Application of Coordinator-General’s report to deciding assessment application
49L Application of Coordinator-General’s report to deciding assessment application
The Coordinator-General’s report for the EIS or IAR for the project may state any of the following for an activity relating to the project—
that any regional interests development approval given for the activity must be subject to stated conditions;
that any regional interests development approval given must be only for a stated activity or a stated part of an activity.
Alternatively, the report may state that—
the Coordinator-General has no conditions or requirements for the activity; or
a regional interests development approval for the activity must not be given.
A condition mentioned in subsection (1)(a) must be consistent with the requirements for a regional interests condition under the Regional Planning Interests Act 2014, section 50.
The regional planning chief executive must comply with a matter stated in the report under subsection (1) or (2).
To remove any doubt, it is declared that subsections (1)(a) and (2)(a) do not limit the power of the regional planning chief executive to—
consider and decide the assessment application; and
impose conditions on any regional interests development approval given, if the conditions are not inconsistent with conditions stated under subsection (1)(a).
The report may state that a regional interests development approval must not be given for the activity only if the Coordinator-General is satisfied there are environmental effects in relation to the development that can not be addressed adequately.
The report must give reasons for the statement mentioned in subsection (2)(b).
If there is any inconsistency between a condition mentioned in subsection (1)(a) for a regional interests development approval and a condition imposed by the regional planning chief executive on the approval under the Regional Planning Interests Act 2014, section 48(2), the condition mentioned in subsection (1)(a) prevails to the extent of the inconsistency.
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