Planning permits not required for some work variations
42A Planning permits not required for some work variations
This section applies if—
a licensee proposes to vary an approved work plan that was approved in respect of work for which an Environment Effects Statement was prepared and assessed under section 42(7); and
a permit is required to be obtained under a planning scheme for the new work that it is proposed to do.
S. 42A(2) amended by No. 57/2009 s. 28(1).
The licensee is not required to obtain a permit for that work only if—
the Minister, after consultation with the Minister administering the Environment Effects Act 1978, is satisfied that the new work will not cause any significant additional environmental impacts; and
S. 42A(2)(b) amended by No. 57/2009 s. 28(2).
the Department Head approves the variation.
If the Minister is not so satisfied, the licensee is still not required to obtain a permit for that work if—
the Minister administering the Environment Effects Act 1978 directs that a report be prepared on the additional environmental impacts that the new work may have; and
the report is made available for public inspection and comment for at least 28 days; and
after considering any comments made during that period, that Minister submits an assessment of the report to the Minister; and
S. 42A(3)(d) amended by No. 57/2009 s. 28(3).
the variation, in the form that it is approved by the Department Head, substantially complies with any requirements recommended by that assessment.
S. 43 (Heading) inserted by No. 59/2010 s. 25(1).
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