Modification of Minister’s approval
5.25 Modification of Minister’s approval
In this section—
Minister’s approval means an approval to carry out State significant infrastructure under this Division, and includes an approval granted on the determination of a staged infrastructure application.
modification of an approval means changing the terms of the approval, including revoking or varying a condition of the approval or imposing an additional condition on the approval.
The proponent may request the Minister to modify the Minister’s approval for State significant infrastructure. The Minister’s approval for a modification is not required if the infrastructure as modified will be consistent with the existing approval under this Division.
Note.
Section 380AA of the Mining Act 1992 provides that a request for the modification of approval for State significant infrastructure for the mining of coal can only be made by or with the consent of the holder of an authority under that Act in respect of coal and the land concerned.
The request for the Minister’s approval is to be lodged with the Planning Secretary. The Planning Secretary may notify the proponent of environmental assessment requirements with respect to the proposed modification that the proponent must comply with before the matter will be considered by the Minister.
The Minister may modify the approval (with or without conditions) or disapprove of the modification.
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