Environmental Protection Act 1994

This section applies if—

a PRCP schedule is not approved for an environmental authority to which part 27 applies (including because of the operation of this division); andNote—See also section 849 for the application of subsection (1)(a).

a PRCP schedule is required under this Act in relation to the authority; and

no other provision of this Act enables the holder of the authority to apply for approval of a PRCP schedule for the authority.

The holder of the environmental authority may ask the administering authority to assess a proposed PRC plan for the environmental authority.

If the application is made within 5 years after the commencement of this section, sections 754(3) to (9) and 755 to 756 apply in relation to the proposed PRC plan as if—

a notice had been given to the holder under section 754(1); and

the proposed PRC plan had been given to the administering authority in compliance with the notice.

If subsection (3) does not apply, the administering authority must assess the proposed PRC plan under chapter 5, parts 2 to 5, as if the PRC plan accompanied an application for an environmental authority for a relevant activity made under section 125(1)(n).

Section 431A does not apply to the holder of the environmental authority during the following periods—

if, immediately before the relevant commencement day, the administering authority was not assessing a proposed PRC plan for the authority under part 27 or subsection (2)—the period of 60 business days from the relevant commencement day;

if an application for assessment of a proposed PRC plan for the authority is made under subsection (2), whether before or after the relevant commencement day—

the period for which the administering authority is assessing the proposed PRC plan; and

the period of 60 business days from the day the assessment ends, if the assessment ends without the proposed PRC plan being approved.

For subsection (5), the relevant commencement day is the day the amendment of this section by the Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Act 2026 commences.

To remove any doubt, it is declared that the holder of the environmental authority may ask the administering authority, under subsection (2), to assess a proposed PRC plan for the authority more than once.