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5A.—(1) A person who applies for a permit under section 5 shall, within 21 days after so applying, publish a notice of the application in a newspaper circulating in the area adjacent to the site of the proposed dumping (and where dredging is proposed in the maritime area of any substance or material for dumping in the maritime area, publish the notice also in a newspaper circulating in the area adjacent to the site of the proposed dredging) or, if no newspaper is circulating in those areas, then in a newspaper circulating nationally or such other newspaper as, in the opinion of the Minister, is likely to bring the proposal to the attention of persons who may be affected in the areas.
(2) A notice under subsection (1) shall contain a brief sketch map showing the location of the proposed site or sites and the approximate distance therefrom to a specified place on the mainland and brief details of the commencement and duration of the proposed activity, the characteristics, composition and the approximate amounts of any substance or material involved and the method of the proposed dredging or dumping as the case may be, and indicate where any relevant documentation in relation to the proposal may be inspected or a copy thereof may be obtained at a reasonable cost.
(3) Except in a case of dredging which, in the opinion of the Minister, is urgently required for the purposes of navigational safety and is specified in a notice under subsection (1), which is published in a newspaper circulating nationally, to be of an urgent nature for the reason or reasons stated in the notice, a person may, in writing, within—
(a) in the case of proposed dredging, over a period of not more than 12 months, for the maintenance of navigable depths, 21 days, or
(b) in any other case, 1 month,
after the date on which a notice under subsection (1) is published, make a submission or observations to the Minister about the proposal.
(4) A submission or observations under subsection (3) shall—
(a) state the name and address of the person making the submission or observations,
(b) state the grounds for the submission or observations and any considerations and arguments on which it or they are based, and
(c) be accompanied by such documents, particulars or other information the person considers are necessary or appropriate for the consideration by the Minister of the application.
(5) The Minister shall, within 10 working days after the period within which a submission or observations may be made under subsection (3), give to the applicant for the permit, for comment, a copy of the submission or observations and any accompanying documents, particulars or other information provided.
(6) Except in a case of dredging which, in the opinion of the Minister, is urgently required for the purposes of navigational safety and is specified in a notice under subsection (1), which is published in a newspaper circulating nationally, to be of an urgent nature for the reason or reasons stated in the notice, the Minister shall not consider an application referred to in that subsection until after—
(a) the period specified in subsection (3) in respect of the proposed dredging, after publication of the notice, and
(b) the period of 21 days after a copy of any submission or observations has been given to the applicant under subsection (5) or, if the applicant responds to the Minister on the submission or observations before the end of that period, the date the Minister receives the response.
(7) The Minister shall cause to be published by electronic means—
(a) all applications received for permits on or after 1 August 2004, together with a copy of the notice published under subsection (1) in relation thereto,
(b) all submissions or observations under subsection (3) in relation to such applications, together with any comments of the applicants thereon under subsection (5) on or after 1 August 2004, and
(c) all decisions made on or after 1 January 2004 on applications for permits or to amend or revoke a permit.”.
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