Environmental Protection Act 1994

The chief executive must consider the application and decide—

whether an EIS would be required under this Act for an EA application for the project; and

if the application includes an application for an approval under section 73A(1)(b) and the chief executive decides an EIS would not be required under this Act for an EA application for the project—to grant or refuse the approval.

In making a decision under subsection (1)(a), the chief executive must consider the standard criteria.

The chief executive may grant an approval under subsection (1)(b) only if the chief executive considers an EIS is appropriate for the project.

The chief executive must, within 10 business days after the decision is made, give the applicant a written notice stating the decision, and the reasons for it.