Assessing agency’s response to application
42 Assessing agency’s response to application
The assessing agency may give the chief executive a response to the application.
The response may, within the limits of the assessing agency’s functions—
do any or all of the following—
recommend conditions (each an assessing agency condition) to form part of any regional interests approval;Note—
Under section 50(1)(a), a condition may, among other things, limit or restrict the carrying out of a resource activity or regulated activity on the land or part of it.
recommend the refusal of all or part of the application;
provide advice about the application; or
tell the chief executive that the assessing agency has no requirements or advice relating to the application.
However, the response may only be given within the prescribed time frame.
If the response includes assessing agency conditions or refusing all or part of an application, it must include reasons for the conditions or the refusal.
If the assessment application is notifiable and section 36(2)(a) or (3)(a) does not apply, the assessing agency’s response must not be given to the chief executive before the closing day for submissions about the application.
The assessing agency must give the applicant a copy of the response within the prescribed time frame.
This Act’s bill:Explanatory memorandumSecond reading speech
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