QLDIn ForceAct
Environmental Protection Act 1994
sec.190Requirements for objections decision
Start here
Get a plain-English read of sec.190
Turn the raw legal text into a practical explanation grounded in Environmental Protection Act 1994.
### sec.190 Requirements for objections decision
An objections decision for an application for an environmental authority must be a recommendation to the administering authority that—
if a draft environmental authority was given for the application—
the application be approved on the basis of the draft environmental authority for the application; or
the application be approved, but on stated conditions that are different from the conditions in the draft environmental authority ; or
the application be refused; or
if a draft environmental authority was not given for the application—
the application be approved subject to conditions; or
the application be refused.
An objections decision for a proposed PRC plan for the application for the environmental authority must be a recommendation to the administering authority that the draft PRCP schedule for the plan—
be approved, with or without stated conditions or amendment; or
be refused.
However, if a relevant mining lease is, or is included in, a coordinated project, any stated conditions under subsection (1) (a) (ii) or (b)(i) or (2)(a)—
must include the Coordinator-General’s conditions; and
can not be inconsistent with the Coordinator-General’s conditions.
s 190 prev s 190 ins 2000 No. 64 s 6
amd 2004 No. 48 s 56
om 2012 No. 16 s 7
pres s 190 ins 2012 No. 16 s 8 (amd 2013 No. 6 s 50 sch )
sub 2018 No. 30 s 120
amd 2020 No. 26 s 118 sch 1 ; 2023 No. 6 s 26
(sec.190-ssec.1) An objections decision for an application for an environmental authority must be a recommendation to the administering authority that— if a draft environmental authority was given for the application— the application be approved on the basis of the draft environmental authority for the application; or the application be approved, but on stated conditions that are different from the conditions in the draft environmental authority ; or the application be refused; or if a draft environmental authority was not given for the application— the application be approved subject to conditions; or the application be refused.
(sec.190-ssec.2) An objections decision for a proposed PRC plan for the application for the environmental authority must be a recommendation to the administering authority that the draft PRCP schedule for the plan— be approved, with or without stated conditions or amendment; or be refused.
(sec.190-ssec.3) However, if a relevant mining lease is, or is included in, a coordinated project, any stated conditions under subsection (1) (a) (ii) or (b)(i) or (2)(a)— must include the Coordinator-General’s conditions; and can not be inconsistent with the Coordinator-General’s conditions.
- (a) if a draft environmental authority was given for the application— (i) the application be approved on the basis of the draft environmental authority for the application; or (ii) the application be approved, but on stated conditions that are different from the conditions in the draft environmental authority ; or (iii) the application be refused; or
- (i) the application be approved on the basis of the draft environmental authority for the application; or
- (ii) the application be approved, but on stated conditions that are different from the conditions in the draft environmental authority ; or
- (iii) the application be refused; or
- (b) if a draft environmental authority was not given for the application— (i) the application be approved subject to conditions; or (ii) the application be refused.
- (i) the application be approved subject to conditions; or
- (ii) the application be refused.
- (i) the application be approved on the basis of the draft environmental authority for the application; or
- (ii) the application be approved, but on stated conditions that are different from the conditions in the draft environmental authority ; or
- (iii) the application be refused; or
- (i) the application be approved subject to conditions; or
- (ii) the application be refused.
- (a) be approved, with or without stated conditions or amendment; or
- (b) be refused.
- (a) must include the Coordinator-General’s conditions; and
- (b) can not be inconsistent with the Coordinator-General’s conditions.