sec.75Criteria for deciding applications

### sec.75 Criteria for deciding applications In deciding whether to grant the allocation or refuse the application, or what should be the conditions of the allocation, the chief executive must consider— the coastal plan; and the impact the removal of the quarry material, including the proposed method of extraction, or the placement of spoil may have on coastal management including the following— the supply of sediments to estuaries and the sea; the physical integrity of the land, including stability of beds and banks of watercourses; the quarry material available on the land and any existing allocations for the land; the ecologically sustainable development of the land and watercourses on the land; and if the chief executive is satisfied the removal of the quarry material or the placement of spoil may impact on waters mentioned in the Environmental Protection (Water) Policy 1997 , schedule 1 , column 1—the impact the removal or placement may have on the environmental values and water quality objectives stated in a document mentioned in column 2 of that schedule for the waters; and the impact the removal of the quarry material or placement of spoil may have on the management of— fish habitats under the Fisheries Act 1994 ; or marine parks under the Marine Parks Act 2004 ; or protected areas under the Nature Conservation Act 1992 . Also, in deciding an application that involves placement of quarry material in a coastal management district, the chief executive must consider— the nature of the material including contaminants in the material; and the characteristics of the material’s receiving environment. Subsections (1) and (2) do not stop the chief executive from considering other matters relevant to the application, including, for example— fair and equitable access to, and the need to ensure the economic use of, State resources; and economic and social implications of a decision to grant or refuse the application; and the views of a local government about the removal of the quarry material or placement of spoil; and the views of a harbour master about the effect the removal or placement may have on marine safety in tidal water; and if the removal or placement happens on land within the limits of a port—the views of the port authority or port operator for the land about the removal or placement. In this section— coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage. s 75 ins 2001 No. 93 s 15 amd 2003 No. 79 s 170 sch 1 ; 2004 No. 31 s 171 ; 2010 No. 19 s 15 ; 2011 No. 6 s 24 (sec.75-ssec.1) In deciding whether to grant the allocation or refuse the application, or what should be the conditions of the allocation, the chief executive must consider— the coastal plan; and the impact the removal of the quarry material, including the proposed method of extraction, or the placement of spoil may have on coastal management including the following— the supply of sediments to estuaries and the sea; the physical integrity of the land, including stability of beds and banks of watercourses; the quarry material available on the land and any existing allocations for the land; the ecologically sustainable development of the land and watercourses on the land; and if the chief executive is satisfied the removal of the quarry material or the placement of spoil may impact on waters mentioned in the Environmental Protection (Water) Policy 1997 , schedule 1 , column 1—the impact the removal or placement may have on the environmental values and water quality objectives stated in a document mentioned in column 2 of that schedule for the waters; and the impact the removal of the quarry material or placement of spoil may have on the management of— fish habitats under the Fisheries Act 1994 ; or marine parks under the Marine Parks Act 2004 ; or protected areas under the Nature Conservation Act 1992 . (sec.75-ssec.2) Also, in deciding an application that involves placement of quarry material in a coastal management district, the chief executive must consider— the nature of the material including contaminants in the material; and the characteristics of the material’s receiving environment. (sec.75-ssec.3) Subsections (1) and (2) do not stop the chief executive from considering other matters relevant to the application, including, for example— fair and equitable access to, and the need to ensure the economic use of, State resources; and economic and social implications of a decision to grant or refuse the application; and the views of a local government about the removal of the quarry material or placement of spoil; and the views of a harbour master about the effect the removal or placement may have on marine safety in tidal water; and if the removal or placement happens on land within the limits of a port—the views of the port authority or port operator for the land about the removal or placement. (sec.75-ssec.4) In this section— coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage. - (a) the coastal plan; and - (b) the impact the removal of the quarry material, including the proposed method of extraction, or the placement of spoil may have on coastal management including the following— (i) the supply of sediments to estuaries and the sea; (ii) the physical integrity of the land, including stability of beds and banks of watercourses; (iii) the quarry material available on the land and any existing allocations for the land; (iv) the ecologically sustainable development of the land and watercourses on the land; and - (i) the supply of sediments to estuaries and the sea; - (ii) the physical integrity of the land, including stability of beds and banks of watercourses; - (iii) the quarry material available on the land and any existing allocations for the land; - (iv) the ecologically sustainable development of the land and watercourses on the land; and - (c) if the chief executive is satisfied the removal of the quarry material or the placement of spoil may impact on waters mentioned in the Environmental Protection (Water) Policy 1997 , schedule 1 , column 1—the impact the removal or placement may have on the environmental values and water quality objectives stated in a document mentioned in column 2 of that schedule for the waters; and - (d) the impact the removal of the quarry material or placement of spoil may have on the management of— (i) fish habitats under the Fisheries Act 1994 ; or (ii) marine parks under the Marine Parks Act 2004 ; or (iii) protected areas under the Nature Conservation Act 1992 . - (i) fish habitats under the Fisheries Act 1994 ; or - (ii) marine parks under the Marine Parks Act 2004 ; or - (iii) protected areas under the Nature Conservation Act 1992 . - (i) the supply of sediments to estuaries and the sea; - (ii) the physical integrity of the land, including stability of beds and banks of watercourses; - (iii) the quarry material available on the land and any existing allocations for the land; - (iv) the ecologically sustainable development of the land and watercourses on the land; and - (i) fish habitats under the Fisheries Act 1994 ; or - (ii) marine parks under the Marine Parks Act 2004 ; or - (iii) protected areas under the Nature Conservation Act 1992 . - (a) the nature of the material including contaminants in the material; and - (b) the characteristics of the material’s receiving environment. - (a) fair and equitable access to, and the need to ensure the economic use of, State resources; and - (b) economic and social implications of a decision to grant or refuse the application; and - (c) the views of a local government about the removal of the quarry material or placement of spoil; and - (d) the views of a harbour master about the effect the removal or placement may have on marine safety in tidal water; and - (e) if the removal or placement happens on land within the limits of a port—the views of the port authority or port operator for the land about the removal or placement.