7CConditions precedent to Ministerial recommendation

7C Conditions precedent to Ministerial recommendation

[Section 7C Inserted by No. 108 of 1999, s. 25, Applied:22 Dec 1999]

(1)  The Minister may not make a recommendation under section 7B(1) that an order be made which authorises the acquisition of land for the purposes of infrastructure to be constructed or operated by a person other than the Crown unless –

(a) the Minister has received a report from the proponent which provides a comprehensive description of the proposed infrastructure and contains such information in relation to the proposed infrastructure as may be prescribed; and

(b) that report –

(i) is accompanied by the written consent of the owner of the land to the making of the proposed order; or

(ii) states that it has not been possible to obtain such consent and explains why this has not been possible; and

(c) the Minister has given the owner of the land at least 14 days' notice of the Minister's intention to make the recommendation; and

(d) the Minister is satisfied that it is in the public interest for the proposed order to be made.

(2)  In determining whether it is in the public interest for the proposed order to be made, the Minister must have regard to such matters as may be prescribed.