31Planning Minister may request further information or public comment and submissions in exceptional circumstances

31 Planning Minister may request further information or public comment and submissions in exceptional circumstances

S. 31(1) amended by No. 49/2013 s. 18(1)(a).

(1) The Planning Minister may—

S. 31(1)(a) amended by No. 49/2013 s. 18(1)(b).

(a) within 10 business days after making a comprehensive impact statement determination, by written notice given to the project proponent, request further information from the project proponent for the purpose of preparing the scoping directions for the comprehensive impact statement for the proponent's declared project; or

S. 31(1)(b) amended by No. 49/2013 s. 18(1)(c).

(b) within 5 business days after making a comprehensive impact statement determination, invite, by notice published in a newspaper circulating generally throughout Victoria and on the Department's Internet site, the public to make written comment on, or make written submissions in respect of, a draft of the scoping directions within 15 business days after the date of the notice.

(2) A notice under subsection (1)(a) must specify the further information that is to be provided by the project proponent.

(3) If a notice is published under subsection (1)(b), the Planning Minister must publish on the Department's Internet site a draft of the scoping directions.

(4) The Planning Minister may—

(a) request further information from the project proponent under subsection (1)(a) only if the Minister considers that there are exceptional circumstances such that the Minister considers it necessary to re quest that further information;

(b) invite comments and submissions from the public under subsection (1)(b) only if—

(i) the Minister considers that there are exceptional circumstances such that the Minister considers it necessary to seek those comments and submissions; or

S. 31(4)
(b)(ii) amended by No. 49/2013 s. 18(2).

(ii) the comprehensive impact statement assessment process is a process to which section 47(1) or 87(4) of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth applies.

(5) When preparing the scoping directions, the Planning Minister must consider every comment or submission the Minister receives in response to an invitation under subsection (1)(b) within the period of time stated in that subsection.