QLDIn ForceAct
Environmental Protection Act 1994
sec.326IAction following refusal of report
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### sec.326I Action following refusal of report
Subsection (2) applies if the administering authority decides to refuse to accept an environmental report under section 326G (4) (b) .
The administering authority may require the recipient to conduct or commission another environmental investigation and submit a report on the investigation to it.
A requirement under subsection (2) must be made by written notice given to the recipient.
The notice must state—
the relevant matters for the evaluation required; and
a reasonable period after the notice is given by which the report must be given to the administering authority.
A notice under subsection (2) must be accompanied by or include an information notice about the decision to give the notice and to fix the stated period.
A person given a notice about a requirement under subsection (2) must comply with the requirement within the period stated in the notice.
Maximum penalty for subsection (6) —300 penalty units.
In this section—
recipient , for an environmental report about an environmental investigation, means the person required to submit the report about the investigation to the administering authority under section 326B (2) or 326BA (2) .
s 326I ins 2012 No. 16 s 9 (amd 2013 No. 6 s 11 (5) )
amd 2014 No. 59 s 174 sch 1
(sec.326I-ssec.1) Subsection (2) applies if the administering authority decides to refuse to accept an environmental report under section 326G (4) (b) .
(sec.326I-ssec.2) The administering authority may require the recipient to conduct or commission another environmental investigation and submit a report on the investigation to it.
(sec.326I-ssec.3) A requirement under subsection (2) must be made by written notice given to the recipient.
(sec.326I-ssec.4) The notice must state— the relevant matters for the evaluation required; and a reasonable period after the notice is given by which the report must be given to the administering authority.
(sec.326I-ssec.5) A notice under subsection (2) must be accompanied by or include an information notice about the decision to give the notice and to fix the stated period.
(sec.326I-ssec.6) A person given a notice about a requirement under subsection (2) must comply with the requirement within the period stated in the notice. Maximum penalty for subsection (6) —300 penalty units.
(sec.326I-ssec.7) In this section— recipient , for an environmental report about an environmental investigation, means the person required to submit the report about the investigation to the administering authority under section 326B (2) or 326BA (2) .
- (a) the relevant matters for the evaluation required; and
- (b) a reasonable period after the notice is given by which the report must be given to the administering authority.