State Development and Public Works Organisation Act 1971

This section states, for a prescribed decision to which a State significance notice relates, the process for the decision maker to consult with the Minister before making the decision.

The decision maker must give the Minister a written notice stating—

the decision the decision maker proposes to make, and any conditions the decision maker proposes to impose on the decision; and

how the matters mentioned in section 76RC were taken into account in deciding the matters mentioned in paragraph (a).

If the State significance notice states the period within which a written notice mentioned in subsection (2) must be given to the Minister, the notice must be given to the Minister within the stated period.

The Minister must, as soon as practicable after receiving the written notice under subsection (2), give the decision maker a written notice either—

giving advice to be considered by the decision maker; or

notifying the decision maker that the Minister has no advice.

The written notice given under subsection (4) must state the day on which the decision maker must make the prescribed decision.

If the Minister gives a written notice under subsection (4)(a), the decision maker must, before making the prescribed decision, consider whether any changes should be made to the proposed decision, or the proposed conditions, mentioned in subsection (2)(a), having regard to the advice.

Subsection (8) applies if the Minister does not give a written notice under subsection (4) within 15 business days after receiving the written notice under subsection (2) (the advice period).

The Minister is taken to have given a notice under subsection (4)(b) on the last day of the advice period.