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]

(1)  In this section,

amending order means an order which amends or revokes an order made under section 26(6) or (8) or section 26A or an order which is made in substitution for an order made under section 26(6) or (8) or section 26A .

(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) , 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) or (4) 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) or (4) 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 or .