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Environmental Protection Regulation 2019
sch.8-sec.2General information
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### sch.8-sec.2 General information
The assessor must decide the extent to which the application achieves each environmental objective relevant to the application.
However, if the application is accompanied by a proposed PRCP schedule or draft PRCP schedule, part 3 , division 1 , entry for ‘Land’, performance outcome 2(b) does not apply for the assessment.
In assessing whether the application achieves the relevant environmental objective, the assessor must decide whether the activity the subject of the application achieves item 1 of the performance outcome stated for the environmental objective.
If the assessor is not satisfied the activity the subject of the application achieves item 1 of the performance outcome for the relevant environmental objective, the assessor must decide whether the activity achieves the relevant item 2 performance outcomes stated for the environmental objective.
The application achieves the relevant environmental objective if the assessor is satisfied the activity the subject of the application achieves—
item 1 of the performance outcome for the relevant environmental objective; or
item 2 of the performance outcomes for the relevant environmental objective.
If the assessor is not satisfied the application achieves a performance outcome for the relevant environmental objective, the assessor may still decide the application achieves the relevant environmental objective if the application includes alternative measures for the activity the subject of the application to achieve the environmental objective.
Nothing in this schedule prevents the assessor from granting an application that the assessor considers does not satisfy each environmental objective mentioned in this schedule or prevents the assessor from refusing to grant an application the assessor is satisfied achieves each environmental objective mentioned in this schedule.
sch 8 s 2 amd 2019 SL No. 198 s 13
(sch.8-sec.2-ssec.1) The assessor must decide the extent to which the application achieves each environmental objective relevant to the application.
(sch.8-sec.2-ssec.1A) However, if the application is accompanied by a proposed PRCP schedule or draft PRCP schedule, part 3 , division 1 , entry for ‘Land’, performance outcome 2(b) does not apply for the assessment.
(sch.8-sec.2-ssec.2) In assessing whether the application achieves the relevant environmental objective, the assessor must decide whether the activity the subject of the application achieves item 1 of the performance outcome stated for the environmental objective.
(sch.8-sec.2-ssec.3) If the assessor is not satisfied the activity the subject of the application achieves item 1 of the performance outcome for the relevant environmental objective, the assessor must decide whether the activity achieves the relevant item 2 performance outcomes stated for the environmental objective.
(sch.8-sec.2-ssec.4) The application achieves the relevant environmental objective if the assessor is satisfied the activity the subject of the application achieves— item 1 of the performance outcome for the relevant environmental objective; or item 2 of the performance outcomes for the relevant environmental objective.
(sch.8-sec.2-ssec.5) If the assessor is not satisfied the application achieves a performance outcome for the relevant environmental objective, the assessor may still decide the application achieves the relevant environmental objective if the application includes alternative measures for the activity the subject of the application to achieve the environmental objective. Nothing in this schedule prevents the assessor from granting an application that the assessor considers does not satisfy each environmental objective mentioned in this schedule or prevents the assessor from refusing to grant an application the assessor is satisfied achieves each environmental objective mentioned in this schedule.
- (a) item 1 of the performance outcome for the relevant environmental objective; or
- (b) item 2 of the performance outcomes for the relevant environmental objective.