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STATE POLICIES AND PROJECTS ACT 1993 - SECT 28A Revocation of order declaring project to be a project of State significance made on recommendation of Commission

STATE POLICIES AND PROJECTS ACT 1993 - SECT 28A

Revocation of order declaring project to be a project of State significance made on recommendation of Commission

(1)  If the Commission is satisfied, at any time before the submission of its report to the Minister under section 26(1) , that there is no reasonable prospect that its report will contain a recommendation that a project of State significance should proceed, the Commission may submit a report to the Minister recommending that the order made under section 18(2) in relation to the project be revoked.
(2)  Before the Commission submits a report to the Minister in accordance with subsection (1) , it must give to the person proposing the project of State significance a draft of the report.
(3)  The person proposing the project of State significance may make a written submission to the Commission in relation to the draft of the report within 14 days of being given the draft.
(4)  If a written submission is made under subsection (3) , the Commission must forward the submission to the Minister at the same time that it submits its report to the Minister.
(5)  After considering the Commission's report and any submission made under subsection (3) , the Minister may recommend to the Governor the making of an order revoking the order made under section 18(2) .
(6)  The Governor may make an order revoking the order made under section 18(2) in accordance with a recommendation made under subsection (5) .
(7)  If an order is made under subsection (6) revoking an order that declared a project to be a project of State significance, any direction given by the Minister under section 20 in relation to the project is revoked.
(8)  No action may be brought against the Crown or any servant or agent of the Crown for loss sustained by reason of the making of an order under subsection (6) .