QLDIn ForceAct
Environmental Protection Act 1994
sec.168When decision must be made—generally
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### sec.168 When decision must be made—generally
If section 169 does not apply, a decision under subdivision 2 must be made within—
if there is a proposed PRC plan for the application—30 business days after the day the decision stage for the application starts; or
otherwise—20 business days after the day the decision stage for the application starts.
The administering authority may, by written notice given to the applicant and without the applicant’s agreement, extend the period mentioned in subsection (1) by not more than the number of business days stated for making the decision under subsection (1) .
Only 1 notice may be given under subsection (2) for the application and it must be given before the period ends.
However, the period may be further extended if the applicant, at any time before the decision is made, gives written agreement to the extension.
If the applicant has also applied under section 318F to be registered as a suitable operator for the carrying out of the environmentally relevant activity—
the chief executive must not decide the application for the environmental authority before deciding the application under section 318F ; and
for subsection (1) , the decision stage for the application for the environmental authority is taken not to have started until the day the application under section 318F is decided.
s 168 prev s 168 om 2000 No. 5 s 461 sch 3
pres s 168 ins 2000 No. 64 s 6
sub 2004 No. 48 s 41 ; 2005 No. 53 s 50 ; 2012 No. 16 ss 7 – 8
amd 2014 No. 33 s 108 ; 2018 No. 30 s 116 ; 2020 No. 26 s 118 sch 1
(sec.168-ssec.1) If section 169 does not apply, a decision under subdivision 2 must be made within— if there is a proposed PRC plan for the application—30 business days after the day the decision stage for the application starts; or otherwise—20 business days after the day the decision stage for the application starts.
(sec.168-ssec.2) The administering authority may, by written notice given to the applicant and without the applicant’s agreement, extend the period mentioned in subsection (1) by not more than the number of business days stated for making the decision under subsection (1) .
(sec.168-ssec.3) Only 1 notice may be given under subsection (2) for the application and it must be given before the period ends.
(sec.168-ssec.4) However, the period may be further extended if the applicant, at any time before the decision is made, gives written agreement to the extension.
(sec.168-ssec.5) If the applicant has also applied under section 318F to be registered as a suitable operator for the carrying out of the environmentally relevant activity— the chief executive must not decide the application for the environmental authority before deciding the application under section 318F ; and for subsection (1) , the decision stage for the application for the environmental authority is taken not to have started until the day the application under section 318F is decided.
- (a) if there is a proposed PRC plan for the application—30 business days after the day the decision stage for the application starts; or
- (b) otherwise—20 business days after the day the decision stage for the application starts.
- (a) the chief executive must not decide the application for the environmental authority before deciding the application under section 318F ; and
- (b) for subsection (1) , the decision stage for the application for the environmental authority is taken not to have started until the day the application under section 318F is decided.