7EEffect of order

7E Effect of order

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

(1)  An authorisation given to the Minister by an order under section 7B(2) is an authorisation for the purposes of section 4(1) .

(2)  Land may not be acquired pursuant to an order under section 7B(2) until a permit in connection with the proposed infrastructure has been granted in respect of that land.

(3)  If an order under section 7B(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required –

(a) section 52(1) of that Act and any provisions of the relevant planning scheme or special planning order which require the giving of notice to the owner of land in respect of which a permit is sought do not apply; and

(b) notice of the making of an application for a permit in connection with the development of the proposed infrastructure on the land to which the order relates is, at least 14 days before the making of the application, to be served by the applicant on the owner of the land in respect of which the permit is required.

(4)  A notice for the purpose of subsection (3)(b) is to contain such information as may be prescribed.

(5)  If an order under section 7B(2) declares that compliance with section 52(1) of the Land Use Planning and Approvals Act 1993 is not required, a planning authority which receives an application for a permit in connection with the proposed infrastructure must not accept that application unless it is satisfied that the requirements of subsections (3) and (4) have been met.

(5A)  [Section 7E Subsection (5A) inserted by No. 19 of 2001, s. 11, Applied:12 Apr 2001] If an order under declares that compliance with is not required, a request by the proponent for the amendment of a permit granted in connection with the proposed infrastructure may be made under without the consent of the owner of the land to which the permit relates.