Document ID: chunk:federal_register_of_legislation:C2025C00029:section:4:p10
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 4 (pt 10/95)
Character Range: 5573080–5576375

not breach the infrastructure project capital expenditure cap under section 415‑75; and
 (d) the following conditions are satisfied:
 (i) the conditions prescribed by the *infrastructure project designation rules;
 (ii) if the infrastructure project designation rules do not prescribe any conditions—in the opinion of the Infrastructure CEO, the infrastructure is nationally significant infrastructure (within the meaning of the Infrastructure Australia Act 2008); and
 (e) the infrastructure project is not a *designated infrastructure project.
 (2) The instrument of provisional designation must contain any details prescribed by the *infrastructure project designation rules.

Amendment of instruments of provisional designation
 (3) The *Infrastructure CEO must, by instrument in writing, amend the instrument of provisional designation in accordance with any requirements prescribed by the *infrastructure project designation rules. The Infrastructure CEO must not amend the instrument in any other circumstances.
 (4) Without limiting subsection (3), the requirements the *infrastructure project designation rules may prescribe for the purposes of that subsection include requirements relating to when an amendment must take effect, which may be a time before the amendment is made.

Revocation of instruments of provisional designation
 (5) The *Infrastructure CEO must, by instrument in writing, revoke the instrument of provisional designation:
 (a) if the Infrastructure CEO has designated the project under section 415‑70, or decides not to designate the project; or
 (b) if the Infrastructure CEO has revoked the instrument of acceptance of the estimate under section 415‑80; or
 (c) in the circumstances (if any) prescribed by the *infrastructure project designation rules.
The Infrastructure CEO must not revoke the instrument in any other circumstances.
 (6) Without limiting paragraph (5)(c), the circumstances the *infrastructure project designation rules may prescribe for the purposes of that paragraph include:
 (a) circumstances involving a failure by a prescribed entity to give prescribed information to the *Infrastructure CEO; and
 (b) circumstances involving a breach of conditions set by the Infrastructure CEO for the *provisionally designated infrastructure project to remain provisionally designated.
 (7) The *infrastructure project designation rules must prescribe matters to which the *Infrastructure CEO must have regard in setting conditions for a *provisionally designated infrastructure project to remain provisionally designated, if the infrastructure project designation rules provide for the Infrastructure CEO to set such conditions, as mentioned in paragraph (6)(b).

415‑70  Designation

Designation
 (1) The *Infrastructure CEO must, by instrument in writing, designate the infrastructure project for the purposes of this Division if:
 (a) the entity applies to have the Infrastructure CEO designate the infrastructure project in accordance with section 415‑55; and
 (b) the Infrastructure CEO accepts the estimate of the *infrastructure project capital expenditure under section 415‑80; and
 (c) the designation would not breach the infrastructure project capital expenditure cap under section 415‑75; and
 (d) the following conditions are satisfied: