12Criteria for determination of application for permit in respect of use or development comprised in major infrastructure project

12 Criteria for determination of application for permit in respect of use or development comprised in major infrastructure project

(1)  If an order under section 7(2) is made, a planning authority must determine an application for a permit in respect of a use or development comprised in the major infrastructure project in accordance with planning criteria established under this section.

(2)  If an order under section 7(2) is made, the planning authority which is to administer the planning approval process in respect of the major infrastructure project must provide a draft of the planning criteria, against which any use or development comprised in the major infrastructure project is to be assessed, to the Commission and to the proponent within 42 days, or such further period as the Minister may allow, of –

(a) the receipt by the planning authority of notice from the Minister under section 7(7) ; or

(b) where the planning authority is a combined planning authority, the date on which the combined planning authority is established.

(3)  The Commission must –

(a) cause a copy of draft criteria which are provided to it under subsection (2) to be placed on public exhibition at its office for a period of at least 14 days; and

(b) advertise, as prescribed, the exhibition of the draft criteria.

(4)  If draft criteria are placed on public exhibition, representations in relation to the draft criteria may be submitted to the Commission by any person before the expiration of the period referred to in subsection (3) .

(5)  Within 7 days of the conclusion of the period referred to in subsection (3) , or such further period as the Minister may allow, the Commission must –

(a) finalise the criteria; and

(b) inform the planning authority of the finalised criteria –

making such changes to the draft criteria as it sees fit, having regard to any relevant planning scheme or special planning order and any representations received by the Commission within that period.