QLDIn ForceAct
Environmental Protection Act 1994
sec.316GDDeciding application
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### sec.316GD Deciding application
The administering authority must consider the application and decide to—
grant the temporary authority; or
refuse the temporary authority.
The administering authority may grant the temporary authority only if the administering authority is satisfied—
the application relates to a relevant ERA in relation to an emergency situation; and
that granting the temporary authority is a necessary and reasonable response to the carrying out, or increase in intensity or scale, of the relevant ERA as a result of the emergency situation.
If the administering authority decides to refuse the application the administering authority must, as soon as practicable after making the decision, give the applicant an information notice for the decision.
s 316GD ins 2023 No. 6 s 53
(sec.316GD-ssec.1) The administering authority must consider the application and decide to— grant the temporary authority; or refuse the temporary authority.
(sec.316GD-ssec.2) The administering authority may grant the temporary authority only if the administering authority is satisfied— the application relates to a relevant ERA in relation to an emergency situation; and that granting the temporary authority is a necessary and reasonable response to the carrying out, or increase in intensity or scale, of the relevant ERA as a result of the emergency situation.
(sec.316GD-ssec.3) If the administering authority decides to refuse the application the administering authority must, as soon as practicable after making the decision, give the applicant an information notice for the decision.
- (a) grant the temporary authority; or
- (b) refuse the temporary authority.
- (a) the application relates to a relevant ERA in relation to an emergency situation; and
- (b) that granting the temporary authority is a necessary and reasonable response to the carrying out, or increase in intensity or scale, of the relevant ERA as a result of the emergency situation.