sec.384Modifying report before approval

### sec.384 Modifying report before approval This section applies if, before approving an underground water impact report or final report, the chief executive considers the report is inadequate in a material particular. In the circumstances, it was appropriate for the water monitoring strategy detailed in the report to include the construction of a water monitoring bore. The construction of the bore is not provided for in the report. The chief executive may give the responsible entity for the report a notice stating— why the chief executive considers the report is inadequate in a material particular; and how the report must be modified; and that the responsible entity must either— modify the report in the way stated in the notice and give the amended report to the chief executive within a stated reasonable period; or make a submission to the chief executive within a stated reasonable period, which must be at least 20 business days after the notice is given, about why the report should not be modified. If the responsible entity makes a submission to the chief executive within the stated period and, after considering the submission, the chief executive still considers the report should be modified the chief executive may give the responsible entity a notice stating— how the report must be modified; and a reasonable period within which the modified report must be given to the chief executive. If the responsible entity is given a notice under subsection (2) or (3) , the entity must comply with it. Maximum penalty—500 penalty units. The chief executive may give the responsible entity more than 1 notice under this section. s 384 prev s 384 amd 2007 No. 57 s 82 om 2008 No. 34 s 714 pres s 384 ins 2010 No. 53 s 195 amd 2023 No. 24 s 40 (sec.384-ssec.1) This section applies if, before approving an underground water impact report or final report, the chief executive considers the report is inadequate in a material particular. In the circumstances, it was appropriate for the water monitoring strategy detailed in the report to include the construction of a water monitoring bore. The construction of the bore is not provided for in the report. (sec.384-ssec.2) The chief executive may give the responsible entity for the report a notice stating— why the chief executive considers the report is inadequate in a material particular; and how the report must be modified; and that the responsible entity must either— modify the report in the way stated in the notice and give the amended report to the chief executive within a stated reasonable period; or make a submission to the chief executive within a stated reasonable period, which must be at least 20 business days after the notice is given, about why the report should not be modified. (sec.384-ssec.3) If the responsible entity makes a submission to the chief executive within the stated period and, after considering the submission, the chief executive still considers the report should be modified the chief executive may give the responsible entity a notice stating— how the report must be modified; and a reasonable period within which the modified report must be given to the chief executive. (sec.384-ssec.4) If the responsible entity is given a notice under subsection (2) or (3) , the entity must comply with it. Maximum penalty—500 penalty units. (sec.384-ssec.5) The chief executive may give the responsible entity more than 1 notice under this section. - (a) why the chief executive considers the report is inadequate in a material particular; and - (b) how the report must be modified; and - (c) that the responsible entity must either— (i) modify the report in the way stated in the notice and give the amended report to the chief executive within a stated reasonable period; or (ii) make a submission to the chief executive within a stated reasonable period, which must be at least 20 business days after the notice is given, about why the report should not be modified. - (i) modify the report in the way stated in the notice and give the amended report to the chief executive within a stated reasonable period; or - (ii) make a submission to the chief executive within a stated reasonable period, which must be at least 20 business days after the notice is given, about why the report should not be modified. - (i) modify the report in the way stated in the notice and give the amended report to the chief executive within a stated reasonable period; or - (ii) make a submission to the chief executive within a stated reasonable period, which must be at least 20 business days after the notice is given, about why the report should not be modified. - (a) how the report must be modified; and - (b) a reasonable period within which the modified report must be given to the chief executive.