42Consideration of comprehensive impact statement by Secretary

42 Consideration of comprehensive impact statement by Secretary

S. 42(1) amended by No. 49/2013 s. 25(2).

(1) The Secretary, within 10 business days after receiving a comprehensive impact statement, must make a written determination (a review determination) as to whether the comprehensive impact statement can be released for public exhibition under Subdivision 4.

S. 42(2) amended by No. 49/2013 s. 25(3).

(2) The Secretary, in a review determination, may determine that a comprehensive impact statement may be released for public exhibition under Subdivision 4 only if the Secretary is satisfied that the statement is adequate to be released for that purpose.

S. 42(3) amended by No. 49/2013 s. 25(4).

(3) In order to be satisfied that a comprehensive impact statement is adequate to be released for public exhibition, the Secretary must be satisfied the statement meets the requirements set out in section 39.

S. 42(4) amended by No. 49/2013 s. 25(5)(a).

(4) For the purpose of determining whether a comprehensive impact statement meets the requirements set out in section 39(f), (g) and (h), the Secretary may consult with—

(a) any applicable law decision maker empowered to grant an applicable approval that is necessary for the declared project or a part of the declared project to be developed and to which the comprehensive impact statement relates; and

S. 42(4)(b) amended by No. 49/2013 s. 25(5)(b).

(b) any other person who the Secretary considers has the necessary experience or training to advise the Secretary in respect of the matters the Secretary must consider in making a review determination.

S. 42(5) amended by No. 49/2013 s. 25(6).

(5) In a review determination, the Secretary may direct the project proponent to revise an assessment, or the presentation of an assessment or finding, contained in the comprehensive impact statement if the Secretary is of the view that the assessment or presentation is not adequate to be released for public exhibition.

(6) A review determination must be—

(a) given to the project proponent; and

(b) published on the Department's Internet site.

S. 42(7) repealed by No. 49/2013 s. 25(7).

S. 42A inserted by No. 49/2013 s. 26.