Section 21: Decision of the Agency

(1) After completion of a screening report in respect of a project, the Agency shall take one of the following courses of action, that is-
(a) where, in the opinion of the Agency;
(i) the project is not likely to cause significant adverse environmental effects, or
(ii) any such effect can be mitigated,
the Agency may exercise any power or perform any duty or function that would permit the project to be carried out and shall ensure that any mitigation measures that the Agency considers appropriate are implemented;
(b)
where, in the opinion of the Agency;
(i) the project is likely to cause significant adverse environmental effects that may not be mitigable; or
(ii) public concerns respecting the environmental effects of the project warrant it,
the Agency shall refer the project to the Council for a referral to mediation or a review panel in accordance with section 25 of this Act; or
(c) where, in the opinion of the Agency, the project is likely to cause significant adverse environmental effects that cannot be mitigated, the Agency shall not exercise any power or perform any duty or function conferred on it under any enactment that would permit the project to be carried out in whole or in part.
(2)
For greater certainty, where the Agency takes a course of action referred to in subsection (1) (a) of this section, the Agency shall exercise any power and perform any duty or function conferred on it by or under any enactment in a manner that ensures that any mitigation measures that the Agency considers appropriate in respect of the project are implemented.
(3)
Before taking a course of action in relation to a project pursuant to subsection (1) of this section, the Agency shall give the public an opportunity to examine and comment on the screening report and any record that has been filed in the public registry established in respect of the project pursuant to section 51 of this Act and shall take into consideration any comments that are filed.