Part 6Environmental authorisations and development authorisations

Part 6—Environmental authorisations and development authorisations Division 1—Requirement for works approval 35—Requirement for works approval (1) Subject to this section, a person must not carry out works for— (a) the construction or alteration of a building or structure for use for a prescribed activity of environmental significance; or (b) the installation or alteration of any plant or equipment for use for a prescribed activity of environmental significance, except as authorised by an environmental authorisation in the form of a works approval under this Part. (2) A works approval is not required under subsection (1) for— (a) works in respect of a building, structure, plant or equipment for use for an activity that is authorised by a licence under this Part; or (b) works for which development authorisation is required under the Planning, Development and Infrastructure Act 2016. Division 2—Requirement for licence 36—Requirement for licence (1) A person must not undertake a prescribed activity of environmental significance except as authorised by an environmental authorisation in the form of a licence under this Part. (2) The Authority may, by notice in writing, exempt a person undertaking a prescribed activity of environmental significance from subsection (1) if the Authority is satisfied that— (a) another person who is principally responsible for the activity will be authorised in accordance with that subsection to undertake the activity; and (b) the activity can be properly regulated through the authorisation granted to that other person. (3) The Authority may, by notice in writing, revoke an exemption under subsection (2). (4) The subsequent Divisions of this Part do not apply to an exemption under subsection (2). Division 3—Exemptions 37—Exemptions Subject to this Act, a person may obtain an environmental authorisation in the form of an exemption exempting the person from the application of a specified provision of this Act in respect of a specified activity.