26Recommendation to Minister on project of State significance

### 26 Recommendation to Minister on project of State significance > > (1)  [*\[Section 26 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja12@GC17@EN) 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)  [*\[Section 26 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja12@GC16@EN) 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) [*\[Section 26 Subsection (2) amended by No. 44 of 1998, s. 6, Applied:18 Dec 1998\]*](/view/html/inforce/1998-12-18/act-1998-044#GS6@Hpb@EN) [*\[Section 26 Subsection (2) amended by No. 44 of 1998, s. 6, Applied:18 Dec 1998\]*](/view/html/inforce/1998-12-18/act-1998-044#GS6@Hpa@EN) 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)  [*\[Section 26 Subsection (2A) inserted by No. 44 of 1998, s. 6, Applied:18 Dec 1998\]*](/view/html/inforce/1998-12-18/act-1998-044#GS6@Hpc@EN) If in the opinion of the Commission it may be necessary following the making of an order under [subsection (6)](#GS26@Gs6@EN) or [(8)](#GS26@Gs8@EN) to specify, pursuant to [section 26A](#GS26A@EN) , 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)](#GS26@Gs2@EN) . > > > (3)  [*\[Section 26 Subsection (3) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja12@GC16@EN) The Commission must publish notice of its report to the Minister under [subsection (1)](#GS26@Gs1@EN) in the *Gazette* and must make the report publicly available. > > > (4)  The Minister must make a decision with respect to the report within 28 days of receiving it. > > > (5)  [*\[Section 26 Subsection (5) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja12@GC16@EN) The Minister may recommend to the Governor the making of an order in accordance with the report of the Commission. > > > (6)  [*\[Section 26 Subsection (6) amended by No. 16 of 2023, s. 5, Applied:31 Aug 2023\]*](/view/html/inforce/2023-08-31/act-2023-016#GS5@Hpa@EN) Subject to [subsection (6A)](#GS26@Gs6A@EN) , the Governor may make an order in accordance with a recommendation made under [subsection (5)](#GS26@Gs5@EN) . > > > (6A)  [*\[Section 26 Subsection (6A) inserted by No. 16 of 2023, s. 5, Applied:31 Aug 2023\]*](/view/html/inforce/2023-08-31/act-2023-016#GS5@Hpb@EN) If an order made under [section 18](#GS18@EN) in respect of a project of State significance includes a requirement, under [section 18(3A)](#GS18@Gs3A@EN) , that the order made under this section in respect of the project is of no effect until it has been approved by resolution of each House of Parliament, a recommendation of the Minister under [subsection (5)](#GS26@Gs5@EN) in respect of the project is taken to be a recommendation of the Minister under [subsection (7)](#GS26@Gs7@EN) . > > > (7)  [*\[Section 26 Subsection (7) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja12@GC16@EN) Where the Minister does not recommend to the Governor the making of an order in accordance with a report of the Commission, the Minister may recommend to the Governor the making of an order enabling the project of State significance to proceed on conditions, and specifying – > > > > > > (a) those conditions; and > > > > > > > (b) [*\[Section 26 Subsection (7) amended by No. 44 of 1998, s. 6, Applied:18 Dec 1998\]*](/view/html/inforce/1998-12-18/act-1998-044#GS6@Hpe@EN) [*\[Section 26 Subsection (7) amended by No. 44 of 1998, s. 6, Applied:18 Dec 1998\]*](/view/html/inforce/1998-12-18/act-1998-044#GS6@Hpd@EN) 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. > > > (8)  [*\[Section 26 Subsection (8) amended by No. 16 of 2023, s. 5, Applied:31 Aug 2023\]*](/view/html/inforce/2023-08-31/act-2023-016#GS5@Hpc@EN) The Governor may make an order in accordance with a recommendation made under [subsection (7)](#GS26@Gs7@EN) or a recommendation that is taken, by virtue of [subsection (6A)](#GS26@Gs6A@EN) , to have been made under [subsection (7)](#GS26@Gs7@EN) . > > > (9)  An order under [subsection (8)](#GS26@Gs8@EN) is of no effect until it has been approved by resolution of each House of Parliament. > > > (10)  The Clerk of the House by which a resolution referred to in [subsection (9)](#GS26@Gs9@EN) is passed must publish notice of the resolution in the *Gazette* as soon as possible after it is passed.