sec.54GDeclaration-making powers

### sec.54G Declaration-making powers A proceeding mentioned in the Planning and Environment Court Act 2016 , section 11 can not be started in relation to the project. However, a person mentioned in section 54F (2) may bring a proceeding in the Planning and Environment Court for a declaration about whether there has been substantial compliance with an imposed condition for the undertaking of the project. The court may also make an order about any declaration it makes under subsection (2) . The court may, in deciding what orders it is to make in the proceeding, have regard to 1 or more of the following— the laws and policies applying when the condition was imposed; the EIS or IAR for the project; the Coordinator-General’s report for the EIS or IAR and any Coordinator-General’s change report for the project; the financial implications of— the imposed conditions for the undertaking of the project; or any proposed orders; the public interest; any environmental management plan required under the condition; any other matter the court considers relevant. s 54G ins 2005 No. 57 s 39A amd 2009 No. 36 s 872 sch 2 ; 2014 No. 40 s 154 sch 1 pt 1 ; 2016 No. 27 s 529 (sec.54G-ssec.1) A proceeding mentioned in the Planning and Environment Court Act 2016 , section 11 can not be started in relation to the project. (sec.54G-ssec.2) However, a person mentioned in section 54F (2) may bring a proceeding in the Planning and Environment Court for a declaration about whether there has been substantial compliance with an imposed condition for the undertaking of the project. (sec.54G-ssec.3) The court may also make an order about any declaration it makes under subsection (2) . (sec.54G-ssec.4) The court may, in deciding what orders it is to make in the proceeding, have regard to 1 or more of the following— the laws and policies applying when the condition was imposed; the EIS or IAR for the project; the Coordinator-General’s report for the EIS or IAR and any Coordinator-General’s change report for the project; the financial implications of— the imposed conditions for the undertaking of the project; or any proposed orders; the public interest; any environmental management plan required under the condition; any other matter the court considers relevant. - (a) the laws and policies applying when the condition was imposed; - (b) the EIS or IAR for the project; - (c) the Coordinator-General’s report for the EIS or IAR and any Coordinator-General’s change report for the project; - (d) the financial implications of— (i) the imposed conditions for the undertaking of the project; or (ii) any proposed orders; - (i) the imposed conditions for the undertaking of the project; or - (ii) any proposed orders; - (e) the public interest; - (f) any environmental management plan required under the condition; - (g) any other matter the court considers relevant. - (i) the imposed conditions for the undertaking of the project; or - (ii) any proposed orders;