sec.153ACCriteria for approval of project

### sec.153AC Criteria for approval of project This section applies if a private infrastructure facility application is made for a project. The Governor in Council may, by gazette notice, approve the project as a private infrastructure facility if the Governor in Council is satisfied of each the following— the project has economic or social significance and economic or social benefits to Australia, the State or the region in which the project is to be undertaken; the proponent has the financial and technical capability to complete the project in a timely way; the project satisfies an identified need or demand for the services provided by the project; the project will be completed in a timely way to satisfy the identified need or demand; the land on which the facility is proposed to be located has been sufficiently identified; the project is not inconsistent with State policies; for the subject land— the proponent has negotiated for at least 6 months with each registered owner of the land and has taken reasonable steps to purchase the land by agreement; and if native title exists in relation to the land, the proponent has taken reasonable steps to enter into an indigenous land use agreement for the land. In deciding whether the project has economic or social significance and economic or social benefits under subsection (2) (a) , the potential for the project to contribute to community wellbeing, economic growth or employment levels must be taken into account. In assessing the potential under subsection (3) , the contribution the project may make to agricultural, industrial, resource or technological development in Australia, the State or a region is a relevant consideration. s 153AC ins 2012 No. 43 s 314 amd 2014 No. 40 s 61 (sec.153AC-ssec.1) This section applies if a private infrastructure facility application is made for a project. (sec.153AC-ssec.2) The Governor in Council may, by gazette notice, approve the project as a private infrastructure facility if the Governor in Council is satisfied of each the following— the project has economic or social significance and economic or social benefits to Australia, the State or the region in which the project is to be undertaken; the proponent has the financial and technical capability to complete the project in a timely way; the project satisfies an identified need or demand for the services provided by the project; the project will be completed in a timely way to satisfy the identified need or demand; the land on which the facility is proposed to be located has been sufficiently identified; the project is not inconsistent with State policies; for the subject land— the proponent has negotiated for at least 6 months with each registered owner of the land and has taken reasonable steps to purchase the land by agreement; and if native title exists in relation to the land, the proponent has taken reasonable steps to enter into an indigenous land use agreement for the land. (sec.153AC-ssec.3) In deciding whether the project has economic or social significance and economic or social benefits under subsection (2) (a) , the potential for the project to contribute to community wellbeing, economic growth or employment levels must be taken into account. (sec.153AC-ssec.4) In assessing the potential under subsection (3) , the contribution the project may make to agricultural, industrial, resource or technological development in Australia, the State or a region is a relevant consideration. - (a) the project has economic or social significance and economic or social benefits to Australia, the State or the region in which the project is to be undertaken; - (b) the proponent has the financial and technical capability to complete the project in a timely way; - (c) the project satisfies an identified need or demand for the services provided by the project; - (d) the project will be completed in a timely way to satisfy the identified need or demand; - (e) the land on which the facility is proposed to be located has been sufficiently identified; - (f) the project is not inconsistent with State policies; - (g) for the subject land— (i) the proponent has negotiated for at least 6 months with each registered owner of the land and has taken reasonable steps to purchase the land by agreement; and (ii) if native title exists in relation to the land, the proponent has taken reasonable steps to enter into an indigenous land use agreement for the land. - (i) the proponent has negotiated for at least 6 months with each registered owner of the land and has taken reasonable steps to purchase the land by agreement; and - (ii) if native title exists in relation to the land, the proponent has taken reasonable steps to enter into an indigenous land use agreement for the land. - (i) the proponent has negotiated for at least 6 months with each registered owner of the land and has taken reasonable steps to purchase the land by agreement; and - (ii) if native title exists in relation to the land, the proponent has taken reasonable steps to enter into an indigenous land use agreement for the land.