sec.316PCReview of report

### sec.316PC Review of report This section applies if— an entity is notified under section 316PB (5) (b) that a report (the original report ) has been received; and the entity— has justifiable doubts about the impartiality or independence of the qualified entity who gave the original report; or reasonably believes the qualified entity has made a substantive error in carrying out the public interest evaluation that affects a recommendation made in the original report. The entity may, within 15 business days after being notified about the original report, ask the chief executive to arrange for another qualified entity to review the original report. If the chief executive receives a request under subsection (2) , the chief executive must ask another entity (the reviewing entity ) to review the original report. The reviewing entity must be— an entity that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation; and if the original report is— a report mentioned in section 316PB (1) (a) —an entity other than the proponent for the EIS; or a report mentioned in section 316PB (1) (b) —an entity other than the applicant. After reviewing the original report, the reviewing entity must, within 6 months after the chief executive makes the request under subsection (3) — decide to— confirm each recommendation made in the original report; or substitute 1 or more recommendations made in the original report; and give written notice of the decision to— the chief executive; and the entity who asked for the review under subsection (2) . The written notice must include reasons for the reviewing entity’s decision under subsection (5) (a) . The chief executive must, within 5 business days after receiving the notice— ensure the administering authority notes the decision on the register kept under section 540 ; and notify the following entities about the reviewing entity’s decision— for a report mentioned in section 316PB (1) (a) —the proponent for the EIS; for a report mentioned in section 316PB (1) (b) —the applicant; each entity who made a submission to the chief executive about the EIS under section 54 or the administering authority about the application under section 160 . s 316PC ins 2018 No. 30 s 173 (sec.316PC-ssec.1) This section applies if— an entity is notified under section 316PB (5) (b) that a report (the original report ) has been received; and the entity— has justifiable doubts about the impartiality or independence of the qualified entity who gave the original report; or reasonably believes the qualified entity has made a substantive error in carrying out the public interest evaluation that affects a recommendation made in the original report. (sec.316PC-ssec.2) The entity may, within 15 business days after being notified about the original report, ask the chief executive to arrange for another qualified entity to review the original report. (sec.316PC-ssec.3) If the chief executive receives a request under subsection (2) , the chief executive must ask another entity (the reviewing entity ) to review the original report. (sec.316PC-ssec.4) The reviewing entity must be— an entity that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation; and if the original report is— a report mentioned in section 316PB (1) (a) —an entity other than the proponent for the EIS; or a report mentioned in section 316PB (1) (b) —an entity other than the applicant. (sec.316PC-ssec.5) After reviewing the original report, the reviewing entity must, within 6 months after the chief executive makes the request under subsection (3) — decide to— confirm each recommendation made in the original report; or substitute 1 or more recommendations made in the original report; and give written notice of the decision to— the chief executive; and the entity who asked for the review under subsection (2) . (sec.316PC-ssec.6) The written notice must include reasons for the reviewing entity’s decision under subsection (5) (a) . (sec.316PC-ssec.7) The chief executive must, within 5 business days after receiving the notice— ensure the administering authority notes the decision on the register kept under section 540 ; and notify the following entities about the reviewing entity’s decision— for a report mentioned in section 316PB (1) (a) —the proponent for the EIS; for a report mentioned in section 316PB (1) (b) —the applicant; each entity who made a submission to the chief executive about the EIS under section 54 or the administering authority about the application under section 160 . - (a) an entity is notified under section 316PB (5) (b) that a report (the original report ) has been received; and - (b) the entity— (i) has justifiable doubts about the impartiality or independence of the qualified entity who gave the original report; or (ii) reasonably believes the qualified entity has made a substantive error in carrying out the public interest evaluation that affects a recommendation made in the original report. - (i) has justifiable doubts about the impartiality or independence of the qualified entity who gave the original report; or - (ii) reasonably believes the qualified entity has made a substantive error in carrying out the public interest evaluation that affects a recommendation made in the original report. - (i) has justifiable doubts about the impartiality or independence of the qualified entity who gave the original report; or - (ii) reasonably believes the qualified entity has made a substantive error in carrying out the public interest evaluation that affects a recommendation made in the original report. - (a) an entity that has the experience and qualifications, prescribed by regulation, necessary to carry out a public interest evaluation; and - (b) if the original report is— (i) a report mentioned in section 316PB (1) (a) —an entity other than the proponent for the EIS; or (ii) a report mentioned in section 316PB (1) (b) —an entity other than the applicant. - (i) a report mentioned in section 316PB (1) (a) —an entity other than the proponent for the EIS; or - (ii) a report mentioned in section 316PB (1) (b) —an entity other than the applicant. - (i) a report mentioned in section 316PB (1) (a) —an entity other than the proponent for the EIS; or - (ii) a report mentioned in section 316PB (1) (b) —an entity other than the applicant. - (a) decide to— (i) confirm each recommendation made in the original report; or (ii) substitute 1 or more recommendations made in the original report; and - (i) confirm each recommendation made in the original report; or - (ii) substitute 1 or more recommendations made in the original report; and - (b) give written notice of the decision to— (i) the chief executive; and (ii) the entity who asked for the review under subsection (2) . - (i) the chief executive; and - (ii) the entity who asked for the review under subsection (2) . - (i) confirm each recommendation made in the original report; or - (ii) substitute 1 or more recommendations made in the original report; and - (i) the chief executive; and - (ii) the entity who asked for the review under subsection (2) . - (a) ensure the administering authority notes the decision on the register kept under section 540 ; and - (b) notify the following entities about the reviewing entity’s decision— (i) for a report mentioned in section 316PB (1) (a) —the proponent for the EIS; (ii) for a report mentioned in section 316PB (1) (b) —the applicant; (iii) each entity who made a submission to the chief executive about the EIS under section 54 or the administering authority about the application under section 160 . - (i) for a report mentioned in section 316PB (1) (a) —the proponent for the EIS; - (ii) for a report mentioned in section 316PB (1) (b) —the applicant; - (iii) each entity who made a submission to the chief executive about the EIS under section 54 or the administering authority about the application under section 160 . - (i) for a report mentioned in section 316PB (1) (a) —the proponent for the EIS; - (ii) for a report mentioned in section 316PB (1) (b) —the applicant; - (iii) each entity who made a submission to the chief executive about the EIS under section 54 or the administering authority about the application under section 160 .