Environmental Management and Pollution Control Act 1994
27BNotice of intent
Start here
Get a plain-English read of 27B
Turn the raw legal text into a practical explanation grounded in Environmental Management and Pollution Control Act 1994.
27B Notice of intent
[Section 27B of Part 3 Inserted by No. 45 of 2007, s. 11, Applied:29 Nov 2007]
(1) A person who lodges an application for a permit for a permissible level 2 activity may first lodge with the Board a notice of intent.
(1A) [Section 27B Subsection (1A) inserted by No. 46 of 2017, s. 12, Applied:04 Dec 2017] If a notice of intent lodged under subsection (1) relates to an EL activity –
(a) the Board, if the activity to which the notice of intent refers –
(i) is not an activity to which subparagraph (ii) applies, must determine under section 42K(2) whether to refuse to grant an environmental licence in relation to the activity; or
(ii) relates to a proposed expansion, intensification or modification of an activity that is carried out under an environmental licence, must determine under section 42Q(2) whether to refuse to vary an environmental licence in relation to the activity; and
(b) the Board, if it refuses under section 42K(2) or section 42Q(2) to grant or vary an environmental licence in relation to the activity, is not to take any further action under this Division in relation to the project to which the activity relates.
(2) [Section 27B Subsection (2) amended by No. 45 of 2012, s. 11, Applied:06 Dec 2012] A notice of intent is to contain the following information in sufficient detail to enable the Board to determine the appropriate class of assessment:
(a) the name and contact details of the person lodging the application;
(b) the name of the proposed project and its location;
(c) background of the project proponent, including details of the proponent's experience and financial capacity to undertake the project and his, her or its contact details;