Document ID: chunk:federal_register_of_legislation:C2005A00094:clause:2_2
Version: federal_register_of_legislation:C2005A00094
Segment Type: clause
Provision Reference: sch 2 cl 2
Character Range: 9653–11347

2  Determination of what approvals become approvals under the AusLink (National Land Transport) Act 2005

(1) The Minister may, in writing, determine:
 (a) that specified approvals of projects or programs (each of which is a carried over approval) that are in force under subsection 26(3) of the Australian Land Transport Development Act 1988 immediately before the transition time are to be taken, after that time, to be approvals properly granted under the AusLink (National Land Transport) Act 2005; and
 (b) for each of those carried over approvals—whether the approval is to be taken to be an approval of an AusLink National Project, an AusLink Transport Development and Innovation Project or an AusLink Black Spot Project (within the meaning of the AusLink (National Land Transport) Act 2005).

(2) The determination has effect accordingly.

(3) The Minister may, in writing, vary the determination to correct an error.

(4) The Minister cannot vary the determination except as permitted by subitem (3) and cannot revoke the determination.

(5) For the purposes of the AusLink (National Land Transport) Act 2005, an amount paid under the Australian Land Transport Development Act 1988 before the transition time in respect of a project or program to which a carried over approval relates is to be counted towards the maximum funding amount that may be provided under the AusLink (National Land Transport) Act 2005 for the project or program.

(6) The determination under subitem (1), or an instrument varying the determination, is a legislative instrument for the purposes of the Legislative Instruments Act 2003, but neither section 42 nor Part 6 of that Act applies to the instrument.