sec.76EAProcess applying to particular declarations

### sec.76EA Process applying to particular declarations This section applies if the Minister intends to declare a project with a capital investment value of not more than $50 million to be a prescribed project. Before making the declaration, the Minister— must give each interested person for the project a written notice that— describes the project and the area in which the project is proposed to be undertaken; and states the grounds on which the Minister considers the project should be declared a prescribed project; and invites the person to give the Minister a submission about the proposed declaration within the period stated in the notice; and must consider each properly made submission given to the Minister about the proposed declaration. The stated period for subsection (2) (a) (iii) must be at least 10 business days after the interested person is given the notice. The Minister must, within 10 business days after making a decision about declaring the project to be a prescribed project, give to each interested person who gave the Minister a properly made submission a written notice stating the Minister’s reasons for the decision. In this section— capital investment value , for a project, includes all costs necessary to establish and operate infrastructure associated with the project, including, for example, the cost of— fixed or mobile plant and equipment; and designing and constructing buildings or other structures; and engaging consultants. interested person , for a project, means each local government for the area in which the project is proposed to be undertaken. properly made submission means a submission that— is in writing and is signed by the local government that made the submission; and is received within the stated period for making the submission; and states the grounds of the submission and the facts and circumstances relied on in support of the grounds. s 76EA ins 2006 No. 54 s 7 (sec.76EA-ssec.1) This section applies if the Minister intends to declare a project with a capital investment value of not more than $50 million to be a prescribed project. (sec.76EA-ssec.2) Before making the declaration, the Minister— must give each interested person for the project a written notice that— describes the project and the area in which the project is proposed to be undertaken; and states the grounds on which the Minister considers the project should be declared a prescribed project; and invites the person to give the Minister a submission about the proposed declaration within the period stated in the notice; and must consider each properly made submission given to the Minister about the proposed declaration. (sec.76EA-ssec.3) The stated period for subsection (2) (a) (iii) must be at least 10 business days after the interested person is given the notice. (sec.76EA-ssec.4) The Minister must, within 10 business days after making a decision about declaring the project to be a prescribed project, give to each interested person who gave the Minister a properly made submission a written notice stating the Minister’s reasons for the decision. (sec.76EA-ssec.5) In this section— capital investment value , for a project, includes all costs necessary to establish and operate infrastructure associated with the project, including, for example, the cost of— fixed or mobile plant and equipment; and designing and constructing buildings or other structures; and engaging consultants. interested person , for a project, means each local government for the area in which the project is proposed to be undertaken. properly made submission means a submission that— is in writing and is signed by the local government that made the submission; and is received within the stated period for making the submission; and states the grounds of the submission and the facts and circumstances relied on in support of the grounds. - (a) must give each interested person for the project a written notice that— (i) describes the project and the area in which the project is proposed to be undertaken; and (ii) states the grounds on which the Minister considers the project should be declared a prescribed project; and (iii) invites the person to give the Minister a submission about the proposed declaration within the period stated in the notice; and - (i) describes the project and the area in which the project is proposed to be undertaken; and - (ii) states the grounds on which the Minister considers the project should be declared a prescribed project; and - (iii) invites the person to give the Minister a submission about the proposed declaration within the period stated in the notice; and - (b) must consider each properly made submission given to the Minister about the proposed declaration. - (i) describes the project and the area in which the project is proposed to be undertaken; and - (ii) states the grounds on which the Minister considers the project should be declared a prescribed project; and - (iii) invites the person to give the Minister a submission about the proposed declaration within the period stated in the notice; and - (a) fixed or mobile plant and equipment; and - (b) designing and constructing buildings or other structures; and - (c) engaging consultants. - (a) is in writing and is signed by the local government that made the submission; and - (b) is received within the stated period for making the submission; and - (c) states the grounds of the submission and the facts and circumstances relied on in support of the grounds.