Environmental Protection Act 1994

This section applies if the administering authority decides to grant the temporary authority to the applicant.

The administering authority may impose on the authority the conditions the administering authority considers necessary or desirable to respond to the carrying out, or increase in intensity or scale, of the relevant ERA as a result of the emergency situation.

Before imposing conditions under subsection (2) the administering authority must notify the applicant of the following matters—

the proposed conditions;

that the applicant may make submissions about the proposed conditions within a stated reasonable period.

In deciding whether to impose the conditions the administering authority must have regard to any submissions made by the applicant within the stated period.

However, the administering authority need not comply with subsections (3) and (4) if the administering authority considers complying with those subsections would delay the grant of the temporary authority to the detriment of the applicant, having regard to—

the nature and urgency of the application; and

the emergency situation to which the application relates.