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STATE POLICIES AND PROJECTS ACT 1993 - SECT 26 Recommendation to Minister on project of State significance

STATE POLICIES AND PROJECTS ACT 1993 - SECT 26

Recommendation to Minister on project of State significance

(1)  As soon as practicable after undertaking an integrated assessment of a project of State significance, the Commission must submit a report to the Minister on whether or not the project should proceed, and if so on what conditions.
(2)  Where the report of the Commission recommends that a project of State significance should proceed on conditions, it 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.
(2A)  If in the opinion of the Commission it may be necessary following the making of an order under subsection (6) or (8) to specify, pursuant to section 26A , additional conditions upon which the project of State significance is to proceed, the report of the Commission must specify –
(a) the Act pursuant to which, and the permit, licence or other approval in which, each condition would normally be imposed; and
(b) the reason why the Commission is unable to specify the condition at the time the Commission makes its recommendation under subsection (2) .
(3)  The Commission must publish notice of its report to the Minister under subsection (1) 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)  Subject to subsection (6A) , the Governor may make an order in accordance with a recommendation made under subsection (5) .
(6A)  If an order made under section 18 in respect of a project of State significance includes a requirement, under section 18(3A) , that the order made under this section in respect of the project is of no effect until it has been approved by resolution of each House of Parliament, a recommendation of the Minister under subsection (5) in respect of the project is taken to be a recommendation of the Minister under subsection (7) .
(7)  Where the Minister does not recommend to the Governor the making of an order in accordance with a report of the Commission, the Minister may recommend to the Governor the making of an order enabling the project of State significance to proceed on conditions, and specifying –
(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.
(8)  The Governor may make an order in accordance with a recommendation made under subsection (7) or a recommendation that is taken, by virtue of subsection (6A) , to have been made under subsection (7) .
(9)  An order under subsection (8) is of no effect until it has been approved by resolution of each House of Parliament.
(10)  The Clerk of the House by which a resolution referred to in subsection (9) is passed must publish notice of the resolution in the Gazette as soon as possible after it is passed.