The result of the review stated in articles 38 and 39 shall be notified to the applicant by secured consignment within thirty days of the day after the date on which the permit application was submitted or following receipt of the missing information or documents.
The decision that an environmental impact assessment has to be conducted for the project shall ipso jure imply the incompleteness of the permit application and lead to the stoppage of the licensing procedure.
If the result of the review stated in article 39 has not been sent to the party that submitted the permit application within the time limit stated in subparagraph 1, the competent licensing authority shall, within ninety days of the day after the date on which the permit application was submitted or following receipt of the missing information or documents, expressly rule on whether an environmental impact assessment needs to be conducted. If it decides that an environmental impact assessment needs to be conducted, it shall declare the permit application incomplete and without object and stop the procedure.
An administrative appeal as stated in Chapter 3 cannot be lodged against a decision that an environmental impact assessment needs to be conducted, the permit application is incomplete and without object and against the stoppage of the procedure.
If the competent authority stated in article 15 or the municipal, provincial or regional environmental officer decides that an environmental impact assessment of the project must be conducted, the applicant can submit a reasoned request to have the reporting requirement lifted to the division responsible for environmental impact assessments in accordance with the procedure stated in article 4.3.3, § 3 to § 9 inclusive of the DABM. The decision of the division competent for environmental impact assessment, stated in Article 4.3.3, § 6, of the same decree, is binding on the competent authority, stated in Article 15, or the municipal, provincial or regional environmental officer.