41Risk to the environment

41 Risk to the environment

(1) For the purposes of determining whether proposed injection testing will present a risk to the environment, the Minister must, within 21 days of receiving an injection and testing plan for approval, provide a copy of the proposed plan to—

S. 41(1)(a) amended by No. 39/2018 s. 39(3).

(2) A person or body referred to in subsection (1) may make a binding recommendation that the injection and testing plan not be approved or be approved subject to conditions if the person or body is of the opinion that—

(a) the work that is proposed to be carried out under the plan will present a risk to the environment; or

(b) the applicant's proposed risk management plan or monitoring and verification plan in relation to the environment is inadequate.

(3) If a recommendation is made within 40 days after the proposed plan is provided to a person or body under this section, the recommendation is binding on the Minister.

(4) If a person or body requests that the Department provide further information in relation to an application for approval of an injection testing plan, the time in which the person or body may make a recommendation does not include the period from the date that the request for further information is made until the date that the information is received.