sec.35No approvals for particular capital dredging

### sec.35 No approvals for particular capital dredging An approving authority must not give an approval for development that is, or includes, capital dredging if the dredging will be carried out— within a restricted area; and for the purpose of establishing, constructing or improving a port facility. However, subsection (1) does not apply to an approval for development that is, or includes, capital dredging carried out for the purpose of establishing, constructing or improving a port facility— in a priority port’s master planned area; or for the Port of Cairns, if— the dredging will be carried out in the port’s inner harbour; and the approval does not permit the extraction or excavation of more than 50,000m3 of material; and the approval will not result in more than 150,000m3 of material being extracted from, or excavated in, the port’s inner harbour in a 4-year period. In calculating whether an approval will result in more than 150,000m3 of material being extracted or excavated in a 4-year period, only the following amounts are relevant— the amount of material to be extracted or excavated under the approval; the amount of material extracted or excavated, or to be extracted or excavated, under another approval for development that is, or includes, capital dredging unless the capital dredging was the subject of an EIS process started before the commencement. (sec.35-ssec.1) An approving authority must not give an approval for development that is, or includes, capital dredging if the dredging will be carried out— within a restricted area; and for the purpose of establishing, constructing or improving a port facility. (sec.35-ssec.2) However, subsection (1) does not apply to an approval for development that is, or includes, capital dredging carried out for the purpose of establishing, constructing or improving a port facility— in a priority port’s master planned area; or for the Port of Cairns, if— the dredging will be carried out in the port’s inner harbour; and the approval does not permit the extraction or excavation of more than 50,000m3 of material; and the approval will not result in more than 150,000m3 of material being extracted from, or excavated in, the port’s inner harbour in a 4-year period. (sec.35-ssec.3) In calculating whether an approval will result in more than 150,000m3 of material being extracted or excavated in a 4-year period, only the following amounts are relevant— the amount of material to be extracted or excavated under the approval; the amount of material extracted or excavated, or to be extracted or excavated, under another approval for development that is, or includes, capital dredging unless the capital dredging was the subject of an EIS process started before the commencement. - (a) within a restricted area; and - (b) for the purpose of establishing, constructing or improving a port facility. - (a) in a priority port’s master planned area; or - (b) for the Port of Cairns, if— (i) the dredging will be carried out in the port’s inner harbour; and (ii) the approval does not permit the extraction or excavation of more than 50,000m3 of material; and (iii) the approval will not result in more than 150,000m3 of material being extracted from, or excavated in, the port’s inner harbour in a 4-year period. - (i) the dredging will be carried out in the port’s inner harbour; and - (ii) the approval does not permit the extraction or excavation of more than 50,000m3 of material; and - (iii) the approval will not result in more than 150,000m3 of material being extracted from, or excavated in, the port’s inner harbour in a 4-year period. - (i) the dredging will be carried out in the port’s inner harbour; and - (ii) the approval does not permit the extraction or excavation of more than 50,000m3 of material; and - (iii) the approval will not result in more than 150,000m3 of material being extracted from, or excavated in, the port’s inner harbour in a 4-year period. - (a) the amount of material to be extracted or excavated under the approval; - (b) the amount of material extracted or excavated, or to be extracted or excavated, under another approval for development that is, or includes, capital dredging unless the capital dredging was the subject of an EIS process started before the commencement.