Substantial compliance with notice requirements may be accepted
68 Substantial compliance with notice requirements may be accepted
If the proponent has not complied with the notice requirements under division 4, subdivision 1, the chief executive must decide whether to allow the EIS to proceed under this part as if the noncompliance had not happened.
The chief executive may decide to allow the EIS to proceed only if the chief executive is satisfied there has been substantial compliance with the requirements.
If the chief executive decides not to allow the EIS to proceed, the chief executive must, within 10 business days after the decision is made—
fix a new period for compliance with the requirements (the new notice period); and
fix a new submission period; and
give the proponent an information notice about the decision not to allow the EIS to proceed and the decision about the new notice period.
The information notice must state the new notice period and the new submission period.
The new notice period applies despite the period for giving the notice under section 51(2).
This Act’s bill:Explanatory memorandum
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