Assessment of essential infrastructure and State agency development

In force

(1)

The

Minister may, by notice in the Gazette, on application or on the

Minister's own initiative, in relation to a declared project make either of the following declarations:

(a)

a declaration that an application for an approval under section 130 of the Planning,

Development and Infrastructure Act 2016 for development of a kind referred to in section 130(1) of that

Act relating to a declared project may be made to CGO (instead of the Commission);

(b)

a declaration that an application for an approval under section 131 of the Planning,

Development and Infrastructure Act 2016 for development of a kind referred to in section 131(2) of that

Act relating to a declared project may be made to CGO (instead of the Commission).

(2)

Before publishing a notice under subsection (1), the Minister must consult with CGO.

(3)

If—

(a)

the

Minister makes a declaration under subsection (1)(a), section 130 of the Planning,

Development and Infrastructure Act 2016 applies in relation to the development as if a reference to the

Commission were a reference to CGO; and

(b)

the

Minister makes a declaration under subsection (1)(b), section 131 of the Planning,

Development and Infrastructure Act 2016 applies in relation to the development as if a reference to the

Commission were a reference to CGO.

(4)

Despite any other provision of this Act, a disallowable notice cannot modify or exclude—

(a)

a provision of section 130 of the Planning,

Development and Infrastructure Act 2016 in relation to a declared project the subject of a declaration under subsection (1)(a);

(b)

a provision of section 131 of the Planning,

Development and Infrastructure Act 2016 in relation to a declared project the subject of a declaration under subsection (1)(b).

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