68Application for certification

68 Application for certification

S. 68(1) substituted by No. 41/2021 s. 123.

(1) The person who submitted the capacity expansion proposal to the Ports Minister (the applicant) may apply to the Commission for it to certify the proposal if—

(a) the Minister has refused to approve the proposal; or

(b) the Minister has failed to make a decision under section 66 within the time required by that section.

S. 68(1A) inserted by No. 41/2021 s. 123.

(1A) An application under subsection (1) must be made—

(a) if the Ports Minister has refused to approve the proposal, within 3 months after the refusal; or

(b) if the Ports Minister has failed to make a decision under section 66, within 3 months after the time the Minister was required to make the decision by that section.

(2) An application must attach a copy of the capacity expansion proposal.

(3) If there are guidelines in effect under section 64 in respect of the form and content of a capacity expansion proposal, the capacity expansion proposal that the applicant attaches to the application must accord with the guidelines.