Permit exemptions granted by a council
83 Permit exemptions granted by a council
S. 83 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
A person may apply to a council for an exemption from the application of section 46 in respect of a prescribed permit activity administered by a council.
An application for an exemption under subsection (1) must—
be made in the prescribed form and manner; and
specify the activity in relation to which the exemption is sought; and
S. 83(2)(c) amended by No. 36/2022 s. 41(1).
be accompanied by the prescribed fee (if any) for the application; and
Note to s. 83(2)(c) inserted by No. 36/2022 s. 41(2).
Note
An additional fee may be payable under section 50A.
include any prescribed information.
S. 83(3) amended by No. 36/2022 s. 41(3).
Subject to section 51B, on receiving an application that complies with subsection (2), a council must, within 10 business days (or any shorter prescribed period) after receiving the application—
grant the exemption subject to any conditions the council considers appropriate; or
refuse to grant the exemption.
When determining whether to grant an exemption, a council must take into account any prescribed matter.
An exemption granted under subsection (3) has no effect unless the conditions to which it is subject are complied with.
This provision refers to the regulations (prescribed form
, prescribed fee
, prescribed information
). Made under this Act:
- Environment Protection Further Revocation Regulations 2021 · under section 465
- Environment Protection Regulations 2021 · under section 465
This Act’s bill:Explanatory memorandumSecond reading speech
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