77Approval decisions

77 Approval decisions

(1) Subject to this Division, on receiving an impact management plan or assessment committee recommendation, the Planning Minister must make a decision (an approval decision) whether to—

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

(b) refuse 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) In making an approval decision, the Planning Minister must—

(a) in the case where the Minister receives an assessment committee recommendation, have regard to—

(i) the assessment committee recommendation; and

S. 77(2)(a)(ii) amended by No. 49/2013 s. 41(1)(a).

(ii) the advice of the EPA under section 64; and

S. 77(2)(b) repealed by No. 49/2013 s. 41(1)(b).

S. 77(2)(c) amended by No. 49/2013 s. 41(1)(c).

(c) subject to subsection (3), in every case, have regard to the applicable law criteria under an applicable law.

S. 77(3) amended by No. 49/2013 s. 41(2).

(3) Subsection (2)(c) 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.