Environmental Protection Act 1994

The chief executive must, within 15 business days after the draft terms of reference is submitted—

review the draft and any documents accompanying the draft; and

decide whether to allow the draft to proceed; and

give the proponent a notice under subsection (4) or (5).

The period mentioned in subsection (1) may be extended if, before the decision is made, the proponent agrees in writing to the extension.

The chief executive must refuse to allow the draft to proceed if, having regard to the draft—

the chief executive is satisfied it is unlikely the project could proceed under this Act or another law, including, for example, because the project—

would contravene a law of the Commonwealth or the State; or

would give rise to an unacceptable risk of serious or material environmental harm; or

would have an unacceptable adverse impact on a matter of State environmental significance or a matter of national environmental significance; or

would have an unacceptable adverse impact on an area of cultural heritage significance; or

the chief executive is required to refuse to allow the draft to proceed under a regulatory requirement.

If the chief executive refuses to allow the draft to proceed, the chief executive must give the proponent an information notice for the decision that also states—

if the proponent has not previously resubmitted the draft under section 41B—that the proponent may resubmit an amended draft terms of reference for a decision under section 41B within 20 business days after the notice is given or, if the chief executive agrees to a different period, the different period; or

if the proponent has previously resubmitted the draft under section 41B—

that the proponent can not further resubmit the draft terms of reference; but

the proponent may submit a new draft terms of reference under section 41 in relation to the project.

If the chief executive decides to allow the draft terms of reference to proceed, the chief executive must give the proponent written notice about—

the decision; and

the steps the chief executive must take under section 46.