26Recommendation to Minister on project of State significance

26 Recommendation to Minister on project of State significance

(1)  [Section 26 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] As soon as practicable after undertaking an integrated assessment of a project of State significance, the Commission must submit a report to the Minister on whether or not the project should proceed, and if so on what conditions.

(2)  [Section 26 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where the report of the Commission recommends that a project of State significance should proceed on conditions, it must specify –

(a) those conditions; and

(b) [Section 26 Subsection (2) amended by No. 44 of 1998, s. 6, Applied:18 Dec 1998] [Section 26 Subsection (2) amended by No. 44 of 1998, s. 6, Applied:18 Dec 1998] the Act pursuant to which, and the permit, licence or other approval in which, each condition would normally be imposed; and

(c) the agency responsible for the enforcement of each condition.

(2A)  [Section 26 Subsection (2A) inserted by No. 44 of 1998, s. 6, Applied:18 Dec 1998] If in the opinion of the Commission it may be necessary following the making of an order under subsection (6) or (8) to specify, pursuant to section 26A , additional conditions upon which the project of State significance is to proceed, the report of the Commission must specify –

(a) the Act pursuant to which, and the permit, licence or other approval in which, each condition would normally be imposed; and

(b) the reason why the Commission is unable to specify the condition at the time the Commission makes its recommendation under subsection (2) .

(3)  The Commission must publish notice of its report to the Minister under in the and must make the report publicly available.