QLDIn ForceAct
Environmental Protection Act 1994
sec.176ACriteria for decision—proposed PRCP schedule
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### sec.176A Criteria for decision—proposed PRCP schedule
This section applies if there is a proposed PRC plan for a site-specific application.
In deciding whether to approve the proposed PRCP schedule for the plan, the administering authority must—
comply with any relevant regulatory requirement; and
subject to paragraph (a) , have regard to each of the following—
the site-specific application;
the proposed PRC plan;
any response given for an information request for the proposed PRC plan;
the standard criteria;
the guidelines under section 550 ;
any relevant advice, report or guidance published by the rehabilitation commissioner under section 444K .
The administering authority must not approve the proposed PRCP schedule unless—
each proposed non-use management area under the schedule has been properly identified as a non-use management area; and
if a public interest evaluation is required for a proposed non-use management area under the schedule—the report for the evaluation recommends it is in the public interest to approve the area as a non-use management area; and
the administering authority is satisfied the schedule provides for all land the subject of the schedule to be—
rehabilitated to a stable condition; or
managed as a non-use management area in a way that achieves best practice management of the area and minimises risks to the environment.
s 176A ins 2018 No. 30 s 118
amd 2020 No. 26 s 28
(sec.176A-ssec.1) This section applies if there is a proposed PRC plan for a site-specific application.
(sec.176A-ssec.2) In deciding whether to approve the proposed PRCP schedule for the plan, the administering authority must— comply with any relevant regulatory requirement; and subject to paragraph (a) , have regard to each of the following— the site-specific application; the proposed PRC plan; any response given for an information request for the proposed PRC plan; the standard criteria; the guidelines under section 550 ; any relevant advice, report or guidance published by the rehabilitation commissioner under section 444K .
(sec.176A-ssec.3) The administering authority must not approve the proposed PRCP schedule unless— each proposed non-use management area under the schedule has been properly identified as a non-use management area; and if a public interest evaluation is required for a proposed non-use management area under the schedule—the report for the evaluation recommends it is in the public interest to approve the area as a non-use management area; and the administering authority is satisfied the schedule provides for all land the subject of the schedule to be— rehabilitated to a stable condition; or managed as a non-use management area in a way that achieves best practice management of the area and minimises risks to the environment.
- (a) comply with any relevant regulatory requirement; and
- (b) subject to paragraph (a) , have regard to each of the following— (i) the site-specific application; (ii) the proposed PRC plan; (iii) any response given for an information request for the proposed PRC plan; (iv) the standard criteria; (v) the guidelines under section 550 ; (vi) any relevant advice, report or guidance published by the rehabilitation commissioner under section 444K .
- (i) the site-specific application;
- (ii) the proposed PRC plan;
- (iii) any response given for an information request for the proposed PRC plan;
- (iv) the standard criteria;
- (v) the guidelines under section 550 ;
- (vi) any relevant advice, report or guidance published by the rehabilitation commissioner under section 444K .
- (i) the site-specific application;
- (ii) the proposed PRC plan;
- (iii) any response given for an information request for the proposed PRC plan;
- (iv) the standard criteria;
- (v) the guidelines under section 550 ;
- (vi) any relevant advice, report or guidance published by the rehabilitation commissioner under section 444K .
- (a) each proposed non-use management area under the schedule has been properly identified as a non-use management area; and
- (b) if a public interest evaluation is required for a proposed non-use management area under the schedule—the report for the evaluation recommends it is in the public interest to approve the area as a non-use management area; and
- (c) the administering authority is satisfied the schedule provides for all land the subject of the schedule to be— (i) rehabilitated to a stable condition; or (ii) managed as a non-use management area in a way that achieves best practice management of the area and minimises risks to the environment.
- (i) rehabilitated to a stable condition; or
- (ii) managed as a non-use management area in a way that achieves best practice management of the area and minimises risks to the environment.
- (i) rehabilitated to a stable condition; or
- (ii) managed as a non-use management area in a way that achieves best practice management of the area and minimises risks to the environment.