60ZZMBPower of Panel to correct certain failures of procedure under this Division

60ZZMB Power of Panel to correct certain failures of procedure under this Division

[Section 60ZZMB Inserted by No. 33 of 2022, s. 26, Applied:17 May 2023]

(1)  In this section –

notice does not include a notice required under this Division to be given in the Gazette.

(2)  The performance or exercise by a person or body of a function or power under this Division is not invalid by reason only that a notice required under a provision of this Division to be given or provided to a person or body other than the Minister, a relevant regulator or the Panel –

(a) was not given or provided to the person or body; or

(b) was not given or provided to the person or body within the period in which, under this Division, the notice was required to be given or provided.

(3)  If –

(a) a major project permit has not been issued in relation to a major project; and

(b) it appears to the Panel that a person or body (other than the Minister, a relevant regulator or the Panel) to whom a notice, in relation to the major project, is required to be given or provided under a provision of this Division –

(i) has not been given or provided with the notice under the provision; or

(ii) has not been given or provided with the notice within the period in which, under this Division, the notice was required to be given or provided to the person –

the Panel may, under subsection (4) , issue a notice to the person.

(4)  The Panel may issue a notice to a person inviting the person to make, within the period of not less than 21 days specified in the notice, a representation to the Panel in relation to either or both of the following:

(a) whether a major project permit ought to be granted in relation to the major project;

(b) as to any conditions or restrictions that the person considers ought to be imposed on such a permit if granted.