STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 76O Coordinator-General’s decision

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 76O

76O Coordinator-General’s decision

(1) After making an assessment about the prescribed decision or process, the Coordinator-General may—

(a) if the decision had not been made or the process had not been undertaken by the decision maker—

(i) make the decision or undertake the process; or

(ii) send back the decision or process, with or without conditions, to the decision maker under the relevant law for the decision or process; or

(iii) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision maker under the relevant law for the decision; or

(b) otherwise—

(i) confirm or amend the decision; or

(ii) cancel the decision and substitute a new decision.

(2) In acting under subsection (1) , the Coordinator-General may, in relation to the prescribed decision, impose conditions the Coordinator-General considers necessary or desirable having regard to—

(a) the nature of the prescribed project to which the decision relates; and

(b) whether the applicant for the decision has entered into a voluntary environmental agreement for the undertaking of the project; and

(c) the matters mentioned in section 76N (c) the Coordinator-General considered for the decision.

(3) Without limiting subsection (2) , the Coordinator-General may impose a condition requiring the applicant to carry out an activity or works that—

(a) prevent, control or mitigate detrimental environmental effects that may arise because of the undertaking of the prescribed project; or

(b) restore or enhance aspects of the environment that may be affected by the undertaking of the prescribed project to which the decision relates.

(4) For subsection (3) , an activity or works mentioned in the subsection may be required to be carried out on land on which the prescribed project is being undertaken or on other land in another part of the State.

(4A) If the Coordinator-General receives a recommendation under section 76M (4) to impose a condition in relation to the prescribed decision, the Coordinator-General must impose the condition unless the Minister directs otherwise.

(5) For a condition imposed under this section, the Coordinator-General may nominate an entity that is to have jurisdiction, under the relevant law for the prescribed decision, for the condition.

(6) An entity may be nominated for 1 or more of the conditions.

(7) If the Coordinator-General nominates an entity under subsection (5) , the Coordinator-General must give each of the following written notice of the nomination—

(a) the entity;

(b) the decision maker and the applicant for the prescribed decision.

(8) Subject to this part, the relevant law for the prescribed decision or process applies to the making of the Coordinator-General’s decision under this section.