sec.55Authority’s decision

### sec.55 Authority’s decision After making an assessment about the prescribed decision or prescribed process, the authority may— if the decision has not been made or the process has not been undertaken by the decision-maker— make the decision or undertake the process; or send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or otherwise— confirm or amend the decision; or cancel the decision and substitute a new decision. In acting under subsection (1) , the authority may, for the prescribed decision, impose conditions it considers necessary or desirable having regard to— the nature of the declared project, or development in the reconstruction area, to which the decision relates; and the matters mentioned in section 54 (1) (c) the authority considered for the decision. If the authority receives a recommendation under section 53 (4) to impose a condition in relation to the prescribed decision, the authority must impose the condition unless the Minister directs otherwise. For a condition imposed under this section, the authority may nominate an entity that is to have jurisdiction, under the relevant law for the prescribed decision, for the condition. An entity may be nominated for 1 or more of the conditions. If the authority nominates an entity under subsection (4) , the authority must give each of the following notice of the nomination— the entity; the decision-maker and the applicant for the prescribed decision. Subject to this subdivision, the relevant law for the prescribed decision or process applies to the making of the authority’s decision under this section. s 55 amd 2016 No. 27 s 403 (sec.55-ssec.1) After making an assessment about the prescribed decision or prescribed process, the authority may— if the decision has not been made or the process has not been undertaken by the decision-maker— make the decision or undertake the process; or send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or otherwise— confirm or amend the decision; or cancel the decision and substitute a new decision. (sec.55-ssec.2) In acting under subsection (1) , the authority may, for the prescribed decision, impose conditions it considers necessary or desirable having regard to— the nature of the declared project, or development in the reconstruction area, to which the decision relates; and the matters mentioned in section 54 (1) (c) the authority considered for the decision. (sec.55-ssec.3) If the authority receives a recommendation under section 53 (4) to impose a condition in relation to the prescribed decision, the authority must impose the condition unless the Minister directs otherwise. (sec.55-ssec.4) For a condition imposed under this section, the authority may nominate an entity that is to have jurisdiction, under the relevant law for the prescribed decision, for the condition. (sec.55-ssec.5) An entity may be nominated for 1 or more of the conditions. (sec.55-ssec.6) If the authority nominates an entity under subsection (4) , the authority must give each of the following notice of the nomination— the entity; the decision-maker and the applicant for the prescribed decision. (sec.55-ssec.7) Subject to this subdivision, the relevant law for the prescribed decision or process applies to the making of the authority’s decision under this section. - (a) if the decision has not been made or the process has not been undertaken by the decision-maker— (i) make the decision or undertake the process; or (ii) send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or (iii) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or - (i) make the decision or undertake the process; or - (ii) send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or - (iii) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or - (b) otherwise— (i) confirm or amend the decision; or (ii) cancel the decision and substitute a new decision. - (i) confirm or amend the decision; or - (ii) cancel the decision and substitute a new decision. - (i) make the decision or undertake the process; or - (ii) send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or - (iii) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or - (i) confirm or amend the decision; or - (ii) cancel the decision and substitute a new decision. - (a) the nature of the declared project, or development in the reconstruction area, to which the decision relates; and - (b) the matters mentioned in section 54 (1) (c) the authority considered for the decision. - (a) the entity; - (b) the decision-maker and the applicant for the prescribed decision.