26BAmendment of order approving project of State significance

### 26B Amendment of order approving project of State significance > [*\[Section 26B Inserted by No. 44 of 1998, s. 7, Applied:18 Dec 1998\]*](/view/html/inforce/1998-12-18/act-1998-044#GS7@EN) > > > (1)  In this section, > > > > > ***amending order*** means an order which amends or revokes an order made under [section 26(6)](#GS26@Gs6@EN) or [(8)](#GS26@Gs8@EN) or [section 26A](#GS26A@EN) or an order which is made in substitution for an order made under [section 26(6)](#GS26@Gs6@EN) or [(8)](#GS26@Gs8@EN) or [section 26A](#GS26A@EN) . > > > (2)  The Minister may give a written direction to the Commission requiring it to advise whether or not an amending order should be made. > > > (3)  Where the Commission receives a direction under [subsection (2)](#GS26B@Gs2@EN) , it must provide the Minister, within the time specified by the Minister in the direction, with a report advising whether or not an amending order should be made. > > > (4)  The Commission may of its own volition provide the Minister with a report recommending that an amending order should be made. > > > (5)  Where a report of the Commission recommends that an amending order should be made which would include conditions subject to which the project of State significance may proceed, the report must specify – > > > > > > (a) those 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. > > > (6)  The Commission must publish notice of a report to the Minister under [subsection (3)](#GS26B@Gs3@EN) or [(4)](#GS26B@Gs4@EN) in the *Gazette* and must make the report publicly available. > > > (7)  The Minister must make a decision with respect to a report under [subsection (3)](#GS26B@Gs3@EN) or [(4)](#GS26B@Gs4@EN) within 28 days of receiving it. > > > (8)  The Minister may recommend to the Governor the making of an order in accordance with a report of the Commission under [subsection (3)](#GS26B@Gs3@EN) or [(4)](#GS26B@Gs4@EN) . > > > (9)  The Governor may make an order in accordance with the recommendation of the Minister. > > > (10)  If the Governor makes an order under [subsection (9)](#GS26B@Gs9@EN) , the Minister must publish a notice in the *Gazette* specifying the details of the order. > > > (11)  Subject to [subsection (13)](#GS26B@Gs13@EN) , the order takes effect on the date of publication of the notice in the *Gazette*. > > > (12)  If the order 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 (10)](#GS26B@Gs10@EN) and the order to be laid before each House of Parliament within the first 10 sitting days of the House after the notice has been published. > > > (13)  If either House of Parliament passes a resolution within the first 3 sitting days after the notice referred to in [subsection (12)](#GS26B@Gs12@EN) is laid before it that the order be disallowed, the order is void and, from the date of disallowance, the order ceases to have effect.