Environmental Protection Act 1994

The administering authority must assess a proposed PRC plan given to the authority in compliance with a notice given under section 754.

The assessment process under chapter 5, parts 2 to 5 of the amended Act apply in relation to the proposed PRC plan as if the PRC plan accompanied an application for an environmental authority for a relevant activity made under section 125(1)(n).

However, for applying the assessment process under subsection (2)—

the periods mentioned in sections 144(a)(ii), 168(1)(b) and 194(2)(a)(ii) are taken to apply to the administering authority for the assessment process; and

the submission period mentioned in section 154 is taken to be the period, of at least 20 business days after the giving and publishing of the application notice for the PRC plan under section 152, decided by the administering authority; and

the notification stage applies subject to section 755B.

If a requirement for the proposed PRCP schedule does not apply to the holder under section 754(3), section 176A(3) does not apply in relation to the administering authority in deciding whether to approve the schedule to the extent the requirement does not apply to the holder.

In addition to the matters the administering authority must consider in deciding whether to approve the PRCP schedule for the proposed PRC plan under sections 176A and 194B, the authority must also have regard to—

each land outcome document for land to which the proposed PRC plan relates; and

to the extent possible, the matters the administering authority would have had regard to if the proposed PRC plan had accompanied an application for the holder’s environmental authority.

Without limiting subsection (6), in assessing, under section 126C(1)(i), an applicant’s proposed methodology for achieving best practice management of the area to support the management milestones under the proposed PRCP schedule for the area, the administering authority may have regard to—

the historical context of operations on the land; and

historical constraints related to existing infrastructure and approvals; and

the extent to which it is practicable to apply current standards related to best practice management to the land.