73Assessment committee recommendations

73 Assessment committee recommendations

(1) An assessment committee established for a declared project, by written report to the Planning Minister, must recommend to the Planning Minister (an assessment committee recommendation) as to whether the Minister should make an approval decision that—

(a) grants all or some of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed (with or without conditions); or

(b) refuses to grant all of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed.

(2) An assessment committee must not make an assessment committee recommendation that is inconsistent with the committee's terms of reference.

(3) If an assessment committee recommendation recommends that the Planning Minister grant all or some of the applicable approvals that are required for the declared project or a part of the declared project to be developed but with conditions, the recommendation must specify—

(a) the conditions; and

(b) the relevant applicable law under which the conditions are being imposed; and

(c) the person or body authorised under the relevant applicable law to administer compliance with the conditions.

(4) In making an assessment committee recommendation, an assessment committee must have regard to—

(a) the project proposal; and

(b) the comprehensive impact statement; and

(c) all properly made submissions; and

(d) any issues raised in, as the case requires—

(i) meetings and correspondence referred to in section 56; and

(ii) a preliminary hearing; and

(iii) a formal public hearing; and

(e) the comments of the persons the committee was directed by the Planning Minister to consult with under this Division; and

(f) any consultation with or advice received from an applicable law decision maker under this Division; and

S. 73(4)(g) amended by No. 49/2013 s. 39(1).

(g) subject to this section, every applicable law relevant to the declared project, including the applicable law criteria under that law.

(5) In addition, in making an assessment committee recommendation, an assessment committee may have regard to any other matter the committee considers relevant.

S. 73(6) amended by No. 49/2013 s. 39(2).

(6) Subsection (4)(g) applies despite anything to the contrary in the applicable law that requires the relevant applicable law decision maker under that law to do anything other than have regard to the applicable law criteria.