165FReferral of applications under another enactment

165F Referral of applications under another enactment

(1)  [Section 165F Subsection (1) amended by No. 33 of 2015, s. 22, Applied:01 Jan 2016] Where a person who proposes to undertake dam works is required under any other enactment to apply for any approval or permit before those works are undertaken, the relevant authority must refer the application to the Minister before granting the approval or issuing the permit.

(2)  [Section 165F Subsection (2) amended by No. 33 of 2015, s. 22, Applied:01 Jan 2016] Where an application is referred to the Minister –

(a) [Section 165F Subsection (2) amended by No. 33 of 2015, s. 22, Applied:01 Jan 2016] [Section 165F Subsection (2) amended by No. 33 of 2015, s. 22, Applied:01 Jan 2016] [Section 165F Subsection (2) amended by No. 33 of 2015, s. 22, Applied:01 Jan 2016] the Minister may require the imposition on the approval or permit of such terms and conditions as the he or she considers necessary or desirable to ensure the safety of the dam works, including a condition consisting of a requirement that the person report to the Minister in relation to the person's compliance with any condition of the approval or permit; and

(b) the relevant authority must include those terms and conditions on the approval or permit.

(3)  [Section 165F Subsection (3) amended by No. 33 of 2015, s. 22, Applied:01 Jan 2016] [Section 165F Subsection (3) amended by No. 33 of 2015, s. 22, Applied:01 Jan 2016] An application referred to the Minister under subsection (1) is taken to be an application for a Division 3 permit except that –

(a) [Section 165F Subsection (3) amended by No. 33 of 2015, s. 22, Applied:01 Jan 2016] it is exempt from the provisions of sections 146 ; and