Section 39: Decision of Agency

(1)
Following the submission of a report by a mediator or a review panel or the referral of a project back to the Agency pursuant to section 25(b) of this Act, the Agency shall take one of the following courses of action in relation to the project, that is-
(a)
where in the opinion of the Agency-
(i) the project is not likely to cause significant adverse environmental effect, or
(ii) any such effect can be mitigated or justified in the circumstances,
the Agency may exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part and shall ensure that any mitigation measures that the Agency considers appropriate are implemented; or
(b) where, in the opinion of the Agency, the project is likely to cause significant adverse environmental effects that cannot be mitigated and cannot be justified in the circumstances, the Agency shall not exercise any power or perform any duty or function conferred on it by or 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, it 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 measure that the Agency considers appropriate in respect of the project is implemented.