66Approval of material increases in capacity for the handling of international containers at the port of Melbourne

66 Approval of material increases in capacity for the handling of international containers at the port of Melbourne

(1) Subject to this section, a port lessee or the port of Melbourne operator (a proponent) may submit a capacity expansion proposal to the Ports Minister.

(2) A capacity expansion proposal that is submitted under subsection (1) must only be for a material port or terminal capacity expansion.

(3) A capacity expansion proposal cannot be submitted under subsection (1) for a port or terminal capacity expansion in respect of which works have commenced.

(4) If there are guidelines in effect under section 64 in respect of the form and content of a capacity expansion proposal, the proponent must submit a capacity expansion proposal under subsection (1) that accords with the guidelines.

(5) On receiving a capacity expansion proposal, the Ports Minister may approve or refuse to approve the proposal.

(6) The Ports Minister must make a decision under subsection (5) within 6 months after receiving the capacity expansion proposal.

(7) The Ports Minister must—

(a) notify, in writing, the proponent of the Minister's decision under subsection (5) and give the proponent the Minister's written reasons for the decision; and

(b) as soon as practicable after that, publish—

(i) notice of the making of a decision under subsection (5) in the Government Gazette and on the Department's Internet site; and

(ii) a decision under subsection (5) (including the reasons for the decision) on the Department's Internet site.

(8) An approval of a capacity expansion proposal under this section is not to be regarded as—

(a) authorising or approving, or not authorising or approving, works for the port or terminal capacity expansion to which the proposal relates; or

(b) requiring any person to commence works for a port or terminal capacity expansion to which the proposal relates.