Environmental Management and Pollution Control Act 1994
42ZDDeferral of certain decisions pending outcome of proceedings
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42ZD Deferral of certain decisions pending outcome of proceedings
(1) In this section –
relevant person, in relation to a decision, means –
(a) a person who has made an application to which the decision relates or an associate of such a person; or
(b) a person –
(i) whose application under the Land Use Planning and Approvals Act 1993 or this Act is referred to the Board or who intends to carry out, or is carrying out, an activity which is referred to the Board under this Division; and
(ii) who is a person to whom the decision relates; or
(c) an associate of a person referred to in paragraph (b) ; or
(d) a person to whom, in an application under section 42W , it is proposed that an environmental licence be transferred or an associate of such a person.
(2) This section applies in relation to section 42I , section 42J , section 42K , section 42N , section 42Q , section 42T and section 42W .
(3) If the Director or the Board is required under a section to which this section applies to make a decision in relation to a relevant person, the Director or the Board, respectively, may defer making the decision pending the outcome of proceedings, against the relevant person or another relevant person, in relation to an offence committed against –
(a) this Act; or
(b) any other Act; or
(c) a law of another State, a Territory, or the Commonwealth, that relates to the protection of the environment –
by the relevant person or the other relevant person.