90Planning Minister to make determination on application

90 Planning Minister to make determination on application

S. 90(1) substituted by No. 49/2013 s. 44(1).

(1) On receiving an application under section 89, the Planning Minister must make a determination—

(a) to grant the variation, subject to any conditions the Planning Minister thinks fit; or

(b) to refuse to grant the variation.

(2) In making a determination under subsection (1), the Planning Minister must have regard to the nature of the variation sought.

S. 90(3) substituted by No. 49/2013 s. 44(2).

(3) For the purposes of making a determination under subsection (1), the Planning Minster may do any of the following—

(a) request further information about the variation and any other related matter from the project authority;

(b) consult with any person or body that the Minister considers has an interest in the declared project or proposed variation;

(c) direct the project authority to consult with any person or body that the Minister considers has an interest in the declared project or proposed variation, in a manner directed by the Minister and to provide a report to the Minister on the outcome of the consultation;

(d) seek comments on the proposed variation from any applicable law decision maker relevant to the proposed variation;

(e) consult with any person or body that the Planning Minister considers has the necessary training or expertise to advise on the proposed variation;

(f) if in granting the variation, the Planning Minister considers that exceptional circumstances exist, specify to the project authority which of the provisions of the impact management plan assessment process or comprehensive impact statement process (with any necessary modifications) will apply to the variation sought.

(4) Notice of the making of a determination under subsection (1) must be published—

(a) in the Government Gazette; and

(b) on the Department's Internet site.

See also section 84(2).

S. 91 amended by No. 49/2013 s. 45.