42Decision on approval of draft variation

42 Decision on approval of draft variation

(1) If the responsible Commonwealth Minister receives a draft variation of an approved site plan under this Division, the Minister must: (a) approve the draft variation; or (b) refuse to approve the draft variation. (2) The Minister may approve the draft variation if the Minister is reasonably satisfied that: (a) if the draft variation was prepared under section 36, 37 or 41 of this instrument—the approved site plan should be varied as set out in the draft variation; or (b) if the draft variation was prepared under section 39 of this instrument—the draft variation would remove the inconsistency with the direction under section 376, 380 or 383 of the Act (as applicable) in relation to which the draft variation was prepared; or (c) if the draft variation was prepared under section 40 of this instrument: (i) the draft variation would address the circumstance in relation to which the draft variation was prepared; and (ii) if the circumstance in relation to which the draft variation was prepared is mentioned in item 2 of the table in subsection 40(1) of this instrument—the approved site plan, as varied by the draft variation, would meet the criteria set out in Division 2 of this Part. (3) In deciding whether to approve the draft variation, the Minister may have regard to any other matters the Minister considers relevant.