VICIn ForceAct
Environment Protection Act 2017
159Notice of proposed declaration and notice of decision
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159 Notice of proposed declaration and notice of decision
(1) The Minister may propose that an issue be declared to be an issue of environmental concern if the Minister reasonably believes that declaration would promote a purpose or an object of this Act.
(2) Subject to section 163, if the Minister proposes that an issue is to be declared an issue of environmental concern, the Minister must ensure a notice in accordance with subsection (3) is published—
(b) on the Internet site of the Authority; and
(c) in or on at least one other publication or Internet site that the Minister considers appropriate.
(3) A notice under subsection (2) must—
(a) describe the nature and scope of the issue that is the subject of the proposed declaration; and
(b) state the reasons for, and the objectives of, the proposed declaration; and
(c) describe the persons or class of persons that would be required to address the issue of environmental concern; and
(d) describe the operation and impacts of the proposed declaration including, but not limited to the actions that a person or class of persons described in paragraph (c) could take to address the issue of environmental concern; and
(e) invite public comments or submissions within the time specified in the notice, being not less than 20 business days from the publication of the notice, as to—
(i) the need for the proposed declaration; and
(ii) whether the persons who would be required to address the issue of environmental concern would consider participating in a better environment plan; and
(iii) alternative methods of addressing the issue of environmental concern.
(4) After considering any comments or submissions received under subsection (3)(e), the Minister must ensure that a notice advising of the decision to make or not to make the proposed declaration is published—
(b) on the Internet site of the Authority; and
(c) in or on at least one other publication or Internet site that the Minister considers appropriate.
(5) Notice of a decision under subsection (4) must be published as soon as practicable after the decision has been made.
S. 160 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).