153Time for determining permit application

153 Time for determining permit application

[Section 153 Substituted by No. 33 of 2015, s. 20, Applied:01 Jan 2016]

(1)  The Minister is to determine a permit application –

(a) within 12 weeks after the day on which the application is made; or

(b) within such longer period as the Minister and applicant, before the end of that 12-week period, agree.

(2)  For the purposes of calculating the 12-week period or longer period referred to in subsection (1) , the following periods are not to be taken into account:

(a) if the Director under section 27(2) of the EMPC Act directs that the details of the proposed dam works under the permit application be referred to the EPA Board – the period commencing on the day on which the Minister receives notification under section 148(2) that the Director has so directed the referral and ending –

(i) if an appeal to the Appeal Tribunal is not lodged under section 27(7) of the EMPC Act – on the day on which the period within which such an appeal may be lodged expires; or

(ii) if an appeal to the Appeal Tribunal is lodged under section 27(7) of the EMPC Act – on the day on which the Minister receives notice of the determination of the appeal;

(b) if the Minister has, under section 149(1) , required the applicant to provide further information or take action, or both – the period commencing on the day on which the Minister makes that requirement and ending –

(i) on the day on which the Minister is satisfied that he or she has received all further information, and that all actions have been taken, in accordance with a requirement of a notice under section 149(1) ; or

(ii) if a review under Part 14 is lodged against the requirement and the review is determined in favour of the applicant – on the day on which the applicant receives notice of the determination of the review;