Planning and Development Act 2005

In this section —

When the EPA has acted under section 48C(1)(a) of the EP Act in relation to a proposed region planning scheme or amendment to a region planning scheme referred to the EPA under section 38, the Commission, if it wishes to proceed with that scheme or amendment, is to undertake an environmental review of that scheme or amendment in accordance with the relevant instructions.

The Commission is not to advertise the proposed region planning scheme or amendment under section 43 until —

the Commission has forwarded the environmental review to the EPA; and

the EPA has advised that that review has been undertaken in accordance with the relevant instructions, or 30 days have elapsed since the review was forwarded without the EPA having advised whether or not that review has been undertaken in accordance with those instructions, whichever first occurs.

If the EPA has advised that the review has not been undertaken in accordance with the relevant instructions, the Commission may —

comply with subsection (2) in respect of the scheme or amendment concerned; or

request the Minister to consult the Minister for the Environment and, if possible, agree with the Minister for the Environment on whether or not the review has been undertaken in accordance with those instructions.

If the Minister, having complied with a request under subsection (4), and the Minister for the Environment —

agree on whether or not the review has been undertaken in accordance with the relevant instructions, their decision is final and without appeal or review; or

cannot so agree, section 48J of the EP Act applies.