QLDIn ForceAct
State Development and Public Works Organisation Act 1971
sec.153AAApplication for approval of project as a private infrastructure facility and for Coordinator-General to take land
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### sec.153AA Application for approval of project as a private infrastructure facility and for Coordinator-General to take land
The proponent of a project that is an infrastructure facility may apply to the Coordinator-General for approval of the project as a private infrastructure facility and to take land required for the private infrastructure facility (a private infrastructure facility application ) if—
each of the following apply—
the project has been declared a coordinated project for which an EIS is required under section 26 (1) (a) ;
the Coordinator-General has publicly notified the Coordinator-General’s report for the project;
the report has not lapsed;
the area of land identified as required for the infrastructure facility is consistent with the land assessed in the EIS for the project; or
both of the following apply—
the Coordinator-General is satisfied that adequate environmental assessment has been carried out for the project in accordance with an environmental assessment process under an Act, other than this Act, or under a Commonwealth Act;
the area of land identified as required for the infrastructure facility is consistent with the land assessed in the document, similar to an EIS, to which the process relates.
A private infrastructure facility application must—
address the matters mentioned in section 153AC (2) ; and
include enough information about the project to allow the Governor in Council to assess the matters mentioned in that section; and
identify the land (the subject land ) that the proponent is applying to the Coordinator-General to acquire; and
include evidence that the proponent has given written notice of the application to the registered owner of the subject land; and
be accompanied by the fee prescribed under a regulation.
A private infrastructure facility application is a properly made application only if the Coordinator-General is satisfied it complies with subsection (2) .
Sections 153AB to 153AD apply to a private infrastructure facility application only if it is a properly made application.
s 153AA ins 2012 No. 43 s 314
amd 2014 No. 40 s 59
(sec.153AA-ssec.1) The proponent of a project that is an infrastructure facility may apply to the Coordinator-General for approval of the project as a private infrastructure facility and to take land required for the private infrastructure facility (a private infrastructure facility application ) if— each of the following apply— the project has been declared a coordinated project for which an EIS is required under section 26 (1) (a) ; the Coordinator-General has publicly notified the Coordinator-General’s report for the project; the report has not lapsed; the area of land identified as required for the infrastructure facility is consistent with the land assessed in the EIS for the project; or both of the following apply— the Coordinator-General is satisfied that adequate environmental assessment has been carried out for the project in accordance with an environmental assessment process under an Act, other than this Act, or under a Commonwealth Act; the area of land identified as required for the infrastructure facility is consistent with the land assessed in the document, similar to an EIS, to which the process relates.
(sec.153AA-ssec.2) A private infrastructure facility application must— address the matters mentioned in section 153AC (2) ; and include enough information about the project to allow the Governor in Council to assess the matters mentioned in that section; and identify the land (the subject land ) that the proponent is applying to the Coordinator-General to acquire; and include evidence that the proponent has given written notice of the application to the registered owner of the subject land; and be accompanied by the fee prescribed under a regulation.
(sec.153AA-ssec.3) A private infrastructure facility application is a properly made application only if the Coordinator-General is satisfied it complies with subsection (2) .
(sec.153AA-ssec.4) Sections 153AB to 153AD apply to a private infrastructure facility application only if it is a properly made application.
- (a) each of the following apply— (i) the project has been declared a coordinated project for which an EIS is required under section 26 (1) (a) ; (ii) the Coordinator-General has publicly notified the Coordinator-General’s report for the project; (iii) the report has not lapsed; (iv) the area of land identified as required for the infrastructure facility is consistent with the land assessed in the EIS for the project; or
- (i) the project has been declared a coordinated project for which an EIS is required under section 26 (1) (a) ;
- (ii) the Coordinator-General has publicly notified the Coordinator-General’s report for the project;
- (iii) the report has not lapsed;
- (iv) the area of land identified as required for the infrastructure facility is consistent with the land assessed in the EIS for the project; or
- (b) both of the following apply— (i) the Coordinator-General is satisfied that adequate environmental assessment has been carried out for the project in accordance with an environmental assessment process under an Act, other than this Act, or under a Commonwealth Act; (ii) the area of land identified as required for the infrastructure facility is consistent with the land assessed in the document, similar to an EIS, to which the process relates.
- (i) the Coordinator-General is satisfied that adequate environmental assessment has been carried out for the project in accordance with an environmental assessment process under an Act, other than this Act, or under a Commonwealth Act;
- (ii) the area of land identified as required for the infrastructure facility is consistent with the land assessed in the document, similar to an EIS, to which the process relates.
- (i) the project has been declared a coordinated project for which an EIS is required under section 26 (1) (a) ;
- (ii) the Coordinator-General has publicly notified the Coordinator-General’s report for the project;
- (iii) the report has not lapsed;
- (iv) the area of land identified as required for the infrastructure facility is consistent with the land assessed in the EIS for the project; or
- (i) the Coordinator-General is satisfied that adequate environmental assessment has been carried out for the project in accordance with an environmental assessment process under an Act, other than this Act, or under a Commonwealth Act;
- (ii) the area of land identified as required for the infrastructure facility is consistent with the land assessed in the document, similar to an EIS, to which the process relates.
- (a) address the matters mentioned in section 153AC (2) ; and
- (b) include enough information about the project to allow the Governor in Council to assess the matters mentioned in that section; and
- (c) identify the land (the subject land ) that the proponent is applying to the Coordinator-General to acquire; and
- (ca) include evidence that the proponent has given written notice of the application to the registered owner of the subject land; and
- (d) be accompanied by the fee prescribed under a regulation.