26ARecommendation to Minister relating to additional conditions

26A Recommendation to Minister relating to additional conditions

[Section 26A Inserted by No. 44 of 1998, s. 7, Applied:18 Dec 1998]

(1)  After the making of an order under section 26(6) or (8) , the Commission may submit a report to the Minister recommending that an order be made specifying additional conditions subject to which the project of State significance should proceed.

(2)  Where the Commission submits a report to the Minister under subsection (1) , it must specify –

(a) the additional conditions; and

(b) 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.

(3)  The Commission must publish notice of its report under subsection (1) 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)  The Minister may recommend to the Governor the making of an order in accordance with the report of the Commission.

(6)  The Governor may make an order in accordance with a recommendation made under subsection (5) .

(7)  If the Governor makes an order under subsection (6) , the Minister must publish notice in the Gazette specifying details of the order.

(8)  Subject to subsection (10) , the order takes effect on the date of publication of the notice in the Gazette.

(9)  If the order made under subsection (6) relates to an order which was approved by resolution of each House of Parliament under section 26(9) , the Minister must cause the notice referred to in subsection (7) and the order made under subsection (6) to be laid before each House of Parliament within the first 10 sitting days of the House after the notice has been published.