ACTIn ForceAct
Environment Protection Act 1997
49Grant
Start here
Get a plain-English read of 49
Turn the raw legal text into a practical explanation grounded in Environment Protection Act 1997.
49 Grant
(1) Subject to section 61, the authority must, within 20 working days of
the receipt of an application under section 47, or within 20 working
days of the date specified in a notice under section 48 (1) (c) and after
taking into account any submissions received in response to that
notice, as the case requires—
(a) grant an environmental authorisation in relation to a specified
activity, for the period and subject to the conditions (if any)
specified in the authorisation; or
(b) refuse to grant an environmental authorisation in relation to a
specified activity; or
(c) require the applicant to provide further specified information by
a specified date, not earlier than 10 working days after the date
of the notice; or
(d) request the Minister under section 94 to direct that an EIS be
prepared in relation to the possible environmental impact of a
specified activity.
(2) If under subsection (1) (c) the authority requires the applicant to
provide further information, the authority must within 10 working
days after receiving the further information—
or
subsection (1) (b); or
(c) make a request of the Minister under subsection (1) (d).
(3) If within 20 working days after the authority makes a request under
subsection (1) (d) or (2) (c) the Minister has not acceded to the
request, the authority must—
or
subsection (1) (b); or
(c) require further information under subsection (1) (c).
(4) If under subsection (3) (c) the authority requires the applicant to
provide further information, the authority must within 10 working
days after receiving the further information—
or
subsection (1) (b).
(5) Subsection (6) applies if—
(a) before the authority makes a decision granting or refusing to
grant an environmental authorisation under subsection (1), (2),
(3) or (4), the Minister, on the Minister’s own initiative under
section 94, directs that an EIS be prepared in relation to the
possible environmental impact of the specified activity; or
(b) before the authority makes a decision granting or refusing to
grant an environmental authorisation under subsection (3), the
Minister agrees to a request under subsection (1) (d) or (2) (c).
(6) The authority must, not later than 20 working days after the day the
EIS is finalised—
or
subsection (1) (b).
(7) The authority must give written notice of its decision to anyone who
has made a submission in relation to the application under
section 48 (1) (c).
Note See s 136 for the requirement to notify other people.
(8) In this section:
finalised, for an EIS (other than a public health EIS), means the day
the EIS is finalised under the Planning Act 2023, section 128 as
applied by this Act, section 94A.
public health EIS—see the Planning Act 2023, dictionary.