Environmental Protection Act 1994

This section applies if the applicant—

has not complied with the public notice requirements; or

has given a declaration under section 158(1), but not within the period mentioned in section 158(2).

The administering authority must, within 10 business days after receiving the declaration, decide whether to allow the application to proceed under this part as if the noncompliance had not happened.

The authority may decide to allow the application to proceed only if it is satisfied there has been substantial compliance with the public notice requirements.

If the decision is that the application may proceed, the authority must, within 10 business days after the decision is made, give the applicant written notice of the decision.

If the authority decides not to allow the application to proceed—

any steps purportedly taken to comply with the public notice requirements are of no effect; and

the authority must, within 10 business days after the decision is made—

fix a substituted way to give or publish the application notice and give the applicant written notice of the substituted way; and

fix a new submission period for the application and give the applicant written notice of the period; and

give the applicant an information notice about the decision.

The stated substituted way to give or publish the application notice applies instead of the requirements for giving or publishing the notice under section 152.

If the administering authority states a substituted way to give or publish the application notice, section 158 applies to the applicant as if—

a reference to section 152 were a reference to the notice given under subsection (5)(b)(i); and

a reference to the submission period were a reference to the submission period fixed under subsection (5)(b)(ii).

Despite subsection (5)(a), if the administering authority decides not to allow the application to proceed, any properly made submissions for the application continue to have effect. s 159 ins 2000 No. 64 s 6