sec.68Substantial compliance with notice requirements may be accepted

### sec.68 Substantial compliance with notice requirements may be accepted If the proponent has not complied with the notice requirements under division 2 , subdivision 2 or division 4 , subdivision 1 , the chief executive must decide whether to allow the EIS to proceed under this part as if the noncompliance had not happened. The chief executive may decide to allow the EIS to proceed only if the chief executive is satisfied there has been substantial compliance with the requirements. If the chief executive decides not to allow the EIS to proceed, the chief executive must, within 10 business days after the decision is made— fix a new period for compliance with the requirements (the new notice period ); and either fix— if the noncompliance was with division 2 , subdivision 2 —a new comment period; or if the noncompliance was with division 4 , subdivision 1 —a new submission period; and give the proponent an information notice about the decision not to allow the EIS to proceed and the decision about the new notice period. The information notice must state the new notice period and the new comment or submission period. The new notice period applies despite the period for giving the notice under section 43 (3) or 51 (2) . s 68 prev s 68 amd 1996 No. 10 s 13 ; 1998 No. 13 s 45 om 2000 No. 64 s 8 pres s 68 ins 2000 No. 64 s 6 (sec.68-ssec.1) If the proponent has not complied with the notice requirements under division 2 , subdivision 2 or division 4 , subdivision 1 , the chief executive must decide whether to allow the EIS to proceed under this part as if the noncompliance had not happened. (sec.68-ssec.2) The chief executive may decide to allow the EIS to proceed only if the chief executive is satisfied there has been substantial compliance with the requirements. (sec.68-ssec.3) If the chief executive decides not to allow the EIS to proceed, the chief executive must, within 10 business days after the decision is made— fix a new period for compliance with the requirements (the new notice period ); and either fix— if the noncompliance was with division 2 , subdivision 2 —a new comment period; or if the noncompliance was with division 4 , subdivision 1 —a new submission period; and give the proponent an information notice about the decision not to allow the EIS to proceed and the decision about the new notice period. (sec.68-ssec.4) The information notice must state the new notice period and the new comment or submission period. (sec.68-ssec.5) The new notice period applies despite the period for giving the notice under section 43 (3) or 51 (2) . - (a) fix a new period for compliance with the requirements (the new notice period ); and - (b) either fix— (i) if the noncompliance was with division 2 , subdivision 2 —a new comment period; or (ii) if the noncompliance was with division 4 , subdivision 1 —a new submission period; and - (i) if the noncompliance was with division 2 , subdivision 2 —a new comment period; or - (ii) if the noncompliance was with division 4 , subdivision 1 —a new submission period; and - (c) give the proponent an information notice about the decision not to allow the EIS to proceed and the decision about the new notice period. - (i) if the noncompliance was with division 2 , subdivision 2 —a new comment period; or - (ii) if the noncompliance was with division 4 , subdivision 1 —a new submission period; and