8Conditions precedent to Ministerial recommendation

8 Conditions precedent to Ministerial recommendation

(1)  The Minister may not make a recommendation under section 7(1) that a project be declared to be a major infrastructure project unless –

(a) the project wholly or principally comprises the construction of one or more of the following:

(i) a road;

(ii) a railway;

(iii) a pipeline;

(iv) a powerline, within the meaning of the Electricity Supply Industry Act 1995 ;

(v) a telecommunications cable or link;

(vi) such other linear infrastructure as may be prescribed; and

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

(c) the Minister has given the council of each municipal area within which the project is proposed at least 28 days' notice of the Minister's intention to make the recommendation and has considered any representations made by any such council following receipt of the notice; and

(d) the Minister is satisfied that it is in the public interest for the declaration 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.

(3)  Notice given to a council under subsection (1)(c) is to include –

(a) a copy of the report received by the Minister under section 8(1)(b) ; and

(b) a statement of the Minister's reasons for proposing that the project be declared to be a major infrastructure project; and

(c) a draft of the order that the Minister proposes to recommend.