QLDIn ForceAct
Environmental Protection Act 1994
sec.194BMatters to be considered in making final decision
Start here
Get a plain-English read of sec.194B
Turn the raw legal text into a practical explanation grounded in Environmental Protection Act 1994.
### sec.194B Matters to be considered in making final decision
In making a final decision on an application under section 194A , the administering authority must—
have regard to—
any objections decision for the application; and
advice given by the MRA Minister or State Development Minister to the administering authority under section 193 ; and
if a draft environmental authority was given for the application, or conditions were stated for the draft PRCP schedule for the proposed PRC plan for the application—the draft environmental authority or conditions; and
if a draft environmental authority was not given for the application, or conditions were not stated for the draft PRCP schedule—
comply with relevant regulatory requirements; and
subject to subparagraph (i) , have regard to each matter mentioned in subsection (2) .
For subsection (1) (b) (ii) , the matters are—
the application; and
if the application is for an environmental authority—the standard conditions for the relevant activity or authority; and
a response given to an information request for the application; and
the standard criteria.
s 194B ins 2018 No. 30 s 122
amd 2020 No. 26 s 118 sch 1
(sec.194B-ssec.1) In making a final decision on an application under section 194A , the administering authority must— have regard to— any objections decision for the application; and advice given by the MRA Minister or State Development Minister to the administering authority under section 193 ; and if a draft environmental authority was given for the application, or conditions were stated for the draft PRCP schedule for the proposed PRC plan for the application—the draft environmental authority or conditions; and if a draft environmental authority was not given for the application, or conditions were not stated for the draft PRCP schedule— comply with relevant regulatory requirements; and subject to subparagraph (i) , have regard to each matter mentioned in subsection (2) .
(sec.194B-ssec.2) For subsection (1) (b) (ii) , the matters are— the application; and if the application is for an environmental authority—the standard conditions for the relevant activity or authority; and a response given to an information request for the application; and the standard criteria.
- (a) have regard to— (i) any objections decision for the application; and (ii) advice given by the MRA Minister or State Development Minister to the administering authority under section 193 ; and (iii) if a draft environmental authority was given for the application, or conditions were stated for the draft PRCP schedule for the proposed PRC plan for the application—the draft environmental authority or conditions; and
- (i) any objections decision for the application; and
- (ii) advice given by the MRA Minister or State Development Minister to the administering authority under section 193 ; and
- (iii) if a draft environmental authority was given for the application, or conditions were stated for the draft PRCP schedule for the proposed PRC plan for the application—the draft environmental authority or conditions; and
- (b) if a draft environmental authority was not given for the application, or conditions were not stated for the draft PRCP schedule— (i) comply with relevant regulatory requirements; and (ii) subject to subparagraph (i) , have regard to each matter mentioned in subsection (2) .
- (i) comply with relevant regulatory requirements; and
- (ii) subject to subparagraph (i) , have regard to each matter mentioned in subsection (2) .
- (i) any objections decision for the application; and
- (ii) advice given by the MRA Minister or State Development Minister to the administering authority under section 193 ; and
- (iii) if a draft environmental authority was given for the application, or conditions were stated for the draft PRCP schedule for the proposed PRC plan for the application—the draft environmental authority or conditions; and
- (i) comply with relevant regulatory requirements; and
- (ii) subject to subparagraph (i) , have regard to each matter mentioned in subsection (2) .
- (a) the application; and
- (b) if the application is for an environmental authority—the standard conditions for the relevant activity or authority; and
- (c) a response given to an information request for the application; and
- (d) the standard criteria.