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Section 27AC - Environmental Management and Pollution Control Act 1994 - Directions in relation to permits in respect of EL activities | Zoe
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Environmental Management and Pollution Control Act 1994
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Explain section 27AC Directions in relation to permits in respect of EL activities
[Section 27AC Inserted by No. 46 of 2017, s. 10, Applied:04 Dec 2017]
(1) In this section –
Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 ;
[Section 27AC Subsection (1) amended by No. 21 of 2020, s. 27, Applied:28 Oct 2020]
[Section 27AC Subsection (1) amended by No. 21 of 2020, s. 27, Applied:28 Oct 2020] permit means a permit under the Land Use Planning and Approvals Act 1993 .
(2) As soon as practicable after the Board has decided under section 42K or section 42Q to refuse to grant or vary an environmental licence in relation to an activity –
(a) to which relates an application, referred to the Board under section 25 , including an application to which section 25A relates, the Board must, by notice to the planning authority, direct the planning authority; or
(b) [Section 27AC Subsection (2) amended by No. 21 of 2020, s. 27, Applied:28 Oct 2020] referred to in an application to which section 25A relates, the Board must, by notice to the Commission, direct the Commission –
(c) [Section 27AC Subsection (2) amended by No. 21 of 2020, s. 27, Applied:28 Oct 2020] . . . . . . . .
to refuse to grant a permit in relation to the activity or the project, as the case may be.
(3) [Section 27AC Subsection (3) amended by No. 21 of 2020, s. 27, Applied:28 Oct 2020] If the Board has, under , directed a planning authority or the Commission to refuse to grant a permit in relation to an activity or the project, the planning authority or the Commission, as the case may be –
Previous section 27AB.
Next section 27AD Minor variations of planning permit in relation to EL activities
[Section 27AC Subsection (3) amended by No. 21 of 2020, s. 27, Applied:28 Oct 2020]
(a) must refuse under the Land Use Planning and Approvals Act 1993 to grant a permit in relation to the activity or the project; and
(b) must notify the Board of its decision to refuse to grant a permit.
(4) [Section 27AC Subsection (4) amended by No. 21 of 2020, s. 27, Applied:28 Oct 2020] [Section 27AC Subsection (4) amended by No. 21 of 2020, s. 27, Applied:28 Oct 2020] If the Board, under section 42M(2) or section 42R(1) , gives a relevant notice, to a planning authority or the Commission, specifying that the Board has granted or varied an environmental licence in relation to an activity, the planning authority or the Commission, as the case may be, must not impose on a permit in relation to the activity a condition or restriction which is inconsistent with, or extends or restricts the operation of, a condition or restriction imposed on the licence.
(5) [Section 27AC Subsection (5) amended by No. 21 of 2020, s. 27, Applied:28 Oct 2020] [Section 27AC Subsection (5) amended by No. 21 of 2020, s. 27, Applied:28 Oct 2020] [Section 27AC Subsection (5) amended by No. 21 of 2020, s. 27, Applied:28 Oct 2020] If a planning authority or the Commission grants a permit in relation to an activity to which section 25 or 25A relates, the planning authority or Commission, respectively, must, within 7 days, notify the Board of the grant of the permit and provide to the Board a copy of the permit.