Environmental Management and Pollution Control Act 1994
27Assessment of activities which do not require a permit
Start here
Get a plain-English read of 27
Turn the raw legal text into a practical explanation grounded in Environmental Management and Pollution Control Act 1994.
27 Assessment of activities which do not require a permit
(1) Where a person proposes to undertake a level 2 activity which does not require a permit under the Land Use Planning and Approvals Act 1993 , that person must refer the proposed activity to the Board for assessment under this Act.
(1A) [Section 27 Subsection (1A) inserted by No. 56 of 2000, s. 14, Applied:14 Jul 2000] Subsection (1) does not apply to a waste transport business in respect of the transport of controlled waste to Tasmania from another State or a Territory or from Tasmania to another State or a Territory if –
(a) that business is permitted under the laws of the State or Territory in which it has its principal place of business; and
(b) the transfer of the controlled waste is conducted in accordance with any conditions or restrictions imposed by or under the laws of that State or Territory.
(2) Where the Director is of the opinion that it is expedient in the public interest to do so, having regard to the environmental impact of any other proposed environmentally relevant activity (other than a level 1 activity, level 2 activity or level 3 activity) for which a permit is not required, the Director may direct the person who proposes to undertake the environmentally relevant activity to refer details of the proposed activity to the Board for assessment under this Act and that person must comply with that direction.
(3) [Section 27 Subsection (3) amended by No. 45 of 2007, s. 10, Applied:29 Nov 2007] Subject to subsection (4) , the Board must undertake, in accordance with the Environmental Impact Assessment Principles and Division 1A , an assessment of an activity which has been referred to the Board under this section.
(4) [Section 27 Subsection (4) amended by No. 45 of 2007, s. 10, Applied:29 Nov 2007] If the Board is of the opinion that an activity which has been referred to the Board under this section will not result in serious or material environmental harm, the Board may notify the person who proposes to undertake the activity that an assessment under this Act is not required and must, if required by any person, give written reasons in support of that opinion.