Victorian Consolidated Legislation

Environment Effects Act 1978 - SECT 8B

Advice of Minister

8B. Advice of Minister



(1) This section applies if a matter comes to the Minister for advice under
section 8.

(2) The Minister may by notice in writing require any relevant decision-maker
or proponent of the works to provide the Minister with any information that
the Minister reasonably requires to decide whether a statement should be
prepared for the works.

(3) The Minister must decide whether-

   (a)  a statement should be prepared for the works; or

   (b)  a statement is not required for the works if conditions specified by
        the Minister are met; or

   (c)  a statement is not required for the works.

(4) On making a decision under subsection (3), the Minister must-

   (a)  by notice in writing advise the proponent of the works, and any
        relevant decision-maker from whom the matter has come to the Minister
        for advice under section 8-

   (i)  that a statement should be prepared for the works; or

   (ii) that a statement is not required for the works if conditions specified
        by the Minister are met; or

   (iii) that a statement is not required for the works; and

   (b)  give to that relevant decision-maker any other advice or assistance
        the Minister thinks fit to enable a decision to be made.

(5) A notice under subsection (4)(a)(i) must specify the procedures and
requirements under the guidelines that are to apply to the statement.

(6) The Minister must also give the notice under subsection (4)(a) to each
person or body to whom a direction is given under section 8A in respect of the
works.

(7) If the Minister gives a notice under subsection (4)(a)(i) in relation to
works, the works are deemed to be works to which this Act applies.