26ARecommendation to Minister relating to additional conditions

### 26A Recommendation to Minister relating to additional conditions > [*\[Section 26A Inserted by No. 44 of 1998, s. 7, Applied:18 Dec 1998\]*](/view/html/inforce/1998-12-18/act-1998-044#GS7@EN) > > > (1)  After the making of an order under [section 26(6)](#GS26@Gs6@EN) or [(8)](#GS26@Gs8@EN) , 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)](#GS26A@Gs1@EN) , 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)](#GS26A@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)  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)](#GS26A@Gs5@EN) . > > > (7)  If the Governor makes an order under [subsection (6)](#GS26A@Gs6@EN) , the Minister must publish notice in the *Gazette* specifying details of the order. > > > (8)  Subject to [subsection (10)](#GS26A@Gs10@EN) , the order takes effect on the date of publication of the notice in the *Gazette*. > > > (9)  If the order made under [subsection (6)](#GS26A@Gs6@EN) relates to an order which was approved by resolution of each House of Parliament under [section 26(9)](#GS26@Gs9@EN) , the Minister must cause the notice referred to in [subsection (7)](#GS26A@Gs7@EN) and the order made under [subsection (6)](#GS26A@Gs6@EN) to be laid before each House of Parliament within the first 10 sitting days of the House after the notice has been published. > > > (10)  If either House of Parliament passes a resolution within the first 3 sitting days after the notice referred to in [subsection (9)](#GS26A@Gs9@EN) is laid before it that the order made under [subsection (6)](#GS26A@Gs6@EN) be disallowed, the order is void and, from the date of disallowance, the order ceases to have effect.