State Policies and Projects Act 1993

In this section,amending order means an order which amends or revokes an order made under section 26(6) or (8) or section 26A or an order which is made in substitution for an order made under section 26(6) or (8) or section 26A.

The Minister may give a written direction to the Commission requiring it to advise whether or not an amending order should be made.

Where the Commission receives a direction under subsection (2), it must provide the Minister, within the time specified by the Minister in the direction, with a report advising whether or not an amending order should be made.

The Commission may of its own volition provide the Minister with a report recommending that an amending order should be made.

Where a report of the Commission recommends that an amending order should be made which would include conditions subject to which the project of State significance may proceed, the report must specify – those conditions; and the Act pursuant to which, and the permit, licence or other approval in which, each condition would normally be imposed; and the agency responsible for the enforcement of each condition.

The Commission must publish notice of a report to the Minister under subsection (3) or (4) in the Gazette and must make the report publicly available.

The Minister must make a decision with respect to a report under subsection (3) or (4) within 28 days of receiving it.

The Minister may recommend to the Governor the making of an order in accordance with a report of the Commission under subsection (3) or (4).

The Governor may make an order in accordance with the recommendation of the Minister.

If the Governor makes an order under subsection (9), the Minister must publish a notice in the Gazette specifying the details of the order.

Subject to subsection (13), the order takes effect on the date of publication of the notice in the Gazette.

If the order relates to an order which was approved by resolution of each House of Parliament under section 26(9), the Minister must cause the notice referred to in subsection (10) and the order to be laid before each House of Parliament within the first 10 sitting days of the House after the notice has been published.

If either House of Parliament passes a resolution within the first 3 sitting days after the notice referred to in subsection (12) is laid before it that the order be disallowed, the order is void and, from the date of disallowance, the order ceases to have effect.