149ZCEMinister to decide if adverse effects likely to be more than minor

1. For the purpose of deciding under section 149ZCB(2)(a) whether an activity will have or is likely to have adverse effects on the environment that are more than minor, the Minister—

2. must disregard any effects on persons who own or occupy—
   1. the land in, on, or over which the activity will occur or apply; or
   2. any land adjacent to that land; and
3. may disregard an adverse effect of the activity if a rule or national environmental standard permits an activity with that effect; and
4. in the case of a controlled activity or a restricted discretionary activity, must disregard an adverse effect of the activity that does not relate to a matter for which a rule or national environmental standard reserves control or restricts discretion; and
5. must disregard trade competition and the effects of trade competition; and
6. must disregard any effect on a person who has given written approval in relation to the relevant application or notice.

Notes

• Section 149ZCE: inserted, on 18 October 2017, by section 154 of the Resource Legislation Amendment Act 2017 (2017 No 15).