from:
(a) all Agencies that, in the opinion of the NT EPA, have functions in relation to waste management or pollution that are relevant to the application;
(b) all prescribed persons, offices and bodies that have functions in relation to waste management or pollution that are relevant to the application; and
any other persons the NT EPA thinks fit.
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