Queensland Consolidated Acts

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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 49

49 Decision on whether EIS may proceed

(1) The chief executive must, within the period prescribed under a regulation, consider the submitted EIS and decide whether to allow it to proceed under division 4.

(2) The chief executive may allow the EIS to proceed only if the chief executive considers it addresses the final terms of reference in an acceptable form.

(3) If the decision is to allow the EIS to proceed, the chief executive may also fix a minimum period for the making of submissions about the EIS.

(4) However, the period fixed must be at least 30 business days and must end at least 30 business days after the EIS notice is published.

(5) The chief executive must, within 10 business days after the decision is made, give the proponent written notice of the decision and of any submission period fixed.

(6) If the decision is to refuse to allow the EIS to proceed, the notice must also state—

(a) the reasons for the decision; and
(b) that the proponent may, under section 50, apply to the Minister to review the decision; and
(c) how to apply for a review.


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