Utility interface powers in relation to planning development of precincts
201QR Utility interface powers in relation to planning development of precincts
For the purposes of planning a development or proposed development, or works program or proposed works program, that may be declared to be a precinct project, the Secretary to the Department has the functions and powers of a project authority under Divisions 1 and 2 of Part 7 of the Major Transport Projects Facilitation Act 2009.
For the purposes of subsection (1)—
a reference to a project authority is to be read as a reference to the Secretary to the Department; and
a reference to the development of the declared project is to be read as a reference to the development or proposed development, or works program or proposed works program, within an area or areas specified in a notice under section 201QS; and
section 211A(2)(a) of the Major Transport Projects Facilitation Act 2009 is to be read as if for "that the project authority considers may form part of the project area" there were substituted "that are specified in a notice published by the Secretary to the Department under section 201QS".
If before a precinct project declaration takes effect, the Secretary to the Department performs a function or exercises a power under subsection (1) in relation to utility infrastructure in an area that becomes the project area or part of a project area specified under the declaration, on the taking effect of the declaration—
the performance of the function or exercise of the power is taken to have been exercised or performed by the project authority for the precinct project under Part 7 of the Major Transport Projects Facilitation Act 2009 for the purposes of the precinct project described in that declaration; and
a reference to the Secretary in any notice given by the Secretary under section 211A of the Major Transport Projects Facilitation Act 2009 is to be read as reference to the project authority for the precinct project.
S. 201QS inserted by No. 48/2024 s. 45.
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